Provided that if the owner of any land is not known to, and after reasonable inquiry cannot be ascertained by, the Council, the notice may be served by leaving it, addressed to "the owner," with some occupier of the land, or if there is no occupier, by affixing it to some conspicuous part of the land.

CONSENT OF COUNCIL TO BE IN WRITING.

62. In all cases where the consent of the Council is required to be given under this Scheme such consent shall be in writing (a), and shall be either under the hand of the Clerk or of some person duly authorised to act in place of the Clerk or under the seal of the Council. (a) See note (a) to model olause 56.

INQUIRIES BY MINISTER.

63. Section 85 of the Housing of the Working Classes Act, 1890, as amended by the Act of 1909, shall apply for any purposes of this Scheme as it applies for the purpose of the execution of the powers and duties of the Minister under the former Act (a).

(a) Section 85 of the Act of 1890 provides generally as to local inquiries, and as to the payment of the costs involved. The section also applies ss. 293 to 296 and s. 298 of the Public Health Act, 1875, for the purposes of such inquiries and orders of the Minister of Health. The provisions of s. 85 of the Housing of the Working Classes Act, 1890, as amended, and the above sections of the Act of 1875, as so applied, will be found fully dealt with at pp. 135-138, ante. These provisions are applied for the purposes of Part II. of the Housing, Town Planning, etc. Act, 1909.

FOR THE PROTECTION OF THE POSTMASTER-General (a).

64. (1) Nothing in this Scheme shall affect the application of section 7 of the Telegraph Act, 1878, to any alteration in any telegraphic line of the Postmaster-General which may be involved in the exercise of powers conferred by the Scheme.

(2) Notwithstanding the stopping up or diversion of any highway or footpath under this Scheme, the Postmaster-General shall continue to have the same powers and rights in regard to any telegraphic line which remains in, under, upon, over, along or across the site of the said highway or footpath as if the same had continued to be a highway or footpath :

Provided that if the Council or the person in whom the soil of the said highway or footpath is vested desires to alter such telegraphic line, the enactments of section 7 of the said Act shall thereupon apply in all respects as though the Council or the said person (as the case may be) were undertakers within the meaning of that Act.

(3) Expressions in this clause have the same meaning as in the Telegraph Act, 1878..

(a) Paragraph 45 of the explanatory memorandum is as follows: "This clause has been drafted in consultation with the Postmaster-General, and the Minister considers that it should be inserted in all town planning schemes. The clause is intended to meet the following points :

"(i) Section 7 of the Telegraph Act, 1878, lays down the procedure to be followed where the removal or alteration of a telegraphic line is made necessary by the execution of street works, etc., under special statutory powers, but the section is so worded that it is applicable only where provision is not otherwise made by enactment.' Accordingly sub-clause (1) has been inserted to ensure that the scheme shall not be regarded as making alternative provision and so ousting the Telegraph Act.

"(ii) Under the Telegraph Acts a telegraph line laid upon private land can at any time be required to be removed by the owner of the land at the Postmaster-General's expense. The protection given by subclause (2) is therefore needed in order that, where a highway is stopped up and the land ceases to be a highway, the PostmasterGeneral shall not be liable for the removal of telegraph lines at his own cost."

DURATION OF SCHEME AND SHORT TITLE.

65. (1) This Scheme shall commence (a) on the day on which it is approved by the Minister, and shall, subject to any variations made by any subsequent Scheme, continue in operation until revoked. (2) This Scheme may be cited as The

Planning Scheme, 19-.'

66

Town

(a) By the " commencement " of the Scheme is meant the time at which it comes into operation (see clause 1, p. 209; Interpretation Act, 1889, s. 36).

The

FIFTH SCHEDULE.

FORM A.

CHARGING Order.

being the Responsible Authority under the

Town Planning Scheme, 19 made under Part II. of the Housing, Town Planning, etc. Act, 1909, do by this Order under their common seal charge the lands and premises mentioned in the Schedule hereto with the payment to

of

yearly (half-yearly) on the

of the sum of
day of

pounds payable for the term of

years, and being in consideration of a payment of
under section 58 (3) of the said Act.

pounds made by

Form of Assignment of Charge. To be endorsed on Charging Order.

Dated the

I, the within named

day of

in pursuance of the Housing, Town Planning, etc. Act, 1909, and of the consideration of pounds, this day paid to me, heroby assign to the within-mentioned charge.

Signed

APPENDIX F.

TABLE SUMMARISING EFFECT OF EXISTING
SCHEMES AND MODEL CLAUSES.

For convenience, a table is appended on p. 265 showing certain items in the fourth schedule of the Act of 1909 (as amended by section 48 and the third schedule of the Act of 1919) (see p. 166), being the subjects of special provisions under section 55 (2) of the Act of 1909, against which are set the numbers of the clauses in the existing schemes and model clauses designed respectively to deal with those items. This is intended to present to the eye the general direction hitherto taken in approved schemes.

Items (4), (6), (7), (8), (9), (17), and (18) on p. 166, have not yet been dealt with in any scheme.

The proper subjects for special provisions under section 55 (2) of the Act of 1909 have, so far as identification of the area and the responsible authority are concerned, been included in the table under the head "Definitions"; while the suspension of enactments is included under the head "Application and Suspension of Enactments."