of the Commissioners that an amount equal to one-third of the value of the land to be purchased has been provided from other sources in a manner approved by the Commissioners and has been, or will be, expended in part payment of the purchase price of the land to be mortgaged to the Commissioners. (5.) The rate of interest payable on the mortgage shall be such rate as the Treasury shall from time to time prescribe. (6.) The amount secured by the mortgage or charge, with interest thereon, shall be repayable within a period not exceeding thirty-five years by equal yearly or halfyearly instalments of principal and interest combined. (7.) The land comprised in the mortgage or charge must be freehold or copyhold land free from any mortgage or other charge affecting it in priority to the mortgage or charge of the Commissioners. (8.) For the purposes of this Act "approved society" means (a) a society registered under the Industrial and Provident Societies Acts, 1893 to 1923, or the (b) a company registered under the Companies Acts, (9.) The powers conferred by this section on the Com § 2. §§ 2, 3. Provision for allotments in townplanning schemes. 15 Geo. 5, c. 16. missioners are in addition to and not in derogation of any powers conferred on them by any other enactment. (1) For definition of an "approved society," see sub-sect. 8. (2) See the Regulations of the Treasury made under this subsection in Appendix I., p. 280 3.-(1.) Every local authority or joint committee of local authorities preparing a town-planning scheme in pursuance of the Town Planning Act, 1925, shall, in preparing such scheme, consider what provision ought to be included therein for the reservation of land for allotments. Before determining whether provision shall be included as aforesaid, the local authority or joint committee shall consult the council of any borough or urban district any part of whose district is within the area of the proposed scheme, and consider any recommendations which the council of the borough or urban district make. Every local authority or joint committee submitting a town-planning scheme to the Minister of Health for his approval shall furnish therewith a statement under the hand of their clerk or other competent officer certifying that the requirements of this sub-section have been complied with.1 (2.) The Minister of Health shall notify the Minister of Agriculture and Fisheries of any resolution passed by a local authority or joint committee deciding to prepare a town-planning scheme in pursuance of the Town Planning Act, 1925. (3.) The council of every borough or urban district, any part of whose district is within the area of a townplanning scheme, shall take into consideration from time to time, but at least once in every year, the question whether any and, if so, what lands within the area of the scheme are needed for allotments, whether reserved for the purpose or not, and ought to be acquired under and in accordance with the provisions of the Allotments Acts, 1908 to 1922, as amended by this Act.1 (4.) In the case of any borough or urban district for §§ 3-5. which an allotments committee is appointed under the Act of 1922, as amended by this Act, the council of the borough or urban district shall refer to their allotment committee any matter which they are required to consider under sub-sections (1) and (3) of this section, or which is referred to them for their consideration by any other local authority under sub-section (1) of this section, and shall consider the report of the allotments committee thereon. (1) This section makes it imperative on local authorities preparing a town-planning scheme to consider whether provision should be included therein for the reservation of land for allotments as defined in this Act, and imposes on borough and urban district councils the duty of considering at least once a year whether any and, if so, what lands within the area of any townplanning scheme affecting their district are needed for allotments and ought to be acquired under their powers. ments. 4. Notwithstanding the provisions of section sixteen of Limit of expenditure the Act of 1922, the council of any borough or urban on provision district may take proceedings under the provisions of of allotthe Allotments Acts, 1908 to 1922, relating to allotments if, in the opinion of the council, the expenses referred to in such section may reasonably be expected, after the proceedings are taken, to exceed the receipts of the council under those provisions by no greater amount than would be produced by a rate of one penny in the pound.1 (1) See sect. 16 of the Act of 1922 (ante, p. 168), which limited the expenses to be incurred in providing allotments to what might reasonably be expected to be defrayed out of the receipts of the council. of land for ments. 5. The council of a borough or urban district may Acquisition acquire land for allotments, notwithstanding that the land future allotor any part of it cannot immediately be let in allotments, provided that the Minister of Health is satisfied, after consultation with the Minister of Agriculture and §§ 5-8. Fisheries, that there is a reasonable expectation that the land will eventually be required for allotments.1 Amendment of section ten (3) of Act of 1922. Amendment of section ten (4) of Act of 1922. Sale, &c. of land used as allotments. (1) This section enables a council to provide for a future anticipated demand for allotments with the sanction of the Minister of Health after consultation with the Minister of Agriculture and Fisheries. 6. Section ten of the Act of 1922 is hereby amended by the substitution for paragraph (b) of sub-section (3) of the following paragraph: (b) by not less than three months' notice in writing given by the owner to the council in any case where the land is required for any purpose other than the use of the land for agriculture, sport, or recreation, and by not less than six months' notice in writing so given and expiring on or before the sixth day of April, or on or after the twenty-ninth day of September, where the land is required for use for sport or recreation.1 (1) See sect. 10 of the Act of 1922, ante, p. 163. 7. The right of a tenant to claim compensation under sub-section (4) of section ten of the Act of 1922 shall be exerciseable notwithstanding that it is otherwise agreed in the contract of tenancy in any case where the rent payable by the tenant under his contract of tenancy for the land exceeds threepence per pole, unless, in the case of a tenancy existing at the passing of this Act, the council within three months after the passing of this Act gives notice in writing to the tenant that the rent of the land is as from the last preceding date for payment of rent reduced to a rent of threepence per pole or less.1 (1) See sect. 10 (4) of the Act of 1922, ante, p. 162. 8. Where a local authority has purchased land for use as allotments the local authority shall not sell, appropriate, use, or dispose of the land for any purpose other than use for allotments without the consent of the §§ 8—10. Minister of Agriculture and Fisheries after consultation with the Minister of Health, and such consent shall not be given unless the Minister is satisfied that adequate provision will be made for allotment holders displaced by the action of the local authority or that such provision is unnecessary or not reasonably practicable, and where such consent is obtained the sanction of the county council under section thirty-two of the Small Holdings and 8 Edw. 7, Allotments Act, 1908, shall not be required.1 (1) See sect. 32 of the Act of 1998 (ante, p. 36), which enabled a council to sell, let, or exchange superfluous or unsuitable land originally acquired for allotments with the sanction of the county council. The present section forbids any sale, use, or disposal of such purchased land for any purpose than use for allotments, without the consent of the Minister. c. 36. the Act of 9. Section eleven of the Act of 1922 shall be read Amendment as if the period of twenty-one days were substituted of s. 11 of therein for the period of ten days as the period within 1922. which a notice may be served on the person requiring possession. new allot ments. 10. Where after the date of this Act coming into Rating of operation land which is not used for allotments commences to be so used, the gross value, or the gross estimated rental, for the purposes of any enactment relating to rating, at which the land is assessed immediately before. such user shall not be increased during the first three years of such user, and where the land so used was immediately before such user included with other land in one assessment in the valuation list in force, the gross value or gross estimated rental of the land included in that assessment shall for the purposes of this section be apportioned according to acreage as between the land used for allotments and the other land:1 Provided that, if on the application of any person |