HOUSING AND TOWN PLANNING. &c.. ACTS. TOaETHBR WITH REGULATIONS AND CIRCULARS OF THE MINISTRY OF HEALTH RELATING TO FINANCIAL ^ASSISTANCE TO LOCAL AUTHORITIES AND PUBLIC UTILITY SOCIETIES. AHD BORROWING BY LOCAL AUTHORITIES, BYE-LAWS, MODEL FORM OF CONTRACT, &c., &c. The Editor of the Local Government Journal. London: THE LOCAL GOVERNMENT JOURNAL. 7, Chichestbe Housb, Chancbrt Lani, W.0.2. October, 1919. HOUSING AND TOWN PLANNING, etc., ACTS, TOGETHER WITH REGULATIONS AND CIRCULARS OF THE MINISTRY OF HEALTH RELATING TO FINANCIAL ASSISTANCE TO LOCAL AUTHORITIES AND PUBLIC UTILITY SOCIETIES, BORROWING BY LOCAL AUTHORITIES, BYE-LAWS, MODEL FORM OF CONTRACT, eVc, &c. The Editor of the \ Local •Governmmi^ Journal. London : TJIE LOCAL GOVERNMENT JOURNAL. 7. Chichester House, Chancery Lane, -W.C 2. October, 1919. PREFACE. This publication has been delayed in the press in order to biing into the Appendix new regulations, rules and orders under the Housing, Town Planning, Etc., Act, 1919. In the meantime, to facilitate the working of the Act the Ministry of Health have issued fl Very many memoranda, circulars, and other explanatory publica- c tions. These were intended to meet the needs of the moment aild ^ are accordingly not given, except as excerpts and notes to the more ^"^ permanent matter. At the moment of going to press the iMinistry of Health have issued the Housing Acts (Form of Orders and Notices) Order, 1919, under section 41 of the Housing, Town Planning, Etc., Act, 1909. It is regretted that this order has proved too lengthy to insert while going to i:)ress. THE EDITOR. 383317 anEi Great Peace Problem HOUSING. IMPORTANT To ARCHITECTS, ENGINEERS, SURVEYORS, etc. We are prepared to place our expert staff at your disposal ; to adapt your drawings to one of £)uf Economic Standardised Systems of House Con- struction. . We are prepared to submit plans and designs for your approval. W^e are prepared to submit estimates for Housing Schemes in any part of the country. W^e shall be very pleased to discuss your difficulties with you. To HOUSING AUTHORITIES. "^ Katepayers can "be saved very substantial sums by your adoption of the "Economic" System,', and secure buildings, combining Strength, Stability, good appearance, and the highest point of sanitary excel-, lence. You should obtain your designs and estimates before allocating your Building Contracts. To LOCAL CONTRACTORS AND ARTIZANS. It is our fixed policy to employ local labour and machinery to the utmost extent in our forthcoming building operations, and local contractors open to undertake local sub-contracts should write to us at once. Men returned from service with H.M.. Forces will be given every opportunity to revive their old skill in the various building trades. Economic Building Corporation, LIMITED, i ECONOMIC BUII.DIINQS, 323, HIGH HOLBORN, T^OJt4T>QJl^ , W.C. 1. T.lforami : " KCOBUILDIC," HOLjB., LONDON, r.mllrtfnlal Offifr: 132, REMPART ST. OEOlUiKS, ANTWERP. TABLE OF CONTENTS. PAGE. 1. — Preface iii. 2. — Table ^^f Contents v. 3. -'-Intvodiution vii.-x vi. A review of tlie Housing Acts — 1. Improvement schemes viii. 2.— ^Reconstruction schemes ix. 3. — Plousing schemes x. 4. — Assisted housing schemes xiii. 5. — Town planning schemes xiv. Local authority, landhad and tenant xv. 4.— The Housing and Town Planning Acts, Texts and Notes — 1. — The Housing, Town Planning, Etc., Act, 1919, (9 A: 10 Geo. 5, ch. 35) 1 to 51 2. — The Housing, Town Planning, Etc., Act. 1909, (9 Edw. 7, c. 44) 52 to 81 3. — The Housing of the Working Classes Act, 1903, (3 Edw. 7, c. 39) ....'. 82 to 87 4.— The Housing of the Working Classes Act. 1900 (63 cS: 64 Vict., c. 59) 88 5.— The Housing of the Working Classes Act, 1890 (53 & 54 Vict, c. 70) 89 to 128 5.- Appendix — Housing (Assisted Schemes) Regulati n.s, 1919 129 County Councils (Assisted Schemes for Housing of Employees) Regulations, 1919 137 Public Utility Societies (Financial Assistance) Regula- tions,' 1919" 139 Statement of Income and Expenditure 144 Housing Trusts (Financial Assistance) Regulations, 1919 148 Housing Acts (Ctnnpulsory Purchase) Regulations, 1919 151 Standard Specification for Cottages 155 Model Form of Tender and Contract 180 Foim of Survey of Housing Needs 205 Completion of Schemes by Instalments 205 AVhat Rents are to be Charged 205 Delegation of Powers to Committees 206 Housing Act (Aj)peal Procedure) Rules 207 .Ministry of Health (Temporary Relaxation of Building By-laws) Regulations, 1919 ..' 208 CORRIGENDA. Page 22. — Note 3 to section 19 — for "carried out l^efore the passing of the Act." read "carried out within three years after the passing of the Act." Page 64. — As Note to section 41 (1) read "Forms are prescribed by "-■■ Housinc Acts (Form of Orders and Notices) Order. 1919 M.O.H. 53. INTRODUCTION. A REVIEW OF THE HOUSING ACTS. By the Editor of the " Local Government Journal." This handbook is mainly concerned witli the Housing, Town Planning, &c., Act of 1919. But that Act cannot be interpreted and its provisions cannot be fully understood without a knowledge of previous Acts. The first Housing Act was the Labouring Classes Lodging Houses Act, 1851. This was followed by some eight Acts affecting the housing of the work- ing classes in England and Wales, and special Acts affecting housing in Scotland and Ireland. These Acts, however, were repealed by the Housing of the AVorking Classes Act, 1890, which waS a, consolidating and amending Act and is the parent Act of subsequent housing legisla- tion. Accordingly in this handbook we deal with the Housing of the Working Classes Act, 1890 (53 & 54 Vict. c. 70), herein referred to as the principal Act ; the Housing of the Working Classes Act, 1894 (57 & 58 Vict. c. 55), which, however, is only a one-section Act and is given as a note to section 43 (1) of the Act of 1890 ; the Housing of the Working Classes Act, 1900 (63 & 64 Vict. c. 59), herein referred to as the Act of 1900 ; the Housing of the Working Classes Act, 1903 (3 Edw. 7, c. 39), herein referred to as the Act of 1903 ; the Housing, Town Planning, &c.. Act, 1909 (9 Edw. 7, c. 44), herein referred to as the Act of 1909; and finally the-Housing, Town Planning, &c., Act, 1919 (9 & 10 Geo. 5, c. 35), herein referred to as the Act of 1919. The texts of the principal Act of 1890 and the Acts of 1900, 1903 and 1909 have been considerably amended since they were originally enacted, and will be found herein given as they stand in text to date, with the source of any alteration of text from the original indicated in brackets. It is to be noted that none of the Housing Acts contains a definition of the expression " working classes " or the expression " houses for the working classes " for the general purposes of those Acts. The Acts merely contain definitions for special purposes. Thus section 75 of the principal Act for the purposes of that section defines the expression " letting for habitation by persons of the working classes " as meaning " the letting for habitation of a house or part of a house at a rent not exceeding in England the sum named as the limit for the composition of rates by section 3 of the Poor Rate Assessment and Collection Act, 1869 " (namely, in the Metropolis £20, Liverpool £13, Manchester and Birmingham £10, and elsewhere £8 — limits which have since been raised by section 14 of the Act of 1909). And similarly for the purposes of section 3 of the Act of 1903 the Schedule to that Act defines the " work- ing class " to " include mechanics, artisans, persons not working for wages, tut working at some trade or handicraft without employing others, except members of their own family, and persons other than domestic servants whose income in any case does not exceed an average of thirty shillings a week, and the families of any of such persons who may be residing with them." The Settled Lands Acts contain another definition for their own purposes. But all these definitions are defini- tions for special purposes. The absence of a definition for the purposes generally of the Housing Acts was raised in the House of Commons during the debate on the Act of 1919, and definitions were attempted on amendments by private members but were abandoned. Local authori- ties will therefore place their own definition on the expression " work- ing classes " by the type of houses theA' erect with the nrmmval of the ^Ministry of Health. "^ It is intended that the term .should be liber- viii. INTRODUCTION." ally interpreted, and that no rigid criterion should be adopted— (circular letter dated 25th August, 1919, issued by the Ministry of Health to local authorities). In a review of--the provisions of the Housing Acts it is convenient to deal with the different schemes they now require from local authorities. Such schemes may be divided into : — 1. Improvement schemes under Part I. of the principal Act. 2. Reconstruction schemes under Part II. of the principal Act. 3. Housing schemes under Part III. of the principal Act. 4. Assisted housing schemes under the Act of 1919. 5. Town-planning schemes under Part II. of the Act of 1909 and 1919. I. — Improvembnt Schemes. An improvement scheme under Part I. of the principal Act arises where in the district of a local authority (other than a rural district, section 3, principal Act) an official representation is made by the medical officer to the local authority either (a) that within a certain area houses, courts or alleys are unlit for human habitation, or (b) the narrowness, closeness and bad arrangement, or the bad condition of the streets and houses or groups of houses within such area, or the want of light, air ventilation or proper conveniences or other sanitary defects, or one or more of such causes, are dangerous or injurious to the health of the inhabitants either of the buildings in the said area or the neighbouring buildings. The representation must also set out that the most satisfactory method of dealing with the evils is an improve- ment scheme for the arrangement and reconstruction of the streets and houses within such area or of some of such streets or houses. (Sec- tion 4, principal Act.) It is the duty of the medical officer to make a representation whenever he sees cause, but any justice of the peace within the district or six persons liable to be rated can make a com- plaint to the medical officei' as to the unhealthiness of any area within his district, and it then also becomes the duty of the medical officer to inspect the area 4ind to make a representation to the local authority of the facts and of his (ipinion. (Section 5, principal Act.) If the medical officer fails to ccjinply with such a request or makes a representation to the local authority that in his opinion it is not an unhealthy area, the complainant or complainants may then appeal to the Ministry of Health, who can appoint a medical practitioner to make an inspection and report, and if his report is that the area is unhealthy, the local authority are required to proceed as on receipt of an official representa- tion. (Section 16, principal Act.) On receipt of an official repre- sentation the locat authority, if satisfied of the truth of the repre- sentation and of the sufficiency of their resources, are required to resolve that the area is unhealthy and proceed to prepare an improvement scheme. (Section 4. principal Act.) But in case they do not proceed, they are required to report accordingly to the ^Ministry of Health (sec- tion 10, principal Act), and where it appear?,, to the Ministry that a local authority is in any way in default in their duties under Part I. of the Act, tlie Ministry may make an order on them requiring them to remedy tluir default, and such an order can be enforced by man- damus. (Section 4, Act of 1903. and .section 11, Act of 1909.) Now, under section 5 of the Act of 1919, the IMinistry can enforce Part I. of the principal Act wherever they are satisfied that an area is one in T'^stipct of which the local authority ought to exercise their powers, and llipy v order require the local authority to carry out their powers. iNTnODlCTION. IX. within a prescribed time, and if the kx?al authority fail to cojuply, they can require the county council to carry out a scheme or themselves undertake a scheme. A scheme submitted by the local authority to the Ministry of Health is confirmed, either with or without modifica- tions, by order and then becomes binding on the local authority. (Sec- tion I'A, principal Act.) The contents of an improvement scheme are set out in section 6, and the procedure for securing the confirmation of the ^linistry of Health in sections 7 and 8 of the principal Act. If the Ministry so, require, the scheme must provide for the accommodation of persons of the working classes displaced by the scheme eitfier within or without the area. (Sectii^in 11, principal Act.) The local authority may sell or let all or any of the areas comprised in the scheme to purchasers or lessees under conditions that they will carry the scheme into operation, and they may also engage with any body of trustees, society or person to carry the scheme or part of it into effect. (Sec- tion 12, principal Act.) The local authority may lay out. form, pave and sewer and complete streets on the cleared sites, but cannot them- selves, without express approval from the Ministry, rebuild the houses. (Section 12, principal Act.) II. — Rj;COX STRUCT ION SCHE-MES. Part II. of the principal Act deals firstly with buildings unfit for human habitation and obstructive buildings, and secondly with recon- struction schemes. Schemes can arise where — (a) an order for the demolition of a building has been made and it appears to the local authority that it would be beneficial to the health of the inliabitants of the neighbouring dwellings if the area of the dwelling-house of which the building forms part were either (1) dedicated as a highway or open space, or (2) ajjpro- priated, sold or let for the erection of dwelling-houses for the working classes, or (3) exchanged with other neighbouring land which is more suitable for the erection of such buildings and on exchange will be appropriated, sold or let for such erection ; (b) where it appears to the local authority that the closeness, narrow- ness, and bad arrangement or bad condition of the buildings or the w-ant of light, air, ventilation, or proper convenience, or any other proper sanitary defect in any buildings is dangerous or prejudicial to the health of the inhabitants either of the said buildings or of the neighboui'ing buildings, and that the demoli- tion or the reconstruction of the said buildings or some of them is necessary to remedy the said evils and that the area comprised is too small to be dealt with as an unhealthy area under Part I. (Section 39, principal Act.) Neighbouring lands may lie included m the scheme if the local authority are of c^^ion that its inclusion is necessary to make the scheme efficient. Section 7, Act of 1903.) The procedure for closing and demolition orders in respect of dwellings unfit for human habitation was dealt with in sections 16 and 17 of the principal Act, but those sections have been repealed and replaced by sections 17 and 18 of the Act of 1909. Obstructive buildings are dealt with in section 38 of the principal Act. To follow the various provisions made for the enforcing of Part II., it must be remembered that the principal Act contemplated forcing the hands of local authorities only so far as the closing of buildings unfit for human habitation went. Tire Act makes it the dutv of the medical officer of health' to represent to the local authority (which expression includes the oimnfil of a rural district) any building which appears to ^. INTRODUCTION. him unlit foi human habitation (section 30), and any justice of the peace acting for the district or any member of a local authority or any four or more householders (compare the justice and six ratepaj'ers under Part I.), niay make a complaint to him concerning any dwelling, and he is thereupon required to inspect and transmit the comjUaint with his opinion thereon to the local authority. If the local authority decline or neglect within three months to take any proceedings to put Part II. into oiDeration, the complainants may petition the Ministry of Health, who after an inquiry may order the local authority to proceed. (Section 31, principal Act.) If, however, the local authority is a rural district council the procedure is a complaint to the county council (sec- tion 45). The Act of 1909 considerably extended the powers of the Ministry of Health and county councils to enforce local authorities to exercise their powers under Part II. of the principal Act. Section 17 of the Act of 1909 makes it the duty of every local authority to inspect their district from time to time, and under section 10 of the Act com- plaint can now be made direct to the Ministry of Health that the local authority liave failed to exercise their pow^ers in cases where those powers ought to have been exercised. Here there is no necessity of complaint to the medical officer as to particular buildings. After holding a public local inquiry, the ^Ministry, under the said section 10, may declare tiie authority in default and may make an order on the authority to carry out sucli 'Work and do such other things as are specified within the order within a time limit (section 10). Such an order is enforceable by mandamus, but instead of so enforcing it in the case of a county dis- trict the Ministry may, with the consent of the county council, direct the county council to carry out the works. Before making an order under this section, the Ministry of Health are required by clause 3 of the section to take into consideration a number of circumstances, including the liability to be incurred by the rates. It is to be no.ted that section 10 applies where, on a local inquiry, the local authority are shown to have failed to exercise their powers under Part II. A local authority may. however, have proceeded so far as the closing and demolition of dwellings and the making of a scheme, and may fail or delay to give effect to the scheme, or they may have gone so far as to make an order for the pulling down of an obstructive building and may fail. or delay to give effect to that oi'der, or they may have not made the insfiection of thfeir district required by section 17 of the Act of 1900. In these cases section 11 of the Act of 1909 will apply. Under this section, the Ministry of Health may act without local complaint or inquiry, and may make an order on the local authority to carry out or do any other things necessary within a specified time. A very similar provision is contained in section 5 of the Act of 1^9, but this section is tgoader in two ways : (a) It applies where the Tl^iisti'y are satisfied un(ffr any circumstances that the area is one in which powers ought to be exercised under either Part I. or Part II., and the Ministry can by order require the local authority to proceed either under Part I. or Part II., as it chooses, (b) In case the local authority fail to comply with their order, the Ministry can authorise the county council to make and carry out a scheme ; or can themselves make and take such steps as may be necessary to carry out a scheme. III. — Housing Schemes under Part III. Housing schemes under Part III. of the principal Act aie for housing and not rehousing connecte council to act or may themselves act, in the place and at the expense ' T.of the local authority. Finally, hj section 46 of the Act; it is made the ' duty of everv borough or other urban district, the population of which exceeds 20,000. and any other local authority which the Ministry may require, within three years aft«r 1st January, 1923, to prepare and submit a town-planning scheme to the Ministry in accordance with pro- visions which have yet to be determined by the Ministry. LOCAL AUTHORITY, OW^ER AND TENANT. The foregoing' review of the provisions of the Housing and Town Plan- ning Acts for improvement, reconstruction, housing, " assisted " and t >wn-planning schemes 'cover the greater portion of the Acts. There are, however, important provisions in the Acts, designed to prevent property from sinking into the category of slum property, which Temain to be noticed. Section 75 of the Act of 1890 provides that in any con- tract for letting for habitation of a house or part of a house at a rent . not exceeding the sum named as the compounding limit in section 3, Poor Rate Assessment and Collection Act, 1869 (that is to say, £20 in the Metropolis, £13 in Liverpool, £10 Manchester and Birmingham, and £8 elsewhere), there shall be an implied condition at the com- meiicement of the holding that the house is in all respects reasonably fit for human habitation. By section 12 of the Act of 1903. this condition takes effect notwithstaiviing any agreement to the contrary and any such agreement is void. The Act of 1909 by section 14 extends the provision of section 75 of the principal Act to houses let at a rental — (a) in the Administrative County of London of £40, (b) in a borough or urban district with a population of 50,000 or upwards of £26, and (c) elsewhere £16, and by section 15 implies a conditaon in the letting of such houses that the landlord shall throughout the holding keep the premises in all respects reasonably fit for human habitation. Section 29 of the Act of 1919 provides that in the case of houses intended or used for occupation by the working classes, the name and address of the medical officer of health for the district and of the landlord or other person who is responsible for keeping the house reasonably fit for habitation shall be inscribed in the rent-book or, if a rent-book is not used, delivered in writing to the tenant and if any person demands or collects any rent 4n contravention of this provision, he incurs a penalty of forty shillings for each offence. Section 15 of the Act of 1909 empowers a local authority, if it appears to them that a landlord is not fulfilling the implied condition to keep the house reasonably fit for habitation, to require him to execute such works as they may specify in a written notice^. The landlord then has an option to close the house for human habitation, but if he does not signify to the authority within a specified time that he has decided to close the house and fails to carry . out the required works, the local authority mSy do the works themselves and recover from the landlord. The landlord has an appeal to the Ministry against both the notice requiring him to carry out the works and the demand for the recovery of expenses, but lie has no right of appeal to the courts. The Act of 1909 applies to houses during a holding for human occupation. The Act of 1919 now, however, contains in section 28 a provision for the repair of houses whether during holding for occupation or not, and this provision applies generally to houses .wl. JXTRODLCTIOX. suitable fui- occuijatmn by the working classes, without any limilatiuns of rentals or value. If the owner of such a house fails to keep it in all respects fit for human habitation, the local authority may serve a notice on him requiring him to execute the works Inecessary to render it so tit. The owner here is only given the option of closing the house., . for human 'habitation (if it is not capable of being rendered fit for such •'* habitation). If he does not comply with ihe order the local authority may themselves do the work and recove? from him.* Similarly, if the owner or any other person having an interest in a lodging-house or house divided into tenements for the working classes fails to execute works required to com])lv with by-laws a« to such houses under section 26 of the Acfof 1919, the local authority may themselves execute the \vorks and r-ecover from such owner or other person. Further provisions of this section are noted below. It remains to notice section 27 of the Act. This section contains altogether a new departure. If a house exists which as a result of changes in the character of the neighbourhood cannot readily be let as a single tenement but can readily be let if converted into two or more tenements (not necessarily for the working classes), and the provisions of the lease do not admit of such conversion, the local authoritv may seek from the county court an order varying the terms of the lease to enable the house to be so converted. The lessee has equal rights with the local authority under section 26 of the Act of 1919, noted immediately above, to seek from the county court an order varying the terms of his lease to enable him to convert a house which cannot readily be let as a single tenement into two or more tenements. If, in case of a lessee who takes in lodgers or has let the building in tenements — (a) compliance with by-laws made under section 26 as to lodging-houses is contrary to the provisions of his lease or agreement, or (b) the whole or part of the expenses to be incurred in complying with the by-laws ought to be borne lay the lessor or other superior landlord, the lessee may apply. to the local authority, and the local authority may (a) relax the provisions of the lease, (b) grant a chartring order charging on the premises an annuity to repay the ex- penses properly incurred. Tlie owner or superior landlord is given a converse right for entry against the lessee or tenant to ]ivotect his interest. This right was first recognised by section 47 of the princijial Act. Under this section if the owner of a building in respect of which a closing or demolition order has been made finds that his interests are being prejudiced by the default of the person against whom such order has been made he may apply to a court of summary jurisdiction for an order forthwith to enter in the dwelling-house and to execute the works or demolish the building or claim to retain the site, as the case may be. By section 30 of the Act of 1919 any person entitled to any interest in any land used in whole or in part as a site for houses for ^he working, ^asseB, may apply to the courts for an order entrusting the applicant with the carrying out of a scheme of reconstruction or improvement approved V)y the local authority and empowering the applicant forthwith to enter on the land : but he must first prove to the satisfaction of thf court that the premises on ^he land are or are likely to become unfit for human habitation .ind that his interests are thereby prejiwlice Sections 84 to 90 of the Land Clauses (Consolidation) Act prohibit the promoters of an undertaking to enter, without the consent of the owners, into possession except on payment of the purchase money or compensation, or deposit by way of security and giving bond. The interest is at the rate of five per cent, on the purchase money or compensation from the time of entry into possession until payment. HOUSING, TOWN PLANNING, ETC., ACT, 1919. 15 ment of the like compensation for the land of which possession is taken and interest on the compensation awarded as would have been payable if those provisions had been complied with. (2) Where a local authority have agreed * to purchase land for the purposes of Part III. of the principal Act, or have determined to appropriate lan4 for those purposes, subject to the interest of the person ^n possession thereof, and that interest is not greater than that of a tenant for a year or from year to year, then, at any time after such agreement has been made, or such appropriation has been approved by the Local Government Board/ the local autho- rity may, after giving not less than fourteen days' notice to the person so in possession, enter on and take possession of the land or such part thereof as is specified in the notice without previous consent but subject to the payment to the person so in possession of the like compensation with such interest thereon as aforesaid as if the local authority had been authorised to purchase the land com- pulsorily and such person had in pursuance of such power lieen required to quit possession before the expiration of his term or interest in the land, but without the necessity of compliance with sections eighty-four to ninety of the Lands Clauses (Consolidation) Act, 1845. AMENDMENT OF PROCBDURE FOR COMPULSORY ACQUISITION OF LAND. 11. — (1) Paragraph (7) of the First Schedule to the Housing, Town Planning, &c., Act, 1909 (which provides for special procedure in the case of the acquisition of land, for the purposes of Part III. of the. principal Act, situate in London or in a borough or urban dis- trict), shall cease to have effect.^ (2) Where the confirming of an order made under that schedule is opposed, the Local Government Board * shall, before confirming the order, duly consider the report of the person by whom, under paragraph (6) of the said schedule,' a public inquiry is held, and the Local Government Board shall not confirm any order for the compulsory acquisition of land under that schedule, even when the order is unopposed, if they are of opinion that the land is unsuited for the purpose for which it is proposed to be acquired. 2 Thi^ clause only applies when the local authority have come to an agreement with the owner and is directed against the occupier. ' For ■■ Local Government Board " now read " Ministry of Health." See Note 3 to section 1. NOTES TO SECTION 11. 1 Paragraph 7 of the First Schedule to the Act of 1909 required the Local Government Board to hold an inquiry by an inspector of the Board as to whether the land proposed to be acquired was suitable for the purpose and whether having regard to the extent or situation of the land and the pur- poses for which it was used, it could be acquired without undue detriment to the persons interested in it or owners of adjoining land. If the inspector reported that it was unsuitable or could not be acquired without such detri- ment as aforesaid, then if the Local Government Board confirmed the order for its acquisition otherwise than subject to modifications to give effect ■ to the specified condition, the order was provisional only and required Parliamentary confirmation. 2 For "Local Government Board" now read "Ministry of Health." See Note 3 to section 1. ' Paragraph 6 of the schedule teferred to is given fast. 16 HOUSING, TOWN PLANNING, ETC., ACT, 1919. (3) Notwithstanding the provisions of paragraph (6) of the First Schedule to the Housing, Town Planning, &c., Act, 1909, any order for the compulsory acquisition of land which is duly submitted after the date of the passing of this Act, and before the expiration of two years from that date, by a local authority under the provisions of Part I. of the Housing, Town Planning, &c., Act, 1909, may be confirmed by the Local Government Board without a pul^ic inquiry. (4) The amendments to the said schedule effected by this Act shall apply to that schedule as originally enacted but not as applied by any other enactment.^ ADDITIONAL POWERS AS TO ACQUISITION OF LAND AND HOUSES. 12. — (1) The powers of a local authority to acquire land for the purposes of Part III. of the principal Act shall be deemed to in- clude power — . • (a) to acquire any houses or other buildings on the land proposed to be acquired as a site for the erection of houses for the working classes ; and (b) to acquire any estate or interest in any houses which might be made suitable as houses for the working classes, together with any lands occupied with such houses ; and the local authority shall have power to .^Iter, enlarge, jrepair and improve any such houses or buildings, so as to render them in all respects fit for habitation as houses for the working classes.^ (2) The purposes for which land may be acquired under Part III. of the principal Act shall be deemed to include — (a) the lease or sale of the land, under the powers conferred by this Act, with a view to the erection thereon of houses for the working classes by persons other than the local autho- rity ; and ^ * Housing Acts (Compulsory Purchase) Regulations, 1919, issued under the First Schedule of the Act of 190a, as now amended, are given in the Appendix. NOTES TO SECTION 12. ' The powers of a local authority under Part III. in previous Housing Acts are contained in sections 53, 57, 58 and 59 of the principal Act— sec- tion 1 of tne Act of 1900, section 11 of the Act of 1903, and section 2 (3) of the Act of 1909. Under section 59 of the principal Act local authorities already possess power to convert any buildings on land acquired by them under a Part III. scheme. Section 12 of this Act enables local authorities to acquire estate in suitable buildings without acquiring land and con- vert them into dwelling-houaes for the working classes. Local authorities have already ipossessed power under .section 57 (2) of the principal Act (repealed by the Fifth Schedule to this Act and ■substituted by clause 3 of this section) to purchase or lease " lodging-houses [defined in section 53 of the principal Act] for the working classes already or hereafter to be built !ind provided " ; that is buildings built or to be built as dwellings for the working classes. Under section 12 of this Act they can acquire buildings not originally built or intended for the working classes. ' This provision and section 15 (1), fost, take the place of a more restricted proviBion in section 5(1) of the Act of 1900, repealed by the Fifth Schedule to this Act. Under the repealed section the local authority were only empowered to lease the land and were required to insert in the lease provi- sions to insure the user of the land exclusively as dwelling-houses for the working classes. As to conditions of sales and leases under this Act, eee section 15. HOUSING, TOWN PLANNING, ETC., ACT, 1919. 17 (b) the lease or sale under the powers conferred by this Act of any part of the land acquired with a view to the use thereof for purposes which in the opinion of the local authority are necessary or desirable for or incidental to the development of the land as a building estate, including the provision, maintenance, and improvement of houses and gardens, factories, workshops, places of worship, places of recreation, and other works or buildings for or for the convenience of persons belonging to the working classes and other persons.' (3) Subject to the consent of the Local Government Board ■• and to such conditions as the Board may prescribe, a local authority may, for the purposes of Part III. of the principal Act, contract for the purchase by or lease to them of houses suitable for the working classes, whether built at the date of the contract or in- tended to be built thereafter.^ POWER TO ACQUIRE IN ADVANCE LANDS IN AREAS PROPOSED FOR INCLUSION IN IMPROVEMENT SCHEMES UNDER PARTS I. AND II. OF PRINCIPAL ACT. 13. Where a local authority have under section four of the prin- cipal Act passed a resolution that an area is an unhealthy area and that an improvement scheme ought to be made in respect of such area, or have under section thirty-nine of the principal Act passed a resolution directing a scheme to be prepared for the improve- ment of an area, the local authority may, with the consent of and subject to any conditions imposed by the Local Government Board,' acquire by agreement any lands included within the area notwith- standing that the scheme may not at the time of acquisition have been made by the local authority or confirmed or sanctioned by the Local Government Board ; and the acquisition of such lands shall be deemed to be a purpose for which the local authority may borrow money under and subject to the provisions of Part I. or, as the case may be, Part II. of the principal Act.^ POWER TO ACQUIRE WATER RIGHTS. 14. A local authority or a county council may, notwithstanding anything in section three hundred and twenty-seven or s ection three 3 Compare section 11 of the Act of 1903, under which the Icca,l authority with the consent of the Ministry can provide shops, recreation grounds or other buildings or land serving a beneficial purpose in connection with the requirements of the persons for whom the dwelling accommodation is provided. As to conditions under this section, see section 15 oi this Act, posi. *B"or ■ Local Government Board" now read " Ministry of Health." See Note 3 to section 1. * This provision takes the place of section 57 (2) of the principal Act, repealed by the Fifth Schedule of this Act. Under the said section 57 (2) the local authority did not require to obtain consent from the Local Govern- ment Board. N(i>TES TO SECTION 13. iFor '■ Local Government Board" now read "Ministry of Health." See Note 3 to section 1. 2 Under section 2 (3) of the Act of 1909 a local authority is already able, with the consent of the Ministry, to acquire lands for the purposes of Part III., " notwithstanding that the land is not immediately required for those purposes." C 18 HOUSING, TOWN PLANNING, ETC, ACT, 1919. hundred and thirty-two of the Public Health Act, 1875 [38 & 39 Vict. c. 55], but subject to the provisions of section fifty-two of that Act, ^ be authorised to abstract water from any river, stream, or lake, or the feeders thereof, whether within or without the district of the local authority or the county, for the purpose of affording a watei supply for houses provided or to be provided under a scheme made under the Housing Acts, and to do all such acts as may be neces- sary for affording a water supply to such houses, subject to a prioi obligation of affording a sufficient supply of water to any houses or agricultural holdings or other premises that may be deprived thereof by reason of such abstraction, in like manner and subject to the like restrictions as they may be authorised to acquire land for the purposes of the scheme r Provided that no local authority or county council shall be autho rised under this section to abstract any water which any local authority, corporation, company, or person are empowered by Act of Parliament to impound, take or use for the pui'pose of supply within any area, or any water the abstraction of which would, in the opinion of the Local Government Board, ^ injuriously affect the working or management of any canal or inlB.nd navigation.* POWERS OF DEALING WITH LAND ACQUIREfD. 15. — (1) Where a local authority have acquired^ or appropriated any land for the purposes of Part III, of the principal Act, then, without prejudice to any of their other powers under that Act, the authority may — (a) lay out and construct public streets or roads and open spaces on the land;^ NOTES TO SECTION 14. ' Section 52 prohibits a local authority from constructing waterworks within the limits of supply of a water company if that company are able and willing to maintain a sufficient service. Section 327 contains a saving for works and property of certain authorities and for navigation and water rights. Section 332 contains a saving for water rights generally. 2 It is submitted that right to compensation is not defeated by this sec- tion. It was not the intention of the Government that it .should be so defeate Provisiona for borrowing under Part III. of the Housing Acts will be found in section 3, Act of 1909, section 1 of the Act of 1903. and section 6G of the Act of 1890. "For section 69 (5) of the Local Government Act, 1888, see note to sec- tion 8 of this Act. NOTES TO SECTION 19. ' For definitions, see section 40, -post. 2 " Local Government Board," now " Ministry of Health." See Note 3 to section 1. ■■> Reasonable progress must be made with the carrying into effect of the scheme within twelve months after the passing of the Act and must be carried into effect before the passing of the Act or such later date as the Ministry of Health may approve. See Public Utility Societies (Financial Assistance) Regulations and Housing Trusts (Financial Assistance) Regu- lations, 1919, fou. HOUSING, TOWN PLANNING, ETC., ACT, 1919. 23 or undertake to pay out of moneys provided by Parliament such contributions towards the cost of carrying out the schemes as may be determined to be payable under regulations made by the Board with the approval of the Ti-easury, subject to such conditions (in- cluding conditions as to audit of accounts by district auditors) as may be prescribed by those regulations.' (2) Such regulations shall provide that the amount of any annual payment to be made under this section shall be equivalent to thirty per centum of the annual loan charges which would have been payable in accordance with the regulations on the total capital expenditure incurred by the public utility society or housing trust for the purposes of the scheme if the amount of that expenditure had been borrowed from Public Works Loan Commissioners : Provided that the regulations shall include provision for the reduction of the amount of the annual payment in the event of the Local Government Board being satisfied that the capital expen- diture incurred by the public utility society or housing trust has been excessive. (3) Every regulation so made shall be laid before both Houses of Parliament as soon as may be after it is made, and, if an address is presented by either House, within twenty-one days on which that House has sat next after any such regulation is laid before it pray- ing that the regulation may be annulled, His Majesty in Council may annul the regulation, but without prejudice to the validity of anything previously done thereunder. LOANS TO PUBLIC UTILITY SOCIETIES. 20. — (1) The purposes referred to in sub-section (1) of section sixty-seven of the principal Act * for which the Public Works LK)an Commissioners may advance money on loan shall extend to the purchase of houses which may be made suitable as houses for the working classes and to the purchase and development of land by a public utility society. (2) Notwithstanding anything contained in the Public Works Loans Act, 1875 [38 & 39 Vict. c. 89], or any Act amending that Act, where a loan is made by the Public Works Loans Commis- sioners under section sixty-seven of the principal Act to a public utility society for the purpose of carrying out a scheme for the provision of houses for the working classes approved by the Local Government Board : — (a) The maximum period for the repayment of the loan shall be fifty instead of forty years f (b) Money may be lent on the mortgage of an estate for a term of years absolute wjhereof a period not less than ten years in * See the Public Utility Societies (Financial Assistance) Eegulationa, i>osi. NOTES TO SECTION 20. 1 Section 67 (1) of the principal Act will be found in the Housing Acts, post. ' The period of 40 years is specified in section 67 (2) (b) of the principal Act. 24 HOUSING, TOWN PLANNING, ETC., ACT, 1919. excess of the period fixed for the repayment of the sums advanced remains unexpired at the date of the lopn f (c) In the case of loans made during such period after the passing of this Act as may be specified by the Board "^ with the consent of the Treasury, the money advanced on the security of a mortgage of any land or dwellings solely shall not exceed seventy-five per cent, of the purchase price of the land and of the cost of its development and of the houses proposed to be mortgaged as certified by the Local Government Board ; but advances may be made by instalments in respect of the purchase money of the land to be acquired, and of the cost of its development, and in respect of the building of any house or houses on the land mortgaged as such building progresses, so that the total of the advances do not at any time exceed the amount aforesaid ; and a mortgage may accordingly be made to secure advances so to be made from time to time.* LOANS TO PRIVATE PERSONS. 21. During a period of two years from the passing of this Act, the money which may be advanced by the Public Works Loans Com- missioners to any private person ^ for the purpose of constructing houses for the working classes on the security of a mortgage of any land or dwellings solely may, if the Commissioners think fit and if the houses are constructed in accordance with plans approved by the Local Government Board, ^ exceed the amount specified in sub- section (2) of section sixty-seven of the principal Act,^ but shall not exceed seventy-five per centum of the value of the estate or interest in such land or dwellings proposed to be mortgaged, and advances may be made by instalments from time to time as the building of the houses on the land mortgaged progresses, so that the total of the advances does not at any time exceed the amount last mentioned, and a mortgage may accordingly be made to secure advances so to be made from time to time. LOANS BY LOCAL AUTHORITIES FOR THE IMPROVEMENT OF HOUSING ACCOMMODATION. 22. — (1) Where the owner of a house or building applies to the local authority, within the meaning of Part III. of the principal 3 Under section 67 (2) (c), no money can be advanced on mortgage of any land or dwellings solely unless the estate therein proposed shall be either an estate in fee simple or an estate for a term of years absolute, whereof not less than fifty years shall be unexpired at the date of the advance. ■* No period had been specified at the time of publication of this handbook. 5 Under section 67 (2) (a) of this Act of 1890, as amended by section 4 (1) of the Act of 1909, the money advanced on the security of' a mortgage shall not exceed, in the case of public utility societies, two-thirds of the value, to be ascertained to the satisfaction of the Public Works Loan Commissioners, of the estate or interest in such land or dwellings proposed to be mortgaged. NOTES TO SECTION 21. 1 Tiie private person must be " entitled to any land for an estate in fee simple or for any term of years absolute whereof not lese than fifty years shall for the time being remain unexpired " (section 67 (1) (b) of the Act of 1890). Compare definition of " owner" in section 22 of this Act. - For Local Government Board now read Ministry of Health. See Note 3 to section 1. 3 The amount specified in section 07 (2) (d) of the principal Act, in case of a private person applying under section 07 (1) (b), is one moiety. HOUSING, TOWN PLANNING, ETC., ACT, 1919. 25 Act,* of the district in which the house is situated for assistance for the purpose of carrying out works for the reconstruction, enlarge- ment, or improvement thereof, and the local authority ai'e of opinion that after the works are carried out the house or building would be in all respects fit for habitation as a house or as houses for the working classes, and that the circumstances of the district in regard to housing accommodation are such as to make it desirable that the works should be carried out, the local authority may lend to the owner the whole or any part of such sum as may be necessary to defray the cost of the works, and any costs, charges or expenses in- cidental thereto : Provided that the loan shall not exceed one half of the estimated value of the property mortgaged, unless some additional or collateral security is given sufficient to secure the excess.^ (2) Before the works are commenced, full particulars of the works and, where required by the local authority, plans and specifications thereof shall be submitted to the local authority for their approval and before any loan is made the authority shall satisfy themselves that the works in respect of whiqh the loan is to be made have been . cai'ried out in a satisfactory and efficient manner. (3) Tlie raising of money for the purpose of making a loan under this section shall be a purpose for which the local authority may borrow for the purposes of Part III. of the principal Act. (4) For the purpose of this section "owner" means any person whose interest, or any number of persons whose combined interests, constitute either an estate of fee simple in possession or, in the case of copyhold land, a similar estate, or a leasehold interest in posses- sion for a term of years absolute whereof a period of not less than ten years in excess of the period fixed for the repayment of the loan remains unexpired at the date of the loan.^ , PROVISIONS AS TO SALE OF BUILDING MATERIALS. 23. — Subject to any conditions prescribed by the Local Govern- ment Board * with the consent of the Treasury, any bricks or other building materials which have been acquired by a Government Department for the purpose of the erection or improvement of houses for the working classes, may during a period of five years from the passing of this Act be sold to any person who undertakes to use the NOTES TO SECTION 22. 1 Local authority within the meaning of Part III. See First Schedule to the principal Act, and as regards London, section 41 of this Act. • - The text of the first clause of the section aiid of the second clause seem inconsistent. The first clause apparently permits the local authority to advance the loan on being satisfied that " after the works are carried out the house or building would be in all respects fit for habitation." The second clause forbids them to make the loan until the works in respect of which the loan is made " have been carried out." 3 Compare the definition of a private person to whom the Public Works Lo.ins Commissioners may make loans contained in section 67 (1) (b) of the Act of 1890. NOTE TO SECTION 23. 1 For "Local Government Board " now read "Ministry of Health." ■ See Note 3 to section 1 26 HOUSING, TOWN PLANNING, ETC., ACT, 1919. same forthwith for the purpose of erecting or improving houses for the working classes and to comply with the said conditions at a price sufficient to cover the cost of replacement at the time of sale of the materials so sold. Relaxation of Bye laws. RELAXATION OF BYE-LAWS. 24. — (1) Where in pursuance of a housing scheme to which this section applies new buildings are constructed, or public streets and roads are laid out and constructed, in accordance with plans and specifications approved by the Local Government Board,* the pro- visions of any building bye-laws ^ -shall not apply to the new buildings and new streets ^ constructed and laid out in pursuance of the scheme so far as those provisions are inconsistent with the plans and specifications approved by the Local Government Board, and, notwithstanding the provisions of any other Act, any street laid out and constructed in aoccordance with such plans and specifications may be taken over and thereafter maintained by the local authority : Provided that, as regards the administrative county of London, the Board shall not approve any plans and specifications inconsistent with the provisions of any building bye-laws in force in the county except after consultation with the London County Council on the general question of the relaxation of such provisions in connection with housing schemes. (2) Where the Local Government Board * have approved plans and specifications which in certain respects are inconsistent with the provisions of any building bye-laws in force in the district * in which the works are to be executed, any proposals foj; the erection therein of houses and the laying out and construction of new streets which do not form part of a housing scheme to which this section applies may, notwithstanding those provisions, be carried out if the local authority or, on appeal, the Local Government Board * are satisfied that they will involve departures from such provisions only to the like extent as in the case of the plans and specifications so approved, and that, where such plans and specifications have been approved subject to any conditions, the like conditions will be complied with in the case of proposals to which this sub-section applies : Provided that, in the application of this sub-section to the ad- minisfyative county of London, the expression "local authority" means the London County Council with respect to the matters with- in their jurisdiction and the Common Council of the City of London NOTES TO SECTION 24. 1 For ' Local Government Board " now rear than within the area or its vicinity, and provided that the local authority might apply for dispensation on the ground of special local circumstance. Section 11 (2) provided for the rest of the country, and its terms are now made general and extended to London. NOTE TO SECTION 34. 1 For " Local Government Board " now read " Ministry of Health." See Note 3 to section 1. 36 HOUSING, TOWN PLANNING, ETC., ACT, 1919. of which is required by them for the purpose of exercising their powers under the Housing Acts or under any. scheme made under those Acts. COMPENSATION IN CASES OF SUBSIDENCE. • 36. Notwithstanding anything in section fifty of the Brine Pump- ing (Compensation for Subsidence) Act, 1891 [54 & 55 Vict. c. 40], a local authority or county council shall be entitled to compensation iff accordance with the provisions of that Act in respect of any injury or damage to any houses belonging to such local authority or council, and provided under a housing scheme towards the losses on which the Local Government Board is liable to contribute under this Act.. APPLICATION OF ACT TO NEW FOREST. 37. The provision of houses under the Housing Acts shall be deemed to be a local sanitary requirement for the purpose of the New Forest (Sale of Lands for Public Purposes) Act, 1902 [1 Edw. 7. c. cxcviii. Local and Private). Provided that the total area of land being part of the New Forest which may be sold or let for the provision of houses shall not exceed 30 acres. EXTENSION OF POWERS OF COMMISSIONERS OF WOODS. ■ 38. The Commissioners of Woods may under and in accordance with the provisions of the Crown Lands Acts, 1829 to 1906, sell or let to a local authority for the purposes of Part III. of the principal Act any part of the land described on the duplicate plans which NOTE TO SECTION 35. Section 1 (3) of the Increase of Rent and Mortgage Interest (War Restric- tions) Act, 1915, provides: "No order for the recovery of a dwelling-house to which this Act applies or for the ejectment of a tenant therefrom shall be made" so long as the tenant continues to pay rent at the agreed rate as modified by the Acts and performs the other conditions of his tenancies except under circumstances specified by the Acts. Section 17 of the Act of 1909 deals with the duties of a local authority with reference to closing orders. The case of a superior landlord requiring possession under section 30 of this Act does not require special exemption under section 35 from the Increase of Rent and Mortgage Interest (War Restrictions) Acts. The court terminates the lease, and the tenant thereupon becomes a traspasser if he holds over. NOTE TO SECTION 36. , » Section 50 of the Brine Pumping (Compensation for Subsidence) Act, 1891, reads: "Nothing in this Act shall entitle the foUoiwing persons or bodies of persons to compensation from any compensation board, namely : — (1) Any railway or canal company: Provided always, that a railway or canal company shall be entitled to compensation in respect of buildings or other property which are not in connection with the railway or canal, and p are not used for the purposes of traffic thefe?;n. (2) Any gas or water ■ *»• company. (3) Any county council, or municipal corporation. (4) Any / sanitary, higTiway or other loca.l authority. (5) Any brine pumper. (G) Any owner of land who receives brine rents, royalties for ealt, or other remunera- I tion or consideration in reppect of such works. (8) The trustees of the River Weaver Navigation. Except as provided by this Act no action or other proceedings shall be commenced ox taken for or in respect of any damage or injury for which compenaation has been claimed under this A.ot " HOUSING, TOWN PLANNING, ETC., ACT, 1919, 37 have been deposited with the Clerk of Parliaments and the Clerk of the House of Commons notwithstanding that such land may be part or parcel of a royal park/ if the Local Government Board,^ after holding a local inquiry, are satisfied that the acquisition of tht land by the local authority for such purposes as aforesaid is desir- able in the national interest. PKOCEDURE AND MINOR AMENDMENTS OF HOUSING ACTS. 39. — (1) The amendments specified in the second column of the Second Schedule to this Act (which relate to procedure under Part I. and Part II. of the principal Act and to minor details) shall be made in the provisions of the principal Act the Housing of the Working Classes Act, 1903 [3 Edw. 7. c. 39] and the Housing, Town Planning, &c., Act, 1909, specified in the first column of that schedule. (2) Sections fourteen and fifteen of the Housing, Town Planning, &c.. Act, 1909, shall be deemed to be part of Part II. of the principal Act. CONSTRUCTION. 40. — This Part of this Act shall be construed as one with the principal Act, and any provisions of this Part of this Act which supersede or amend any provisions of the principal Act shall be deemed to be part of that Part of the principal Act in which pro- visions superseded or amended are contained, and references in this Part of this Act to the principal Act or to any provision of the principal Act shall be construed as references to that Act or pro- vision as amended by any subsequent enactment, including this Part of this Act ; In this Part of this Act — The expression "houses for the working classes " has the same meaning as the expression "lodging-houses for the Working classes" ha.s in the principal Act ;^ The expression "sale" includes sale in consideration of an annual rentcharge, and the expression "sell" has a corresponding meaning ; The expression "public utility society" means a society registered under the Industrial and Provident Societies Acts, 1893 to NOTES TO SECTION 38. 1 For, the saving of Royal Parks from housing and town-planning scliemes, see section 74, Act of 1909. -For "Local Government Board" now read "Ministry of Health." See Note 3 to section 1. NOTES TO SECTION 40. 1 " The expression ' lodging houses for the working classes, when used in this part of this Act, shall include separate houses or cottages for the work- ing classes, whether containing one or several tenements, and the purposes of this part of this Act shall include the provision of such houses and cottages (section 53 (1) of the Act of 1890). "The expression 'cottage' in this Part of this Act may include a garden of not more than one acre " (section 53 (2) of the Act of 1890, as amended by section 50 of the Act of 383,317 : 38 HOUSING, TOWN PLANNING, ETC., ACT, 1919. 1913, the rules whereof prohibit the payment of any interest or dividend at a rate exceeding six per cent, per annum ;^ The expression " housing trust" means a corporation or body of persons which, by the terms of its constituent instrument, is required to devote the whole of its funds, including any sur- plus which may arise from its operations, to the provision of houses for persons the majority of whom are in fact members of the working classes, and to other purposes incidental thereto ; ^ The expression "building bye-laws" includes bye-laws made by any local authority under section one hundred and fifty-seven of the Public Health Act, 1875, as amended by any subsequent enactment, with respect to new buildings including the drain- age thereof and new streets, and any enactments in any local Acts dealing with the construction and drainage of new build- ings and the laying out and construction of new streets and any bye-laws made with respect to such matters under any such local Act, APPLICATION TO LONDON OF CERTAIN PROVISIONS OF THE HOUSING ACTS. 41. — (1) For the purposes of the application of Part III. of the principal Act to the county of London — (a) the London County Council shall be the local authority for the county, to the exclusion of any other authority, so far^ as regards the provision of any houses outside the adminis- trative county of London ; ^ (b) the council of a metropolitan borough shall be the local authority for the metrojaolitan borough, to the exclusion of any other authority, so far as regards the provision of houses within the metropolitan borough f Provided — (i.) that nothing in this section shall prejudice or affect the rights, powers and privileges of the London County Council in regard to any lands, buildings or works acquired, provided or carried out by the County Council before the date of the passing of this Act ; and (ii.) that where the London County Council are satis- fied that there is situate within the area of a metro- politan borough land suitable for development for hous- ing, the county council may submit a scheme for the - This definition is taken from section 4 (2) of tbe Act of 1909 (repealed by the Fifth Schedivle to this Act) with the .substitution of " six per cent, per annxim " for "five pounds per centum per annum." NOTES TO SECTION 41. 1 Under isection 1 of the Act of 1900 a council, other than a rural district council, may for supplying tbe needs of their district, establish, or acquire lodging houses for the working classes under Part III. of the 'Act of 1890 ^outside their district. 2 One iwetropolitarL borough may also acquire land in another metropolitan borough under section 41 (1) (a) of this Act, and section 1 of the Act of 1900. The. effect of clauses (a) and (b) is that the county council and each metropolitan borough council have concurrent authority for the acquisition of land in another metropolitan borough area. HOUSING, TOWN PLANNING, ETC., ACT, 1919. 39 approval of the Local Government Board for the develop- ment of such land to meet the needs of districts situate outside the area of such borough, and the country council may carry into effect any scheme vi^hich is so approved, and such approval shall have the like effect as if it had been given under section one of this Act ; (c) the Local Government Board ^ may by order direct that any of the powers or duties of the council of a metropolitan borough under Part III. of the principal Act shall be transferred to the London County Council, or that any of the powers or duties of the London County Council under Part III. of the principal Act shall be transferred to the council of a metro- politan borough. (2) Any loss which may be incurred by the council of a metro- politan borough in carrying out a scheme to which section seven of this Act applies shall be repaid to them by the London County Council, and any payments so made by the London County Council shall be deemed to have been made as part of the expenses incurred by them in carrying out a scheme to which that section applies. (3) The London County Council and the Common Council of the City of , London may at any time enter into an agreement for carrying out any scheme for the purposes of Part I. or Part III. of the principal Act, and for the apportionment of the expenses in- curred in carrying out such scheme, and, if the scheme is a scheme to which section seven of this Act applies, any payments made under such apportionment by the county council and the common council shall be deemed to have been made as part of the expenses incurred in carrying out a scheme to which that section applies. PART II. N Town Planning. removal of necessity to obtain previous authorisation of local government board to preparation or adoption of town planning scheme. 42. It shall not be necessary for a local authority to obtain the authority of the Local Government Board ^ to prepare or adopt a town planning scheme,' and accordingly for sub-section (2) of section fifty-four of the Housing, Town Planning, &c., Act, 1909, (hereinafter referred to as the Act of 1909), the following provision shall be substituted : — • " (2) A local authority within the meaning of this Part of this Act^ niay by resolut;ion decide — "(a) to prepare a town planning scheme -with reference 3 For ■' Local Government Boarli " now read " Ministry of Health." See Note 3 to section 1. NOTES TO SECTION 42. 1 For "Local Government Board" now read "Ministry of Health." See Note 3 to section 1. 2 For the contents of town-planning schemes see .section 55 of the Act of 1909. s A local authority within the meaning of Part II. (Town Planning) of the Act of 1909 is the council of any borough or urban or rural district (sec- tion 65 (1) of the Act of 1909. 40 HOUSING, TOWN PLANNING, ETC., ACT, 1919. to any land * Avithin or in the neighbourhood of their area in regard to which a scheme may be made under this Act ; or ' ' (b) to adopt, with or without any modifications, any town planning scheme proposed by all or any of the owners of any land with respect to which the local autho- rity are themselves by this Act authorised to prepare a scheme : ' ' Provided that — " (i.) if any such resolution of a local authority extends to land not within the area of that local authority, the resolution • shall not have effect until it is approved by the Local Government Board,' and the Board may, in giving their approval, vary the extent of the land to be included within the area of the proposed town planning scheme ; and * " (ii.) where any local authorities are desirous of acting jointly in the preparation or adoption of a town planning scheme, they may concur in appointing out of their respective bodies a joint committee for the purpose, and in confer- ring with or without restrictions on any such committee any powers which the appointing councils might exei'cise for the purpose, and the provisions of sections fifty-seven and fifty-eight of the Local Government Act, 1894, in regard to joint committees, shall, with the necessary modi- fications, apply to any joint committee so appointed."* EXTENSION OF POWER TO MAKE REGULATIONS AS TO' PROCEDURE. 43. — (1) The power of the Local Government Board of making re- gulations under section fifty-six of the Act of 1909 shall include power to make regulations as to the procedure consequent on the passing of a resolution by a local authority to prepare or adopt a town planning. scheme, and pi'ovision shall be made by those regula- tions for securing that a local authority after passing such a resolu- tion shall proceed with all reasonable speed with the preparation or adoption of the tov/n planning scheme, and shall comply with any regulations as to steps to be taken, for that purpose, including pro- visions enabling the Local Government Board in the case of default or dilatoriness on the part of the local authority to act in the place and at the expense of the local authority. (2) Sub-section (2) of secti(m fifty six of the Act of 1909 shall have effect as if the following paragraph were added thereto : — "For securing that the council of the county in which any land proposed to be included in a town planning scheme is situated (1) shall be furnished with a notice of any proposal to prepare or ■• Land in respect of which a town-planning scheme may be made is defined in section 54 (1) of the Act of 1919, amended by the Third Schedule to this Act. 5 As to the responsible authority for enforcing the execution of works under a scheme when the land is in the area of more than one authority or IB in the area of an authority other than the authority preparing the scheme, eee section 54 (3) of the Act of 1909. * See also sprtion rA fm of the Act of 1909. HOUSING, TOWN PLANNINO, ETC., ACT, 1919. 41 adopt such a scheme and with a copy of the draft scheme before the scheme is made, and (2) shall be entitled to be heard at any public local inquiry held by the Local Government Board in regard to the scheme." REPEAL OF PROVISOES TO SS. 54 (4) & 55 (2) OF 9 EDW. 7, C. 44. 44. The proviso to subsection (4) of section fifty-four and the proviso to_ sub-section (2) of section fifty-five of the Act of 1909 (v?hich provisoes relate to the publication and laying before Parlia- ment of town planning schemes) are hereby repealed. POWER TO PERMIT DEVELOPMENT OF ESTATES PENDING PREPARATION AND APPROVAL OF TOWN PLANNING SCHEMES. 45. The Local Government Board ^ may by special or general order provide that where a resolution to prepare or adopt a town plan- ning scheme has been passed, or where before the passing of this Act the preparation or adoption of a town planning scheme has been authorised, the development of estates and building operations may be permitted to proceed pending the preparation or adoption and approval of the town planning scheme, subject to such conditions as may be prescribed by the order, and where such permission has been given the pi»ovisions of sub-section (2) of section fifty-eight of the Act of 1909 which relates to the rights of compensation shall have effect as if the following proviso were added thereto : " Provided also that this provision shall not apply as respects any building erected, contract made, or other thing done in accordance with a permission granted in pursuance of an order of the Local Government Board allowing the development of estates and building operations to proceed pending the prepara- tion or adoption and approval of the scheme, and the carrying out of works so permitted shall not prejudice any claim of any person to compensation in respect of property injuriously affected by the making of the scheme." NOTE TO SECTION 43. For "Local Government Board" now read " Ministry of Health." See Note 3, section 1. NOTE TO SECTION 44. Section 56. Act of 1909, is given -post. Under the proviso to section 54 (4) of the Act of 1909 the Ministry of Health were required to publish notice in the London or Edinburgh Gazette of their intention to approve a town- planning scheme, and to lay the draft of the order approving the scheme before each House of Parliament for 30 days. If within the 30 days either House presented a petition to the Crown against the draft, or any part thereof, no further proceedings could be taken, without prejudice to the making of any new draft scheme. Under the proviso to section 55 (2) of the Act of 1909, a draft of any scheme which contained provisions suspending any enactment contained in a public general Act was required to be laid before both Houses of Parliament for forty dayf . ^ NOTE TO SECTION 45. 1 For ■■ Local Government Board now read " Ministry of Health." See Note 3 to section 1. Section 58 of the Act of 1909 will be found fast. 42 HOUSING, TOWN PLANNING, ETC., ACT, 1919. PREPARATION OF TOWN PLANNING SCHEMES. 46. — (1) The council of every borough or other urban district con- taining on the first day of January nineteen hundred and twenty- three a population according to the last census for the time being of more than twenty thousand shall, within three years after that date, prepare and submit to the Local Government Board a town planning scheme in respect of all land \^ithin the borough or urban district in respect of which a town planning scheme may be made under the Act of 1909. (2) Without prejudice to the powers of the council under the Act -^f 1909, every scheme to which this section applies shall deal with such matters as may be determined by regulations to be made by the Local Government Board. ^ * (3) Every regulation so made shall be laid before both Houses of Parliament as soon as may be after it is made, and, if an address is presented by either House within twenty-one days on which that House has sat next after any such regulatidii is laid before it pray- ing that the regulation may be annulled, His Majesty in Council may annul the regulation, but without prejudice to the validity of anything previously done thereunder. POWER OF LOCAL GOVER*NMENT BOARD TO REQUIRE TOWN PLANNING . SCHEME. « 47. — (1) Whei-e the Local Government Board ^ are satisfied after holding a public local inquiry that a town planning scheme ought to be made by a local authority as respects any land in regard to which a town planning scheme may be made under the Act of 1909, the Board may by order require the local authority to prepare and submit for their approval such a scheme, and, if the scheme is approved by the Board, to do all things necessary for enforcing the observance of the scheme or any provisiDns thereof effectively, and for executing any works which, under the scheme or under Part II. of the Act of 1909, the authority are required to execute.^ (2) Any order made by the Local Government Board under this section 'shall have the same effect as a resolution of the local authority deciding to prepare a town planning scheme in respect of the area in regard to which the order is made. (3) If the local authority fail to prepare a scheme to the satis- faction of the Board within such time as may be prescribed by the order, or to enforce the observance of the scheme or any provisions thereof effectively, or to execute any such works as aforesaid, the Board may themselves act, or in the case of a borough or other urban district the population of which is less than 20,000, or of a NOTE TO SECTION 46. 1 No regulations have at tVie time of publication of this handbook been determined by the Ministry. For " Local Government Board " now read " Ministry of Health." See Note 3 to section 1. NOTE TO SECTION 47. ' IjQcal Government Board, now Ministry of Health ; see Note 3, sect. 1. 2 Compare section 61 of the Act of 1909. Under that section the Ministry cannot act without representation and must hold a public local inquiry. A town-planninc; scheme, when approved, has statutory force (section 65 (1) of the Act of 1909). HOUSING, TOWN PLAl^NING, ETC., ACT, 1919. 43 rural district, may, if the Board think fit, by order, empower the county council to act in the place and at the expense of the local authority. CONSEQUENTIAL AND MINOR AMENDMENTS. 48. The amendments specified in the second column of the Third Schedule to this Act (which relate to consequential and minor matters) shall be made in the provisions of Part II. of the Act of 1909 mentioned in the first column of that schedule. PART III. Acquisition of Small Dwellings, amendment of 62 & 63 vict. c. 44. 49. ITie following amendments shall be made in the Small Dwell- ings Acquisition Act, 1899 : — (a) In sub-section (1) of section one "eight hundred pounds" shall be substituted for "four hundred pounds" as the limit on the market falue of houses in respect of which advances may be made : (b) In paragraph (a) sub-section (1) of section one "eighty-five per cent." shall be substituted for "four-fifths" with respect to the limitation on the amount which may be advanced : (c) Paragraph (b) of sub-section (1) of section one shall be re- pealed : (d) A receipt under seal in. the form set out in Part I. of the Fourth Schedule to this Act (with such variations and addi- .tions (if any) as may be thought expedient) endorsed on, or written at the foot of, or annexed to, a mortgage for money advanced under the Act which states the name of the person who pays the money and- is executed by a local authority shall, without any re-conveyance, re-assignment or release, operate as a discharge of the mortgaged property frpm all I'rincipal money and interest secured by, and from all claims under the mortgage, and shall have such further operation as . ' is specified in Part II. of that schedule : Provided that — (a) nothing in this provision shall affect the right of any person to require the re-conveyance, re-assignment, surrender, release, or transfer to be executed in lieu of a receipt ; and (b) the receipt shall not be liable to stamp duty and shall be granted free of cost to the person who pays the money. NOTE TO SECTION 49. The Small Dwellings Acquisition Act, 1899, allowed a local authority to advance money to a resident in any house within the area to enable him to acquire the ownership of that house. The advance must not exceed four- fifths (now made eighty-five per cent.) of the market value of the owner- ship ; an-d the advance also must not be made for the acquisition of the ownership of a house where the market value of the house exceeds £400 44 HOUSING, TOWN PLANNING; ETC., ACT, 1919. PART IV. ' General. REPEALS. 50. — The enactments specified in the Fifth Schedule to this Act are hereby repealed to the extent specified in the third, column of that schedule. EXTENT. 51.— This Act shall not extend to Scotland or Ireland. SHORT TITLE. 52. — (1) This Act may be cited as the Housing, Town Planning, &c., Act, 1919. (2) The Housing of the Working Classes Acts, 1890 to 1909, and this Act so far as it amends those Acts may be cited together as the Hoasing Acts, 1890 to 1919, and are in this Act referred to as the "Housing Acts." (3) Part II. of the Housing, Town Planning, &c., Act, 1909, and Part II. of this Act may be cited together as the Town Planning Acts, 1909 and 1919. (4) The Small Dwellings Acquisition Act, 1899,. and Part III. of this Act may be cited together as the Small Dwellings Acquisition Acts, 1899 and 1919. (now raised to £800). The period for repayment must not exceed 30 years, the interest must not exceed ten shillings the rate at which the local authority can at the time borrow from the Public Works Loan Commis- sioners the money for the advance, the repayment may be made either by eaual instalments of principal or by an annuity of principal and interest combined, and may be made weekly or at siich periods not exceeding half-a- year as may be agreed. The proprietor may at any quarter day after a month's notice pay off the advance, or any part in £10 and multiples of £10. Section 1 (1) (b) of the Act, repealed by section 49 (b) of this Act, prohibited an advance exceeding in amount £240,, or £300 in case of a fee simple or leasehold of not less than 99 years unexpired at the date of the purcha/se. SCHEDULES. FIRST SCHEDULE. Rules for determining the Amount of Reduction of Compensation. (a) The value of the whole of the land included in the scheme shall first be ascertained on the basi3 of its value as a cleared site available for development in accordance with the requirements of the building by-laws in force in the district. (b) The value of the whole of the said land shall next be ascertained on the basis of its value as a cleared site subject to the requirements of the scheme as to the provision to be made for the re-housing of persons of the working claasea or the laying-out of open spaces on the land or any part thereof. (c) The difierence between the amounts ascertained under paragraph (a) and paragraph (b) shall then be computed. (d) The amount by which the compensation payable for the respective in- terests in the land to which section nine of this Act applies, as ascertained in accordance with the principle laid down in that section, is to be reduced shall be a fraction thereof equal to the amount arrived at under paragraph (c> when divided by the amount arrived at under paragraph (a). SECOND SCHEDULE. Amendments as to Procedure under Part I. and Part II. of the principal Act and Minor Amendments of the Housing Acts. Enactment to be amended. Nature of Amendment. Housing of the Working Classes Act, 1890 (53 and 54 Vict. c. 70) : 8. 5 C2) 8. 6 (3) ». 12 (6) For the words "two or more justices" there shall be substituted the words " any justice," and for the word " twelve" there shall be substituted the word " six." For the words " the person entitled to the first estate of freehold in any property comprised m the scheme, or with the concurrence of such per- son " there shall be substituted the words " any person having such interest in any property com- prised in the scheme as may be sufficient to en- able him to carry out and effect the same." For the words " the person entitled to the first estate of freehold in any land comprised in an improvement scheme" there shall be substituted the words " any person having such interest in any land comprised in an improvement scheme aa may be sufficient to enable him to carry out and eflfect the same," 46 HOUSING, TOWN PLANNING, ETC., ACT, 1919. Enactment to be amended. Nature of Amendment. Housing of the Working Classes Act. 1890 (53 and 54 Vict. c. 70) : 3. 7 7 (a) 6. 7 (b) fl. 8 (5) 8. 12 (1) s. 14 8. 16 (1) 5. 3] (1) 31 (2) m. 38 (2) e. 45 II) a. 57 (3) After the words "the local authority shall " there shall be inserted the vrorA '" forthwith." The words " during three consecutive weeks in the month of September or October or -^ovember " shall be omitted. Substitute " a " for " some one and the same." The words "during the month next following the month in which such advertisement is published " shall be omitted. After " occupier " there shall be inserted " (except tenants for a month or a less period than a month)." For the word " copy " there shall be substituted the word " notice." ^he words " except tenants for a month or a less period than a month " shall be omitted. At end there shall be inserted the words " provided that the Local Authority shall not be required to acquire any leasehold interest in any property comprised in a scheme which can be allowed to expire without unduly delaying the execution of the scheme." Tiie whole section shall be omitted. VuT the words "twelve or more ratepayers have complained " there shall be substituted the words ''complaint has been made," and after the word "district " there shall be inserted the words " by .'.ny person or persons competent under the fore- going provisions of this part of this Act to make ~-uch complaint," and for the word " ratepayers" there shall be substituted the word " complainant or complainants, as the case may be." For the words from " and ujwn " to " the confirm- ing authority shall " there shall be svbstituted the words " and the confirming authority may." j'or the words "in any district any four or more householders living in or near to any street " there shall be substituted the words " any justice of the peace acting for a district, or any four or more householders in a district," and the words " in or near that street " shall be omitted. Before the word " householders " there shall be in- serted the words " justice of the peace or " Before the ■words " any four or more inhabitant householders of " there shall be inserted the words '■ any justice of the peace acting for a district. After the words " where the medical officer of health" there shall be inserted the words "in- spector of nuisances or other officer of the district authority." The words " if not a rural sanitary authority " and the words " and if a rural sanitary authority with ♦he consent of the county council of the county in which the land is situate " ehall be omitted. HOUSING, TOWN PLANNING, ETC., ACT, 1919. 47 Enactment to be amended. Nature of Amendment. Housing cf the Working Classes Act, 1890 (53 and 54 Vict. c. 70) : s. 81 First Schedule Second Schedule- Paragraph (1) Paragraph (4) Paragraph (6) Paragraph (7) Paragraph (8) Paragraph (9) Paragraph (10) The word " or " shall be inserted before the words "to make any rd,te." The words "out cf their own number," and the words " or to enter into any contract " shall be omitted. After the words '' provided that a committee so appointed shall" there shall be inserted the words " consist as to a majority of its 'members of members of the ap- pointing local authority, and shall." For the words " The Commissioners of Sewers " there shall be substituted " The Common Coun- cil," and for the words " The sewer rate and the , consolidated rate levied by such Commissioners, or either of such rates," there shall be substituted the words " The General Rat-e." For the words " as soon as practicable after the passing of the confirming Act" there shall be substituted the word? " before making an appli cation for the appointment of an arbitrator as hereinafter mentioned." After the word " occupiers " there shall be inserted the words "except terfttnts for a month or a lese per:ol than a month." For the words "has not been" there shall be sub- stituted the words " is not." For the words beginning " and the local authority shall publish " to the end of the paragraph there shall be substituted the words " Before applying to the arbitrator to determine the compensation in respect of any particular lands or interest there- in, the local authority shall send a notice by post of their intention to the owners or reputed owners, lessees or reputed lessees, so far as they can be reasoiHibly ascertained." The words from " shall ascertain " to " willing to pay; and" shall be omitted, and for the worda " he shall proceed " there shall be substituted the words " shall profteed." The words " by causing such notice to be published or otherwise in such manner as he thinks advis- able " and the words " in disputed cases as to the amount of compensation to be paid " shall be omitted. The words " (subject to the provisions concerning an appeal hereinafter contained) " shall be omitted. For the words from "and the local authority shall thereupon " to the end of the paragraph there shall be inserted the words " The title in the cape of a person claiming a fee simple interest in aiiy lands included in any such award as aforesaid shall commence twenty years previous to the date of the claim except there has been an absolute conveyance on sale within twenty years and more than ten years previous to the claim when the title shall commence with such conveyance. Pro- vided that the local authority shall not be pre- vented if they think fit from reauiring at their own expense any further abstract or evidence of title respecting any lands included in any such award as aforesaid in addition to the title herein- before mentioned," _ 48 HOUSINa, TOWN PLANNING, ETC., ACT, 1919. Enactment to be amended. Nature of Amendment. Housing of the Work'ng Classes Act. 1890 (53 and 54 Vict. c. 70) : Paragraph (12) - Paragraph (]4) Paragraphs (22), (26) and (27). Paragraph (29) (1) (c). Paragraph (30) Paragraph (32) Housing of the Working Classes Act, 1903 (3 Edw. 7, c. 39) : s. 4 (2) Housing, Town Plan- ning, &c.. Act, 1909 (9 Edw. 7, c. 44)": 8. 17 (3) s. 17 (4) fi. 17 (7) 6. 18 (3) s. 18 (4) s. 39 (1) (T) 69 -6 The words from " The local authority, or any person interested " to the end of the paragraph shall be omitted. For the words "such statement and abstract as aforesaid " there shall be' substituted the words " a statement in writing by any person claiming any right to, or interest in, the lands and an abstract of title on which the same is founded." These paragraphs shall be omitted. For the words " before the appointment of the arbi- trator " there shall be substituted the words " not less than 14 days before the date of the arbitra- tion in that particular case." After the word " documents " there shall be inserted the words " other than aiiy formal offer made by the local authority." Substitute "a" for "someone and the same." For the word " twelve " in both places where the word "twelve" occurs there shall be eubstituted the word " six." For the word " order," where it last occurs, shall be substituted the word " notice." For the words " every occupying tenant " shall be substituted the words " the occupier." After the words " nearest to the room " insert the words " or more than three feet below the surface of any ground within nine feet of the room." At the end the following words shall be inserted : " and if and when the necessary works are com- pleted to their satisfaction, the local authority shall determine the closing and demolition orders relating to the " dwelling-house." For the word " order," where it last occurs, shall be substituted tke word " notice " : and at the end of the sub-section the following words shall be inserted: " or where the operation of the order has been postponed for any period within four- teen days after the expiration of that period." At the end of the proviso (b) the following words shall be inserted: "unless the appellant fails to prosecute his appeal with due diligCTice." For the words " or information " shall be substi- tuted the words " information or closing order." HOUSING, TOWN PLANNING, ETC., ACT, 1919. 49 THIRD SCHEDULE. Minor and Consequential Amendments of the Provisions as to Town Planning. Enactment to be amended. Nature of Amendment. Housing, Town Plan- ning, &c., Act, 1909 (9 Edw. 7, c. 44) : Section 54 - - - Section 56 Section 58 Section 59 Section 65 Fourth Schedule Fifth Schedule At the end of sub-section (1) the following proviso j shall be inserted : — ' " Provided that where a piece of land already built upon or a piece of land not likely to be used for building purposes is so situate with respect to any land likely to be used for building purposes that the general object of the scheme would be better secured by its inclusion in any town-plan- ning scheme made with respect to the la«t-men- tioned land, the scheme may include such piece of land as aforesaid, and may provide for the demoli- tion or alteration of any buildings thereon so far as may be necessary for carrying the scheme into effect." Sub-section (3) shall be omitted. In sub-section (1) for the yrords " applications for authority to prepare or adopt a town-planning scheme, the preparation of the scheme " there shall be substituted the words " the preparation OT adoption of a town-planning scheme," and after the word " adopted " there shall be inserted the words " the variation or revocation of a scheme," and after the words " the provisions thereof " there shall be inserted the words " or the varia- tion or revocation of tht scheme." ~ ■ In paragraph (a) of sub-section (2) for the words " at every stags of the proceedings, by means of conferences and such other means" there shall be substituted the words " by such means." In sub-section ^2) for the words " time at which the application for authority to prepare the schenie was made " there shall be substituted the words " date of the resolution of the local authority to prepare or adopt the scheme or after the date when such resolution takes effect aa the case may be" and for the' words ''the application was made" there shall be substituted the words " such date or other time as aforesaid." In sub-section (2) the words " with a view to secur- ing the amenity of the area included in the scheme or any part thereof " shall be omitted. In sub-section (2) after the words "made there- under" where they secondly occur there shall be inserted the words " including the^cost of the preparation or adoption of a scheme." In paragraph (18t the words " by means of confer- ences, &c." shall be omitted. In paragraph (1) for the words " and for the pur- po.se of an application for authority to prepare or adopt " there shall be substituted the words " the preparation or adoption of," and for the '^^orc's " Submission of plans and estimates " there shall be substituted the words " Preparation and de- posit of plans." 50 HOUSING, TOWN PLANNING, ETC., ACT, 1919. FOURTH SCHEDULE. PART I. Form of Endorsed Receipt. The local authority of hereby acknowledge that they have this day of , 19 , received the sum of £ representing the [aggregate] [balance remaining owing in respect of the] principal money secured by the within [above] written [annexed] mortgage [and by an indenture of further charge dated, &c., or otherwise as required] together with all interest and costs, ihe payment having been made by of [&c.] and of [&c.] out of money in their hands properly applicable for the discharge of the mortgage [or otherwise as required]. ' In witness, &c. PART II. Effect of Endorsed Receipt. (1) Any such receipt shall operate— (a) In the case of land in fee simple comprised in the mortgage, as a conveyance or re-conveyance (as the case may be) of the land to the person (if any) who immediately before the execution of the receipt was entitled in fee simple to the equity of redemption, or otherwise to the mortgagor in fee -simple to the uses (if any) upon the trusts subject to the powers and provisions which at that time are subsisting or capable of taking eifect with respect to the equity of redemption or to uses (if any) which correspond as nearly as may be with the limitations then affecting the equity of redemption; (b) In the case of other property, as an assignment or re-assignment (as the case may be) thereof to the extent of the interest which is the subject-matter of the mortgage, to the person who immediately before the execution of the receipt was entitled to the equity of redemption : Provided tBat (except as hereinafter mentioned) where, by the receipt, the money appears to have been paid by a person who is not entitled to the imme- diate equity of redemption, then, unless it is otherwise expressly provided, the receipt shall operate as if the mortgage had been a statutory mortgage and the benefit thereof had, by deed expressed to be made by way of statutory transfer of mortgage, been transferred to him; but this provision shall not apply where the morteoge is paid oS out of capital money, or other money in the hands of a personiil representative or trustee properly applicable for the discharge of the mortgage, unless it is expressly provided that the receipt is to operate as a transfer. (1) Nothing in this schedule shall confer on a mortgagor a right to keep alive a mortgage, paid off by him, so as to aSect prejudicially any subsequent incurabr;incer; and where there is no right to keep the mortgage alive, the receipt shall not operate as a transfer. (3) In any such receipt the same covenants shall be implied as if the person who executes the receipt had by deed been expressed to convey the property as mortgagee. (4) Where a mortgage consists of a mortgage and a further charge or of more than one <]eed, it shall be sufficient if the receipt refers either to all the deeds whereby the mortgage money is secured or to the aggregate amount of the mortgage mciney thereby secured and is endorsed on, written at the foot of, or annexed to, one of the mortgage deeds. (5) In this schedule the expressions " mortgage," " mortgage money,"*" mort- gagor " and ■ irortgagee" have the same meanings as in the Conveyancing Act, 1881 [44 & 45 Vict. c. 41]. HOUSING, TOWN PLANNING, ETC., ACT, 1919. 51 FIFTH SCHEDULE. Enactments Repealed. Session and Chapter. Short Title. Extent of Repeal. 53 & 54 Vict, c. 70. G3 & G4 . 59. Vict. 3 Edw. 7. c. 39 9 Edw. 7. c. 44 The Housing of the Working Classes Act, 1890. The Housing of the Working Classes Act, 1900. The Housing of the Working Classes Act, 1903. The Housing. Town Plan- ning, &c.. Act. 1909. Sections fourteen, sixty and sixty-four and sub-section (2) of section fifty-seven. Section five. Sub-section five. (1) of section Sub-section (2) of section four, sections six, 8ixt«en, thirty -two and seventy-two and in the First Schedule tlie paragraph numbered (7). Housing, Town Planning, Etc., Act, 1909, as Amended. [9 Edw. 7. c. 44— 3rd December, 1909.] PART I. Housing of the Working Classes. Facilities for Acquisition of Lands and other Ptirposes of the Housing Acts. 1. Part III. of the Housing of the Working Classes Act, 1890 (in this Part of this Act referred to as the principal Act), shall, after the commencement of this Act, extend to and take effect in .every urban or rural district, or other place for which it has not been adopted, as if it had been so adopted. 2. — (1) A local authority may be authorised to purchase land compulsorily for the purposes of Part III. of the principal Act, by means of an order submitted to the Local Government Board and confirmed by the Board in accordance with the First Schedule to this Act. (2) The procedure under this section for the compulsory purchase of land shall be substituted for the procedure for the same purpose under section one hundred and. seventy-six of the Public Health Act, 1875, as applied by sub-section (1) of section fifty-seven of the prin- cipal Act. (3) A local authority may, with the consent of and subject to any conditions imposed by the Local • Government Board, acquire land by agreement for the purposes of Part III. of the principal Act, notwithstanding that the land is not immediately required for those purposes. 3. Where a loan is made by the Public Works Loan Commissioners to a local authority for any purposes of the Housing Acts — (a) The loan shall be made at the minimum rate allowed for the time being for loans out of the Local Loans Fund; and (b) If the Local Government Board make a recommendation to that effect, the period for which the loan is made by the Public Works Loan Commissioners may exceed the period allowed under the principal Act or under any other Act limit- ing period for which the loan may be made, but the period shall not exceed the period recommended by the Local Government Boai'd, nor in any case eighty years ; and (c) As between loans for diffeient periods, the longer duration of THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 53 the loan shall not be taken as a reason for fixing a higher rate of interest. [Note. — As to " assisted schemes " under the Act of 1919, see section 7 (2) of that Act. As to borrowing for Part I. schemes, see section 25 (5), Act of 1890; for Part II. schemes, section 43, ibid; and Part III. schemes, sec- tion 66, ibid; and, generally, sections 1 and 15, Act of 1903.] 4. — (1) Where a loan is made by the Public Works Loan Commis- sioners under section sixty-seven, sub-section (2) (d), of the principal Act, to k public utility society, the words "two thirds" shall be substituted for the words "one moiety." (2) [Repealed by Fifth Schedule, Act of 1919. For definition of public utility society now see section 40, Act of 1919.] 5. — (1) Any purchase money or compensation payable in pur- suance of the Housing Acts by a local authority in respect of any lands, estate, or interest of another local authority which would but for this section be paid into court in manner provided by the Lands Clauses Acts or by paragraph (20) of the Second Schedule to the principal Act may, if the Local Government Board consent, in- stead of being paid into court, be paid and applied as the Board .determine. (2) Any such decision of the Board as to the payment and appli- cation of any such purchase money or compensation shall be final and conclusive. 6. [Repealed by Sixth Schedule, Act of 1919. See now section 15 of that Act.] 7. — (1) The following paragraph shall be substituted for para- graph (b) of sub-section (1) of section seventy-four of the prin- cipal Act : — , (b) The improvements on which capital money arising under the Settled Land Act, 1882, may be expended, enumerated in section twenty-five of the said Act and referred to in section thirty of the said Act, shall, in addition to cottages for labourers, farm servants, and artisans, whether employed on the settled land or not, include the provision of dwellings available for the working classes, either by means of build- ing new buildings or by means of the reconstruction, en- largement, or improvement of existing buildings, so as to , make them available for the purpose, if that provision of dwellings is, in the opiiiion of the court, not injurious to the estate or is agreed to by the tenant for life and the trustees of the settlement. (2) The provision by a tenant for life, at his own expense, of dwel- lings available for the working classes on any settled land shall not be deemed to be an iniury to any interest in reversion or remainder in that land ; provided that the powers conferred upon a tenant for life by this sub-section shall not be exercised by him without the previous approval in writing of the trustees of the settlement. ■ [Note.— See further section 31, Act of 1919.] 8. A locaL authority may accept a donation of land or money or other property for any of the pui^joses of the Housing Acts, and it shall not be necessary to enrol any assurance with respect to any such property under the Mortmain and Charitable Uses Act, 1888. 54 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 9. — (1) If in any case it appears to the Local Government Board that the institution of legal proceedings is requisite or desirable with respect to any property required to be applied under any trusts for the provision of dwellings available for the workiiig classes, or that the expediting of any such legal proceedings is requisite or desir- able, the Board may certify the case to the Attorney-General, and the Attorney-General, if he thinks fit, shall institute any legal pro- ceedings or intervene in any legal proceedings already instituted in such manner as he thinks proper under the circumstances. (2) Before preparing any scheme with reference to property re- quired to be applied under any trusts for the provision of dwellings available for the working classes, the court or body who are re- sponsible for making the scheme shall communicate with the Local Government Board and receive and consider any recommendations made by the Board with reference to the proposed scheme. Powers of enforcing Execution of Housing Acts. 10. — (1) Where a complaint is made to the Local Government Board — (a) as respects any rural district by the council of the county in which the district is situate, or by the parish council or parish meeting of any parish comprised in the district ; or by any four inhabitant householders of the district ; or (b) as respects any county district, not being a rural district, by the council of the county in which the district is situated, or by four inhabitant householders of the district ; or (c) as respects the area of any other local authority by four inhabi- tant householders of the area ; ' that the local authority have failed to exercise their powers under Part II. or Part III. of the principal Act in cases where those powers ought to have been exercised, the Board may cause a public local inquiry to be held, and if, after holding such an inquiry, the Board are satisfied that there has been such a failure on the part of the local authority, the Board may declare the authority to be in default, and may make an order directing that authority, within a time limited by the order, to carry out such works and do such other things as may be mentioned in the order for the purpose of remedy- ing the default. (2) Before deciding that a local authority have failed to exercise their powers under Part III. of tlie principal Act, the Board shall take into consideration the necessity for further accommodation for the housing of the working classes in such district, the probability that the required arcommodafion will not be otherwise provided, and the other circumstances of the case, and whether, having regard to the liability which will be incurred by the rates, it is prudent for the local authority to undertake the provision of such accommodation. [Note. — Now, however, see section 5, Act of 1919.] (3) Where an order originally made under this section on the council of a county district is not complied with by that council, the Local Government Board may, if they think fit, with the consent of the county council, instead of enforcing that order against tlie council of the county district, make an order directing the county THE iJOUSlisG AND TOWN PLANNING ACTS AS AMENDED. 55 council to carry out any works or do any other things which are mentioned in tho original order for the purposei of remedying the default of the district council. Note.— In case of default under the Act of 1919, the Ministry of Health can require the county council to act in place of any local authority — see section 3, Act of 1919.] (4) Where the Board make an order under this section directing a- county council to carry out any works or do any other thing, the order may, for the purpose of enabling the county council to give effect to the order, apply any of the provisions of the Housing Acts or of section sixty-three of the Local Government Act, 1894, with such modifications or adaptations (if any) as appear necessary or expedient. (5) An order made by the Local Government Board under this section shall be laid before both Houses of Parliament as soon as may be after it is made. (6) Any order made by the Local Government Board under this section may be enforced by mandamus. 11. — (1) Where it appears to the Local Government Board that a local authority have failed to perform their duty under the Housing Acts of carrying out an improvement scheme under Part I. of the principal Act, or have failed to give effect to any order as respects an obstructive building, or to a reconstruction scheme, under Part 11. of that Act, or have failed to cause to be made the inspection of their district required by this Act, the Board may make an order requiring the local authority to remedy the default and to carry out any works or do any other things which are necessary for the purpose under the Housing Acts within a time fixed by the order. (2) Any order made by the Local Government Board under this section may be enforced by mandamus. 12. Where a complaint is made to the council of a county by the parish council or parish meeting of any parish comprised in any rural district in the county, or by any four inhabitant householders of that district, the county council may cause a public local inquiry to be held, and if, after holding such an inquiry, the county council are satisfied that the rural district council have failed to exercise their powers under Part III. of the principal Act in cases where those powers ought to have been exercised, the county council may resolve that the powers of the district council for the purposes of that Part be transferred to the county council with respect either to the whole district or to any parish in the district, and those powers shall be transferred accordingly, and, subject to the provi- sions of this Act, section sixty-three of the Local Government Art, 1894, shall apply as if the powers had been transferred under that Act. 13. — (1) Where the council of a county are of opinion that for any reason it is expedient that the council should exercise, as respects any rural district in the county, any of the powers of a local autho- rity under Part III. of the principal Act, the council, after giving notice to the council of the district of their intention to do so, may apply to the Local Government Board for an order conferring such powers on them. 56 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. (2) Upon such an application being made, the Board may make an order conferring on the county council as respects the rural district all or any of the powers of a local authority under Part III. of the principal Act, and thereupon the provisions of the Housing Acts relating to those powers (including those enabling the Public Works Loan Commissioners to lend, and fixing the terms for which money may be lent and borrowed) shall apply as if the council were a local authority under Part III. of the principal Act : Provided that the expenses incurred by the county council under any such order shall be defrayed as expenses for general county purposes. (3) Where, under any such order, the county council have executed any works in a rural district they may transfer the works to the council of that district on such terms and subject to such conditions as may be agreed between them. Contracts by Landlord. 14. In any contract made after the passing of this Act for letting for habitation a house or part of a house at a rent not exceeding — (a) in the case ^f a house situate in the administrative county of London, forty pounds ; (b) in the case of a house situate in a borough or urban district with a population according to the last census for the time being o5 fifty thousand or upwards, twenty-six pounds ; (c) in the case of a house situate elsewhere, sixteen pounds ; there shall be implied a condition that the house is at the com- mencement of the holding in all respects reasonably fit for human habitation, but the condition aforesaid shall not be implied when a house or part of a house is let for a term of not less than three years upon the terms that it be put by the lessee into a condition reasonably fit for occupation, and the lease is not determinable at the option of either party before the expiration of that term. [Note, — See the provision in eection 75 of the Act of 1890, and ®ee section 12, Act of 1903. Section 14 of this Act is to be deemed part of Part II. of the Act of 1890— see section 39 (2), Act of 1919.] 15. — (1) The last foregoing section shall, as respects contracts to v/hich that section applies, take effect as if the condition implied by that section included an -undertaking that the house shall, during the holding, be kept by the landlord in all respects reasonably fit for human habitation. (2) The landlord or the local authority, or any person authorised by him or them in writing, may at reasonable times of the day, on giving twenty-four hours' notice in writing to the tenant or occu- pier, enter any house, premises, or building to which this section applies for the purpose of viewing the state and condition thereof. (3) If it appears to the local authority within the meaning of Part II. of the principal Act that the undertaking implied by virtue of this section is not complied with in the case of any house to which it applies, the authority shall, if a closing order is not made with respect to the house, by wi'itten notice require the landlord, within a reasonable time, not being less than twenty-one days, specified in the notice as being necessary to make the house in all respects reasonably fit for human habitation. THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 57 (4) Within twenty-one days after the receipt of such notice the landlord may by written notice to the local authority declare his intention of closi/lg the house for human habitation, and thereupon a closing order shall be deemed to have become operative in respect of such house. (5) If the notice given by the local asthority is not complied with, and if the landlord has not given the notice mentioned in the imme- diately preceding sub-section, tl^e authority may, at the expiration of the time specified in the notice given by them to the landlord, do the work required to be 'done and recover the expenses incurred by them in so doing from the landlord as a civil debt in manner provided by the Summary Jurisdiction Acts, or, if they think fit, the authority may by order declare any such expenses to be payable by annual instalments within a period not exceeding that of the interest of the landlord in the house, nor in any case five j'ears, with interest at a rate not exceeding five pounds per cent, per annum, until the whole amount is paid, and any such instalments or in- terest or any part thereof niay be recovered from the landlord as a civil debt in manner provided by the Summary Jurisdiction Acts. (6) A landlord may appeal to the Local Government Board against any notice requiring him to execute works under this section, and against any demand for the recovery of expenses from him under this section or order made with respect to those expenses under this section by the authority, by giving notice of appeal to the Board within twenty-one days after the notice is received, or the demand or order is made, as the case may be, and no proceedings shall be taken in respect of such notice requiring works, order, or demand, whilst the appeal is pending. (7) In this section the expression "landlord " means any person who lets to a t-enant for habitation the house under any contract referred to in this section, and includes his successors in title ; and the expression "house" includes part of a house. (8) Sections forty -nine and fifty of the principal Act as amended by section thirteen of the Housing of the Working Classes Act, 1903 [3 Edw. 7. c. 39] (which relate to the service of notices and the ' description of owner in proceedings), shall apply for the purposes of this section, with the substitution, where required, of the land- lord for the owner of a dwelling-house. ' (9) Any remedy given by this section for non-compliance with the undertaking implied by virtue qf this section shall be in addition to and not in derogation of any other remedy available to the tenant against the landlord, either at common law or 'otherwise. [Note.— See now also section 28 of the Act of 1919. Section 15 of this Act is to be deemed part of Part II. of the Act of 1890 — ^see section 39 (2), Act ot Wig.] 16 [Repealed, by Fifth Schedule of Act of 1919. See now section 25 of that Act.] Amendment of Procedure for Glossing Orders and Demolition Orders. 17. — (1) It shall be the duty of every local authority within the meaning of Part II. of the principal Act to cause to be made from 58 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. time to time inspection of their district, with a view to ascertain whether any dwelling-house therein is in a state so dangerous or injurious to health as to be unfit for human habitation, and for that purpose it shall be the duty of the local authority, and of every officer of the local authority, to comply with such regulations and to keep such records as may be prescribed by the Board. [Note. — Regulations as to the inspection of districts have been issued. (1910— No. 919.).] (2) If, on the representation of the medical officer of health, or of any other officer of the authority, or other information given, any dwelling-house appears to them to be in such a state, it shall be their duty to make an order prohibiting the use of the dwelling-house for human habitation (in this Act referred to as a closing order) until in the judgment of the local authority the dwelling-house is rendered fit for that purpose. (3) [As amended by Second Schedule, Act of 1919.] Notice of a closing order shall be forthwith served on every owner of the dwelling-house in respect of which it is made, and any owner aggrieved by the order may appeal to the Local Government Board by giving notice of appeal to the Board within fourteen days after the notice is served upon him. [Note. — A person aggrieved who is not given right to appeal by this clause to the Ministry of Health may appeal to Quarter Sessions under section 35, Act of 1890.] (4) [As amended by Second Schedule, Act of 1919.] Where a clos- ing order has become operative, the local authority shall serve notice of the order on [the occupier] of the dwelling-house in respect of which the order is made, and, within such period as is specified in the n^otice, not being less than fourteen days after the service of the notice, the order shall be obeyed by him, and he and his family shall cease to inhabit the dwelling-house, and in default he shall be liable on summary conviction to be ordered to quit the dwelling- house within such time as may be specified in the order. [Note. — Far penalty on owner for re4etting, see section 32, Act of 1919.] (5) Unless the dwelling-house has been made unfit for habitation by the wilful act or default of the tenant or of any person for whom as between himself and the owner or landlord he is responsible, the local authority may make to every such tenant such reasonable allowance on account of his expense in removing as may be deter- mined by the local authority with the consent of the owner of the dwelling-house, or, if the owner of the dwelling-house fails to consent to the sum determined by the local authority, as may be fixed by a court of summary jurisdiction, and the amount of the said allow- ance shall be recoverable by the local authority fi-om the. owner of the dwelling-house as a civil debt in manner provided by the Sum- mary Jurisdiction Acts. [Note. — For expenses to tenant if the building is purchased in pursuance of a housing scheme and not closed by closing order, see section 78, Act of 1890.] (6) The local authority shall determine any closing order made by them if they are satisfied that the dwelling-house, in respect of which the order has been made, has been rendered fit for human habi- tation. THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 59 If, on the application of any owner of a dwelling-house, the local authority refuse to determine a closing order, the owner may appeal to the Local Government Board by giving notice of appeal to the Board within fourteen days after the application is refused. [See Note to clause 3.] (7) [As amended by Second Schedule, Act of 1919.] A room habitually used as a sleeping place, the surface of the floor of which is more than three feet below the surface of the part of the street adjoining or nearest to the room, [or more than three feet below the surface of any ground within nine feet of the room] shall for the purposes of this section be deemed to be a dwelling-house so dan- gerous or injurious to health as to be unfit for human habitation, if the room either — (a) is not on an average at least seven feet in height from floor to ceiling ; or •(b) does not comply with such regulations as the local authority with the consent of the Local Government Board may pre- scribe for securing the proper ventilation and lighting of such rooms, and the protection thereof against dampness, effluvia, or exhalation : Provided that if the local authority, after being required to do so by the Local Government Board, fail to make such regulations, or such regulations as the Board approve, the Board may themselves make them, and the regulations so made shall have effect as if they had been made by the local authority with the consent of the Board : Provided that a closing order made in respect of a room to, which this sub-section applies shall not prevent the room being used for purposes other than those of a sleeping place ; and that, if the occu- pier of the room after notice of an order has been served upon him fails to comply with the order, an order to comply therewith may, on summary conviction, be made against him. This sub-section shall not come into operation until the first day of July nineteen hundred and ten, and a closing order made in respect of any room to which this sub-section applies shall not be treated as a closing order in respect of a dwelling-house for the purposes of the next succeeding section. 18. — (1) Where a closing order in respect of any dwelling-house has remained operative for a period of three months, the local authority .shall take into consideration the question of the demoli- tion of the dwelling-house, and shall give every owner of the dwelling-house notice of the time (being some time not less than one month after the service of the notice) and place at which the ques- tion will be considered, and any owner of the dwelling-house shall be entitled to be heard when the question is so taken into con- sideration. (2) If upon any such consideration the local authority are of opinion that the dwelling-house has not been rendered fit for human habitation, and that the necessary steps are not being taken with all due diligence to render it so fit, or that the continuance of any building, being or being part of the dwelling-house, is a nuisance or dangerous or injurious to the health of the public or of the in- habitants of the neighbouring dwelling-houses, they shall order the demolition of the building. 60 THE HOUSING AND T0..:> i Ln.,.^ x.,^.- ... .o AS AMENDED. (3) [As amended by the Second Schedule, Act of 1919.] If any owner undertakes to execute forthwith the works necessary to render the dwelling-house fit for human habitation, and the local authority consider that it can be so rendered fit for human habitation, the local authority may, if they think fit, postpone the operation of the order for such time, not exceeding six months, as they may think sufficient for the purpose of giving the owner an opportunity of executing the necesary works, [and if and when the necessary works are completed to their satisfaction, the local authority shall deter- mine the closing and demolition order relating to the dwelling- house]. (4) [As amended by Second Schedule; Act of 1919.) Notice of an order for the demolition of a building shall be forthwith served on every owner of the building in respect of which it is made, and any owner aggrieved by' the order may appeal to the Local Government Board by giving notice of appeal to the Board within twenty-one days after the [notice] is served upon him, [or where the operation of the order has been postponed for any period within fourteen days after the expiration of that period]. , [Note.— oee Note to section 17 (3).] 19. Any owner of or other person interested in a dwelling-house on which an annuity has been charged by a charging order made under section thirty-six of the principal Act (which relates to the grant of charges) shall at any time be at liberty to redeem the annuity on payment to the person entitled to the annuity of such sum as may be agreed upon, or in default of agreement determined by the Local Government Board. 20. The charges excepted in sub-section (1) of section thirty-seven of the principal Act (which relates t^) the incidence of charges) shall include charges on the dwelling-house created or arising under any provision of the Public Health Acts, oy under any provision in any local Act authorising a charge for recovery of expenses incurred by a local authority. 21. Sub-section (3) of section forty-seven of the principal Act (which gives power to a court of summai-y jurisdiction to enlarge the time for certain matters) shall cease to have effect as respects the time allowed for the execution of any works or the demolition of a building under a closing order or under an order for the demoli- tion of a building. Amendments ivith rei^peet to Jwj)rovem,ent and Recnnstrnction Schemes. 22. In section four of the principal Act (which relates to an official representation), the words "that the most satisfactory method of dealing with the evils connected with such houses, courts, or alleys, and the sanitary defects in such area is an improvement scheme " shall be substituted for the words "that the evils connected with such houses, courts, or alleys, and the sanitary defects in such area cannot be effectually remedied otherwise than by means of an improvement scheme." 23. — (1) Section six of the principal Act (which relates to the • intents of an improvement scheme)) shall be read as if in sub- THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 61 section (1) the words "for sanitary purposes" were omitted in paragraph (a) ; and as if the following paragraf)h was inserted at the end of that sub-section : — "and (e) may provide for Any other matter (including the closing and ■ diversion of highways) for which it seems expedient to make provision with a view to the improvement of the area or the general efficiency of the scheme." (2) Provision may be made in a reconstruction scheme under Part II. of the principal Act for any matters for which provision may be made in an improvement scheme made under Part I. of that Act. 24. — (1) Paragraphs (a) and (b) of sub-section (2) of section five of the Housing of the "Working Classes Act, 1903 (which limit the cases under which an order confirming an improvement scheme takes effect without confirmation by Parliament), shall cease to have effect. (2) An order of the Local Government Board sanctioning a recon- struction scheme, and authorising the compulsory purchase of land for the purpose shall, notwithstanding anytliing in section thirty- nine of the principal Act, take effect without confirmation. 25. The Local Government Board may, in the exercise of their power under section fifteen or sub-section (9) of section thirty-nine of the principal Act, permit the local authority to modify their scheme, not only by the abandonment of any part of the scheme which it may appear inexpedient to cany into execution, but also by amending or adding to the sclieme in matters of detail in such manner as appears expedient to the Board. 26. Any inspector or officer of the Local Government Board, or any person employed by the Board, may be directed to make any inspec- tion or inquiry which is required for the purposes of section sixteen of the principal Act (which relates to inquiries made on the default of a medical Officer), and section eighty-five of that Act (which relates to inquiries by the Local Government Board), as amended by this Act, shall apply as respects any inspection or inquiry so held as it applies to local inquiries held under that section. 27. An improvement scheme under Part I. of the principal Act may, with the consent of the person or body of persons entitled to any right or easement which would be extinguished by virtue of section twenty-two of the principal Act, provide for any exceptions, restrictions, or modifications in the application to that right or easement of that section, and that section shall take effect subject to any such exceptions, restrictions, or modifications. 28. — (1) The amount of any compensation payable under section thirty-eight of the pi-incipal Act (which relates to obstructive build- ings) shall, when settled by arbitration in manner provided by that section, be apportioned by the arbitrator between any persons having an interest in the compensation in such manner as the arbitrator determines. (2) The power of the arbitrator to apportion compensation under the foregoing provision and to apportion any part of the compensa- tion to be paid for the demolition of an obstructive building amongst other buildings under sub-section (8) of the said section thirty-eight 62 THj: HOUSING AND TOWN PLANNING ACTS AS AMENDED. may be exercised in cases where the amount to be paid for com- pensation has been settled, otherwise than by arbitration under the principal Act, by an arbitrator appointed for the special purpose, on the application of the local authority, by the Local Government Board, and the provisions of that Act shall apply as if the arbitrator so appointed had been appointed as arbitrator to settle the amount to be paid for compensation. 29. For removing doubts it is hereby declared that a local autho- rity may tender evidence before an arbitrator to prove the facts under the headings (first) (secondly) (thirdly) mentioned in sub- section (2) of section twenty-one and sub-section (3) of section forty- one of the principal Act, notwithstanding that the local authority have not taken any steps with a view to remedying the defects or evils disclosed by the evidence. Amendments with respect to Financial Matters. 30. No deficiency in the Dwelling-house Improvement Fund shall be supplied under sub-section (2) of section twenty-four of the prin- cipal Act out of borrowed money unless the deficiency arises in respect of money required for purposes to which borrowed money is, in the opinion of the Local Government Board, properly applicable. 31. — (1) The expenses incurred by a rural district council after the passing of this Act in the execution of Part III. of the principal Act shall be defrayed as general expenses of the council in the execution of the Public Health Acts, except so far as the Local Government Board on the application of the council declare that any such expenses are to be levied as special expenses charged on specified contributory places, in the district, or as general expenses charged on specified contributory places in the district, in such proportions as the district council may determine, to the exclusion of other parts of the dis- trict, and a rural district council may borrow for the purposes of Part III. of the principal Act in like manner and sub- ject to the like conditions as for the purpose of defraying the above-mentioned general or sj)ecial expenses. (2) The district council shall give notice to the overseers of any contributory place jDroposed to be charged of any apportionment made by them under this section, and the overseers, if aggrieved by the apportionment, may appeal to the Local Government Board by giving notice of appeal to the Board within twenty-one days after notice has been so given of the apportionment. [Note. — Section 31 takes the place of the portion of section 65 of the Act of 1890, repealed by the Sixth Schedule to this Act.] 32. [Repealed by Fifth Schedule, Act of 1919]. 33. Any payment or contribution agreed or ordered to be made under sub-section (6) or (7) of section forty-six of the principal Act, as amended by section fourteen of the Housing of the Working Classes Act, 1903 (which relate to payments or contributions by borough councils towards the expenses of the county council or by the county council towards the expenses of borough councils in London), may be made either by means of the payment of a lump sum or by means of an annual payment of such amount and for such number of years as may be agreed upon or ordered. THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 63 34. Section one hundred and thirty-three of the Lands Clauses Consolidation Act, 1845 (relating to Land Tax and poor rate), shall not apply in the case of any lands of which a local authority becomes possessed by virtue of the Housing Acts. 35. — (1) The assessment to Inhabited House Duty of any house occupied for the sole purpose of letting lodgings to persons of the working classes, at a charge of not exceeding sixpence a night for each person, shall be discharged by the Commissioners acting, in the execution of the Acts relating to the Inhabited House Duties, upon the production of a certificate to the effect that the house is solely constructed and used to afford suitable accommodation for the lodgers, and that due provision is made for their sanitary require- ments. (2) The iDrovisions of sub-section (2) of section twenty-six of the Customs and Inland Revenue Act, 1890, in relation to the certificate mentioned therein, shall, so far as applicable, apply to the certificate to be produced under this section. General Amendments. 36. Any person authorised in writing stating the particular pur- pose or purposes for which the entry is authorised, by the local authority or the Local Goverrunent Board, may at all reasonable times, on giving twenty-four hours' notice to the occupier and to the owner, if the owner is known, of his intention, enter any house, premises, or buildings — • (a) for the purpose of survey or valuation, in the case of houses, premises, or buildings which the local . authority are autho- rised to purchase compulsorily under the Housing Acts ; and (b) for the purpose of survey and examination, in the case of any dwelling-house in respect of which a closing order or an order for demolition has been made ; or (c) for the purpose of survey and examination, where it appears to the authority or Board that survey or examination is necessary in order to determine whether any powers under the Housing Acts should be exercised in respect of any house, premises or building. Notice may be given to the occupier for the purposes of this section by leaving a notice addressed to the occupier, without name or further description, at the house, buildings, or premises. 37. If it appears to the Local Government Board that owing to density of population, or any other reason, it is expedient to inquire into the circumstances of any area with a view to determining > whether any powers under the Housing Acts should be put into force in that area or not, the Local Government Board may require the local authority to make a report to them containing such parti- culars as to the population of the district and other matters as they direct, and the local authority shall comply with the requirement of the Local Government Board, and any exj^enses incurred by them in so doing shall be paid as expenses incurred in the erection of such Part of the principal Act as the L6cal Government Board determine. 38. Where, upon an application made by one of the local autho- rities concerned, the Local Government Board are satisfied that 64 THE HOUSING AND TOWN P]^ANNING ACTS AS AMENDED. it is expedient that any local authorities should act jointly for any purposes of the Housing Acts, either generally or in any special case, the Board may by order make provision for the purpose, and any provisions so made shall have the same effect as if they were contained in a provisional order made under section two hundred and seventy-nine of the Public Health Act, 1875, for the formation of a united district. 39. — (1) The procedure on any appeal under this Part of this Act, including costs, to the Local Government Board shall be such as the Board may by rules determine, and on any such appeal the Board may make such order in the matter as they think equitable, and any order so made shall be binding and conclusive on all parties, and, where the appeal is against any notice, order, or apportionment given or made by the local authority, the notice, order, or appor- tionment may be confirmed, varied or quashed, as the Board think just. Provided that — (a) the lyocal Government Board may at any stage of the pro- ceedings on appeal, and shall, if so directed by the High Court, state in the form of a special case for the opinion of the court any question of law arising in the course of the appeal ; and (b) [As amended by Second Schedule, Act of 1919] the rules shall provide that the Local Government Board shall not dismiss any appeal without having first held a public local inquiry, [unless the applicant fails to prosecute his appeal with due diligence]. [Note. — Kules- will Toe found in the Appendix.] (2) Any notice, order, or apportionment as respects which an appeal to the Local Government Board is given under this Part of this Act shall not become operative, until either the time within which an appeal can be made under this Part of this Act has elapsed without an appeal being made, or, in case an appeal is made, the appeal is detennined or abandoned, and no work shall be done or proceedings taken under any such notice, order, or appor- tionment, until it becomes operative. (3) The Local Government Board may, before considering any appeal which may be made to them under this Part of this Act, require the appellant to dejjosit such sum to cover the costs of the appeal as may be fixed by the rules made by them with reference to appeals. 40. Notwithstanding anything contained m the principal iVct it shall not be obligatory upon a local authority to sell and dispose of any lands or dwellings acquii'ed or constructed by them for any of the purposes of the Housing Acts. [Note.— See section 38 (11), Act of 1890.] 41. — (1) The Local Government l^oard may by order prescribe tke form of any notice, advertisement, or other document, to be used in connection with the powers and duties of a local authority or of the Board under the Housing Acts, and the forms so prescribed, or forms as near thei'eto as circumstances admit, shall be used in all cases to which those forms are applicable. [Note.— Forms woro prt-^rrihod l,y Order, 1910— No. 1189.] THE HOUSING AND TOWN PLANNlNiU ACTS AS AMENDED. 65 (2) The Local Government Board may dispense with the publi- cation of advertisements or the service of notices required to be published or served by a local authority under the Housing Acts, if they are satisfied that there is reasonable cause for dispensing with the publication or service. (3) Any such dispensation may be given by the Local Government Board either before or after the time at which the advertisement is required to be published or the notice is required to be served, and either unconditionally or upon such conditions as to the publication of other advertisements or the service of other notices or otherwise as the Board think fit, due care being taken by the Board to prevent the interests of any person being prejudiced by the dispensation. 42. Where under the Housing Acts, any scheme or order or any draft scheme or order is to be published in the London Gazette, or notice of any such scheme or order or draft scheme or order is to be given in the London Gazette, it shall be sufficient in lieu of such publication or notice to insert a notice giving short particulars of the scheme, order, or draft, and stating where copies thereof can be ins^Dected or obtained in two local newspapers circulating in the area affected by the scheme, order, or draft, or to give notice thereof in such other manner as the Local Government Board determine. 43. Notwithstanding anything in any local Act or bye-law in force in any borough or district, it shall not be lawful to erect any back- to-back houses intended to be used as dwellings for the working classes, and any such house commenced to be erected after the passing of this Act shall be deemed to be unfit for human habitation for the purposes of the provisions of the Housing Acts, Provided that nothing in this section — (a) shall prevent the erection or use of a house containing several tenements in which the tenements are placed back to back, if the medical officer of health for the district certifies that the several tenements are so constructed and arranged- as to secure effective ventilation of all habitaljle rooms in every tenement ; or (b) shall apply to houses abutting on any streets the plans whereof have been approved by the local authority before the first day of May nineteen hundred and nine, in any borough or district in which, at the passing of this Act, any local Act or bye-laws are in force permitting the erec- tion of back-to-bapk houses. 44. If the Local Government Board are satisfied, by local inquiry or otherwise, that the erection of dwellings for the working classes within any borough, or urban or rural district, is unreasonably im-" peded in consequence of any bye-laws with respect to new streets or buildings in force therein, the Board may require the local autho- rity to revoke such bye-laws or to make such new bye-laws as the Board may consider necessary for the removal of the impedi- ment. If the local authority do not within three months after such requisition comply therewith, the Board may themselves revoke such bye-laws, and make such new bye-laws as they may consider neces- sary for the removal of the impediment, and such new bye-laws shall have effect as if they had been duly made by the local authority and confirmed by the Board. F 66 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 45. Nothing in the Housing Acts shall authorise the acquisition for the purposes of those Acts of any land which is the site of an ancient monument or other object of archaeological interest, or the compulsory acquisition for the purposes of Part III. of the Housing of the Working Classes i\.ct, 1890, of any land which is the pro- perty of any local authority or has been acquired by any corporation or comjjany for the purposes of a railway, dock, canal^ water, or other public undertaking, or which at the date of the order forms part of any park, garden, or pleasure ground, or is otherwise re- quired for the amenity or convenience of any dwelling-house. [Note. — For further saving of erections of architectural, historic or artistic interest, see section 1 (3), proviso, Act of 1919.] 46. The amendments specified in the second column of the Second Schedule to this Act, which relate to minor details, shall be made in the provisions of the Housing Acts specified in the first column of that Schedule, and section sixty-three of the principal Act (which relates to the disqualification of tenants of lodging-houses on receiving poor relief) shall be repealed. Definitions. 47. — (1) Any provisions of this Act which supersede or amend any provisions of the principal Act shall be deemed to be part of that Part of the principal Act in which the provisions superseded or amended are contained. (2) Any reference in the Housing Act^to a closing order or to an order for the demolition of a building shall be construed as a refer- - ence to a closing order or an order of demolition under this Act. 48. The expression "street" shall, unless the context othe;'wise requires, have the same meaning in Part I. of the principal Act as it has in Part II. of that Act, andi shall include any court, alley, street, square or row of houses. [Note. — Street is defined in section 29 of the Act of 1890.] 49. — (1) The words "means any inhabited building and" shall be omitted from the definition of "dwelling-house" in section twenty-nine of the principal Act. (2) For the definition of owner in the same section the following definition shall be substituted : — "The expression 'owner,' in addition to the definition given by the Lands Clauses Acts, includes all lessees or mortgagees of any pi'emises required to be dealt with under this Part of this Act, except persons holding or entitled to the rents and profits of such premises under a lease the original tenn where- of is less than twenty-one years." 50. For the definition of cottage in section fifty-three of the princi2)al Act the following d'efinition shall be substituted : — The expression " cottage" in this Part of this Act may include a garden of not more than one acre. 51. In this Part of this Act the expression "Housing Acts " means the principal Act, and any Act amending that Act, including this Act. 52 and 53. Application to Scotland. THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 67 PART II. Town Planning. 54.— (1) [As amended by Third Schedule, Act of 1919]. A town planning scheme may be made in accordance with the provisions of this Part of this Act as respects any land which is in course of development or appears likely to be used for building purposes, with the general object of securirig proper sanitary conditions, amenity, and convenience in connection with the laying-out and use of the land, and of any neighbouring lands. [Provided that where a piece of land already built upon or a piece of land not likely to be used for building purposes is so situate with respect to any land likely to be used for building purposes that the general object of the scheme would be better secured by its inclusion in any town planning scheme made with respect to the last mentioned land, the scheme may include such piece of land as aforesaid, and may pro- vide for the demolition or alteration of any buildings thereon so far as may be necessary for carrying the scheme into effect]. (2) [Repealed by section 42, Act of 1919]. (3) [Repealed by Third Schedule, Act of 1919]. (4) A town planning scheme prepared or adopted by a local authority shall not have effect, unless it is approved by order of the Local Government Board, and the Board may refuse to approve any scheme except with such modifications and subject to such conditions as they may think fit to impose. [Remainder of clause repealed by section 44, Act of 1919]. (5) A town planning scheme, when approved by the Local Govern- ment Board, shall have effect as if it were enacted in this Act. (6) A town planning scheme may be varied or revoked by a sub- sequent scheme prepared or adopted and approved in accordance with this Part of this Act, and the Local Government Board, on the application of the responsible authority, or of any other person appearing to them to be interested may by order revoke a town plan- ning scheme if they think that under the special circumstances of the case the scheme should be so revoked. (7) The expression "land likely to be used for building purposes" shall include any land likely to be used as, or for the purpose of providing, open spaces, roads, streets, parks, pleasure or recreation grounds, or for the purpose of executing any work upon or under the land incidental to a town planning scheme, whether in the nature of a building work or not, and the decision of the Local Government Board, whether land is likely to be used for building purposes or not, shall be final. [Note. — Town-planning schemes are now obligatory under sections 4G and 47 of the Act of 1919. See also section Gl of this Act.]. 55. — (1) The Local Government Board may prescribe a set of general provisions (or separate sets of general provisions adapted for areas of any special character) for carrying out the general objects of town planning schemes, and in particular for dealing with the matters set out in the Fourth Schedule to this Act and the general provisions, or set of general provisions appropriate to the area for which town planning schenue is made, shall take effect as part of every scheme, except so far as provision is made by the scheme as 68 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. approved by the Board for the variation or exclusion of any of those provisions. (2) Special provisions shall in addition be inserted in every town planning scheme defining in such manner as may be prescribed by regulations under this Part of this Act the area to which the scheme is to apply, and the authority who are to be responsible for enforc- ing the observance of the scheme, and for the execution of any works which under the scheme or this Part of this Act are to ,be executed by a local authority (in this Part of this Act referred to as the responsible authority), and providing for any matters which may be dealt with by general provisions, and otherwise supplement- ing, excluding, or varying the general provisions, and also for dealing with any special circumstances or contingencies for which adequate provision is not made by the general provisions, and for suspending, so far as necessary for the proper carrying out of the scheme, any statutory enactments, bye-laws, regulations, or other provisions, under whatever authority made, which are in operation in the area included in the scheme : [Remainder of clause repealed by section 44, Act of 1919]. (3) Where land included in a town planning scheme is in the area of more than one local authority, or is in the area of a local authority by whom the scheme was not prepared, the responsible authority may be one of those local authorities, or for certain pur- poses of the scheme one local authority and for certain purposes another local authority, or a joint body constituted specially for the purposes by the scheme, and all necessary provisions may be made / by the scheme for constituting the joint body and giving them the necessary powers and duties : Provided that, except with the consent of the London County Council, no other local authority shall, as respects any land in the county of London, prepare or be responsible for enforcing the observance of a town planning scheme uiider this Part of this Act, or for the execution of any works which under the scheme or this Part of this Act are to be executed by a local authority. 56.— <1) [As amended by Third Schedule, Act of 1919]. The Local Government Board may make regulations for regulating generally the procedure to be adopted with respect to [the preparation or adoption of a town planning scheme], the preparation of the scheme, obtaining the approval of the Board to a scheme so prepared or adopted, [the variation or revocation of a scheme], and any inquiries, reports, notices, or other matters required in connection with the preparation or adoption or the approval of the scheme or prelim- inary thereto, or in relation to the carrying out of the scheme or enforcing the observance of the provisions thereof, [or the variation or revocation of the scheme]. (2) Provision shall be made by those regulations — (a) [As amended by Third Schedule, Act of 1919] for securing co- operation on the part o| the local authority with the owners and other persons interested in the land proposed to be in- cluded in the scheme [by such means as may be provided by the regulations] ; (b) for securing that notice of the proposal to prepare or adopt the THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 69 scheme should be given at the earliest stage possible to any council interested in the land ; and (c) for dealing with the other matters mentioned in the Fifth Schedule to this Act. [Note. — The power to make regulations is extended by section 43 of the Act of 1919 to provisions to secure reasonable speed and to enable the Ministry of Health to act in case of default or dilatoriness in the place of and at the expense of the local authority.] 57. — (1) The responsible authority may at any time, after giving such notice as may be provided by a town planning scheme and in accordance with the provisions of the scheme — (a) remove, pull down, or alter any building or pther work in the area included in the scheme which is such as to contravene the scheme, or in the ei-ection or carrying out of which any provision of the scheme has not been complied with ; or (b) execute any work which it is the duty of any person to execute under the scheme in any case where it appears to the authority that delay in the execution of the work would prejudice the efficient operation of the scheme. (2) Any expenses incurred by a responsible authority under this section may be recovered from the persons in default in such manner and subject to such conditions as may be provided by the scheme. (3) If any question arises whether any building or work contra- venes a town planning scheme, or whether any provision of a town planning scheme is not complied with in the erection or carrying out of any such building or work, that question shall be referred to the Local Government Board, and shall, unless the parties other- wise agree, be determined by the Board as arbitrators, and the decision of the Board shall be final and conclusive and binding on all persons. 58. — (1) Any person whose property is injuriously affected by the making of a town planning scheme shall, if he makes a claim for the purpose within the time (if any) limited by the scheme, not being less than three months after the date when notice of the approval of the scheme is published in the manner prescribed by regulations made by the Local Government Board, be entitled to obtain com- pensation in respect thereof from the responsible authority. (2) [As amended by Third Schedule, Act of 1919]. A person shall not be entitled to obtain compensation under this section on account of any building erected on, or contract made, or other thing done with respect to, land included in a scheme, after the [date of the resolution of the local authority to prepare or adopt the scheme or after the date when such resolution takes effect as the case may be], or after such other time as the Local Government Board may fix for the purpose : Provided that this provision shall not apply as respects any work done before the date of the approval of the scheme for the purpose of finishing a building begun or of carrying out a contract entered into before [such time or date as aforesaid]. [Note. — For further proviso, see section 45, Act of 1919.] (3) Where, by the making of any town planning scheme, 'any property is increased in value, the responsible authority, if they 70 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. make a claim for the purpose within the time (if any) limited by the scheme (not being less than three months after the date when notice of the approval of the scheme is first jjublished in the manner pre- scribed by regulations made by the Local Government Board), shall be entitled to recover from any jierson whose property is so increased in value one-half of the amount of that increase. (4) Any question as to whether any property is injuriously affected or increased in value within the meaning of this section, and as to the amount and manner of payment (whether by instalments or otherwise) of the sum which is to be paid as compengation under this section or which the responsible authority are entitled to recover from a person whose property is increased in value, shall be determined by the arbitration of a single arbitrator appointed by the Local Government Board, unless the parties agree on some other method of determination. (5) Any amount due under this section as compensation to a person aggrieved from a responsible authority, or to a responsible authority from a person whose property is increased in value, may be recovered summarily as a civil debt. (6) Where a town planning scheme is revoked by an order of the Local Government Board under this Act, any person who has incurred expenditure for the pui'pose of complying with the scheme shall be entitled to compensation in accordance with this section in so far as any such expenditure is rendered abortive by reason of the revocation of the scheme. 59. — (1) Where property is alleged to be injuriously affected by reason of any provisions contained in a town planning scheme, no compensation shall be paid in respect, thereof if or so far as the provisions are such as would have been enforceable if they had been contained in bye-laws made by the local authority. (2) [As amended by Third Schedule, Act of 1919]. Property shall not be deemed to be injuriously affected by reason of the making of any provisions inserted in a town planning scheme, which, prescribe the space about buildings or limit the number of buildings to be erected, or prescribe the height or character of buildings, and which the Local Government Board, having regard to the nature and situation of the land affected by the provisions, consider reason- able for the purpose. (3) Where a person is entitled to compensation under this Part of this Act in respect of any matter or thing, and he would be entitled to compensation in respect of the same matter or thing under any other enactment, he shall not be entitled to compensation in respect of that matter or thing both under this Act and under that other enactment, and shall not be entitled to any greater compensation under this Act than he would be entitled to under the 'other enactment. 60. — (1) The responsible authority may, for the purpose of a town planning scheme, purchase any land comprised in such scheme by agreement, or be authorised to purchase any such land compul- sorily in the same manner and subject to the same provisions (in- cluding any p7-ovision authorising the Local Government Board to give directions as to the payment and application of any purchase money or compensation) as a local authority may purchase or be authorised to purchase land situate in an urban district for the THE HOUSING ANT) TOWN PLANNING ACTS AS AMENDED. 71 purposes of Part III. of the Housing of the Working Classes Act, 1890, as amended by sections two and forty-five of this Act. (2) Where land included within the area of a local authority is comprised in a town planning scheme, and the local authority ai'e not the responsible authority, the local authority may purchase or be authorised to purchase that land in the same manner as the responsible authority. 61. — (1) If the Local Government Board are satisfied on any re- presentation, after holding a public local inquiry, that a local authority — (a) have failed to take the requisite steps for having a satis- factory town planning scheme prepared and approved in a case where a town planning scheme ought to be made ; or (b) have failed to adopt any scheme proposed by owners of any land in a case where the scheme OHght to be adopted ; or (c) have unreasonably refused to consent to any modifications or conditions imposed by the Board ; the Board may, as the case requires, order the local authority to prepare and submit for the approval of the Board such a town plan- ning scheme, or to adopt the scheme, or to consent to the modi- fications or conditions so inserted : Provided that, where the representation is that a local authority have failed to adopt a scheme, the Local Govei'nment Board, in lieu of making such an order as aforesaid, may approve the pro- posed scheme, subject to such modifications or conditions, if any, as the Board may think fit, and thereupon the scheme shall have effect as if it had been adopted by the local authority and approved by the Board. (2) If the Local Government Board are satisfied on any repre- sentation, after holding a local inquiry, that a responsible authority have failed to enforce effectively the observance of a scheme which has been confirmed, ur any provisions thereof, or to execute any works which under the scheme or this Part of this Act the autho- rity i» required to execute, the Board may order that authority to do all things necessary for enforcing the observance of the scheme or any provisions thereof effectively, or for executing any works which under the scheme or this Part of this Act the authority is required to execute. (3) Any order under this section may be enforced by mandamus. [Note. — Under section 47 of the Act of 1919 the Ministry of Health have now power to require a town-planning scheme without the requirement of a preliminary representation and a local inquiry.] 62. Where the Local Government Board are authorised by this Part of this Act or any scheme made thereunder to determine any matter, it shall, except as otherwise expressly provided by this Part of this Act, be at their option to determine the matter as arbitrators or otherwise, and, if they elect or are required to determine the matter as arbitrators, the provisions of the Regulation of Railways Act, 1868, respecting arbitrations by the Board of Trade, and the enactments amending those provisions, shall apply as if they were herein re-enacted and in teiTns. made applicable to the Local Govern- ment Board and the determination of the matters aforesaid. 72 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 63. Section eighty-five of the Housing of the Working Classes Act, 1890 (which relates to inquiries by the Local Government Board), as amended by this Act, shall apply for any purposes of this Part of this Act as it applies for the purpose of the execution of the powers and duties of the Local 'Government Board under that Act. 64. All general provisions made under this part of this Act shall be laid as soon as may be before Parliament, and the Rules Publication Act, 1893 [56 & 57 Vict. c. 66], shall apply to such provisions as if they were statutory rules within the meaning of section one of that Act. 65. — (1) For the purposes of this Part of this Act the expression "local authority" means the council of any borough or urban or rural district. (2) [As amended by Third Schedule, Act of 1919]. Any expenses incurred by a local authority under this Part of this Act, or any scheme made thereunder, [including the cost of the preparation or adoption of a scheme] shall be defrayed as expenses of the authority under the Public Health Acts, and the authority may borrow, for the purjioses of this Part of this Act, or any scheme made there- under, in the same manner and subject to the same provisions as they may borrow for the purposes of the Public Health Acts. (3) Money borrowed for the purposes of this Part of this Act, or any scheme made thereunder, shall not be reckoned as part of the debt of a borough or urban district for the purposes of the limitation on borrowing under sub-sections (2) and (3) of section two hundred and thirty-four of the Public Health Act, 1875. 66. — (1) This Part of this Act shall apply to the administrative county of London, and, as respects that county, the London County Council shall be the local authority. (2) Any expenses incurred by the London County Council shall be defrayed out of the general county rate and any money may be borrowed by the Council in the same manner as money may be borrowed fqf general county purposes. ^ 67. [Application to Scotland.] PART III. County IVIedical Officers, County Public Health and Housing Committee, &c. 68. — (1) Every county council shall appoint a medical officer of health under section seventeen of the Local Government Act, 1888. (2) The duties of a medical officer of health of a county shall be such duties as may be prescribed by general order of the Local Government Board and such other duties as maj- be assigned to him by the county council. (3) The power of county councils and district councils under the said section to malce arrangements with respect to medical officers of health shall cease, without prejudice to any arrangement made previously to the date of the' passing of this Act. (4) The medical officer of health of a county shall, for the pur- THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 73 poses of his duties, have the same powers of entry on premises as are conferred on a medical officer of health of a district by or under any enactment. (5) A medical officer of health of a county shall be removable by the county council with the consent of the Local Government Board and not otherwise. (6) A medical officer of health of a county shall not be appointed for a limited period only : Provided that the county council may, with the sanction of the Local Government Board, make any temporary arrangement for the perfoi-mance of all or any of the duties of the medical officer of health of the county, and any person appointed by virtue of any such arrangement to perform those duties or any of them shall, sub- ject to the terms of his appointment, have all the powers, duties, and liabilities of the medical officer of health of the county. (7) A medical officer of health appointed after the passing of this Act under the said section as amended by this section shall not engage in private practice, and shall not hold any other public appointment without the express written consent of the Local Government Board. (8) An order under this section prescribing the duties of medical officers of health of a county shall be communicated to the county council and shall be laid before Parliament as soon as may be after it is made, and. if an address is presented to His Majesty by either House of Parliament within the next subsequent twenty-one days on which that House has sat next after the order is laid before it praying that the order may be annulled, His I\Iaiesty in Council may annul the order and it shall thenceforward be void, but without prejudice to the validity of anything previously done thereunder. f Note.— Under section 6 of the Act of 1919 the Ministry of Health, on representation that in a qounty district the local authority have failed in their duty, xmder Parts I. and II. of the Act or 1890, the Board may direct the, county council to instruct the medical officer of health of the county to inspect such district and to make a report to the Board as to the exercise of their powers by the local authority.") 69.— (1) [As amended by Second Schedule, Act of 1919]. The clerk of a rural district council shall forward to the medical officer of health of the county a copy of any representation, complaint, in- formation, [or closing order], a copy of which it is the duty of the district council to forward to the county council under section forty- five of the Housing of the Working Classes Act, 1890 (which relates to the powers of county councils). (2) The medical officer of health of a district shall give to the medical officer of health of the county any information which it is in his power to give, and which the medical officer of health of the county may reasonably require from him for the purpose of his duties prescribed by the Local Government Board. (3) If any dispute or difference shall arise between the clerk or the medical officer of health of a district council and the medical officer of health of a county council under this section, the same shall be i-eferred to the Local Government Board, whose decision shall be final and binding. 74 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. (4) If the clerk or medical oflBcer of health of a district council fails to comply with the provisions of this section, he shall on in- formation being laid by the county council, but not otherwise, be liable on summary conviction in respect of each offence to a fine not exceeding ten pounds. 70. The foregoing provisions of this Part of this Act shall not apply to Scotland, or, except sub-section (4) of section sixty-eight, to the administrative county of London, and, in the application of the said sub-section to London, the reference to a medical ofl&cer of health of a district shall be construed as a reference to the medical officer of health of a metropolitan borough. 71.^1) Every county council shall establish a public health and housing committee, and all matters relating to the exercise and per- formance by the council of their powers and duties as respects public health and the housing of the working classes (except the power of raising a rate or borrowing money) shall stand referred to the public heal^ and housing committee, and the council, before exer- cising any such powers, shall, unless in their opinion the matter is urgent, receive and consider the report of the public health and housing committee with respect to the matter in question, and the council may also delegate to the public health and housing com-' mittee, with or without restrictions or conditions as they think fit, any of their powers as respects public health and the housing of the working classes, except the power of raising a rate or borrowing money and except any power of resolving that the powers of a district council in default should be trans,ferred to the council. (2) This section shall not apply to Scotland or the London County Council. 72. [Repealed by Fifth Schedule, Act of 1919.] PART IV. Supplemental. 73. — (1) Where any scheme or order under the Housing Acts or Part II. of this Act authorises the acquisition or appropriation to any other purpose of any land forrning part of any common, open space, or allotment, the scheme or order, so far as it relates to the acquisition or appropriation of such land, shall be provisional only, and shall not have effect unless and until it is confirmed by Parlia- ment, except where the scheme or order provides for giving in exchange for such land other land, not being less in area, certified by the Local Government Board after consultation with the Board of Agriculture and Fisheiies to be equally advantageous to the persons, if any, entitled to commonable or other rights and to the public. (2) Beffn-e giving any such certificate the Board shall give public- notice of the proposed exchange, and shall afford opportunities to all persons interested to make representations and objections in gelation thereto, and shall, if necessary, hold a local inquiry on the subject. (3) Where any such scheme or order authorises such an exchange, the scheme or order shall provide for vesting the land given in ex- change in the persons in whom the common or open space was vested, subject to the same rights, trusts, and incidents as attached to the common or open space, and for discharging the part of the « THE HOUSING AlsD lOWJs PLANNING ACTS AS AMENDED. 75 cuiumon, open space, or allotment acquired or appropriated from all right, trusts, and incidents to which it was previously subject. (4) For the purposes of this Act the expression "common" shall include any land subject to be enclosed under the Inclosure Acts, 1845 to 1882, and any town or village green; the expression "open space " means any land laid out as a public garden or used for the purposes of public recreation, and any disused burial ground ; and the exjDression "allotment" means any allotment set out as a fuel allotment or a field gai'den allotment under an Inclosure Act. 74. — (1) Where any land proposed to be included in any scheme or order to be made under the Housing Acts or Part II. of this Act, or any land proposed to be acquired under the Housing Acts or Part il. of this Act, is situate within the prescribed distance from any of the royal palaces or parks, the local authority shall, before preparing the scheme or order or acquiring the land, communicate with the Commissioners of Works, and the Local Government Board shall, before confirming the scheme or order or authorising the acquisition of the land or the raising of any loan for the pui-pose, take into consideration any recommendations they may have received from the Commissioners of Works with reference to the proposal. (2) For the purposes of this section "prescribed" means pre- scribed by regulations made by the Local Government Board after consultation with the Commissioners of Works. 75. The enactments mentioned in the Sixth Schedule to this Act are hereby, repealed to the extent specified in the third column of that schedule. 76. — (1) This Act may be cited as the Housing, Town Planning, (Sec, Act, 1909, and Part I. of this Act shall be construed as one with the Housing of the Working Classes Acts, 1890 to 1903, and that Part of this Act and those Acts mav be cited together as the Housing of the Working Classes Acts. 1890 to 1909. (2) This Act shall not extend to Ireland. SCHEDULES. FIR%T SCHEDULE. Provisions as to the Compulsory Acquisition of Land by a Local Authority for the purposes of Part III. of the Housing of the Worlting Classes Act, 1890. (1) Where a local authority propose to purchase land compalsorily under this Act, the local authority may subnait to the Board an order putting in force as respects the land specified in the order the provisions of the Lan,d8 Clauses Acts with respect to the purchase and taking of land otherwise than by agree- ment. (2) An order under this schedule shall be of no force unless and until it is confirmed by the Board, and the Board may confirm the order either without modification or subject to &uch modifications as they think fit, and an order when so confirmed shall, save as otherwise expressly provided by this schedule, become final and have effect as if enacted in this Act; and the confirmation by the Board shall be conclusive evidence that the requirements of this Act have been complied with, and that the order has been duly made and is within the powers of this Act. (3) In determining the amount of any disputed compensation under any such order, no additional allowance shall be made on account of the purchase being compulsory. (4) The order shall be in the prescribed form, and shall contain such provi- sions as the Board may prescribe for the purpose of carrying the order into effect, and of prelecting the local authority and the persons interested in the land, and shall incorjiorate, subject to the necessary adaptations, the Lands Clauses Acts (except sections one hundred and twenty-seven of the Lands Clauses Consolidation Act, 1845) [8 & 9 Vict. c. 18] and sections seventy-seven to eighty-five of the Railways Clauses Consolidation Act, 1845 [8 & 9 Vict. c. 20], but subject to this modification, that any question of disputed compensation shall be determined by a single arbitrator appointed by the Board, who shall be deemed to be an arbitrator within the meaning of the Lands Clauses Act^s, and the provisions of those Acts with respect to arbitration shall, subject to the provisions of this schedule, apply accordingly. (5) The order shall be published by the local authority in the prescribed manner, and such notice shall be given both in the locality in which the land is proposed to be acquired, and to the owners, lessees, and occupiers of that land as may be prescribed. (6) If within the prescribed period no objection to the order has been pre- sented to the Board by a person interested in the land, or if every such objec- tion has been withdrawn, the Board shall, without further inquiry, confirm the order, but, if such an objection has been presented and has not been with- drawn, the Board shall forthwith cause a public inquiry to be held in the locality in which the land is proposed to be acquired, and the local authority and all persons interested in the land and such other persons as the person holding the inquiry in his discretion thinks fit to allow shall be permitted to appear and be heard at the inquiry. (7) [Repealed by Fifth Schedule, Act of 1919.] (8) The arbitrator .shall, so far as practicable, in assessing compensation aci on his own knowledge and experience, but, subject as aforesaid, at any inquiry THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 77 or arbitration held under this schedule the person holding the inquiry or arbitration shall hear, by themselves or their agents, any authorities or parties authorised to appear, and shall hear witnesses, but shall not, except in such cases as the Board otherwise direct, hear council or expert witnesses. (9) The Board may, with the concurrence of the Lord Chancellor, make rules fixing a scale of costs to be applicable on an arbitration under this schedule, and an arbitrator under this schedule may, notwithstanding anything in the Lands Clauses Acts, determine the amount of costs, and shall have power to disallow as costs in the arbitration the costs of any witness whom he considers to have been called unnecessa.rily and any other costs which he considers to have been caused or incurred unnecessarily. (10) The remuneration of an arbitrator appointed under this schedule shall be fixed by the Board. (11) In construing for the purposes of this schedule or any order made there- under, any enactment incorporated with the order, this Act, together with the order, shall be deemed to be the special Act, and the local authority shaJl be deemed to be the promoters of the undertaking. (12) Where the land is glebe land or other land belonging to an ecclesiastical benefice, the order shall provide that sums agreed upon or awarded for the purchase of the land, or to be paid by way of compensation for the damage to be sustained by the owner by reason of severance or other injury affecting the land, shall not be paid as directed by the Lands Clauses Acts, but shall be paid to tne Ecclesiastical Commissioners to be applied by them as money paid to them upon a sale, under the provisions of the Ecclesiastical Leasing Acts, of land belonging to. a benefice. (13") In this schedule the expression "Board" means the Local Government Board, and the expression " prescribed " means prescribed by the Board. (H) [Application to Scotland.] [Note. — See the Housing Acts (Compulsory Purchase) Regulations, 1919, given in the Appendix. The arbitration is now governed 'by the Acquisition of Land (Assessment of Compensation) Act, 1919, save that the rules for the assessment of compensation do not apply to Parts I. and II. schemes. See section 9, Act of 1919, and notes thereto.] 78 THE HOUSING ANP TOWN PLANNING ACTS AS AMENDED. SECOND SCHEDULE. Minor Amendments of Housing Acts. Enactment to be amended. Nature of Amendment. Housing of the Work- ing Classes Act, (1890 (53 & 54 Vict. c. 70). Section 23 - Section 34 - Section 35 - Section 38 (1) (a) - Section 38 (7) - Section 39 (8) - Section 40 Section 85 Section 88 Section 89 After the words " displaced " the words " in consequence of " shall be substituted for the word '" by." The words " the order becomes operative " shall be sub- stituted for the words " service of the order." The words " if he is not entitled to appeal to the Local Government Board against the order" shall be in- serted after the word " may " where it first occurs. The words '' or impedes " shall be inserted after the word " stops." The words "house or other building or manufactory" shall be substituted for the words " house or manu- factory " wherever they occur in that sub^section. The words " as amended by any subsequent Act " shall be inserted after the word "Act" where it first occurs, and the worda " to the power of the Local Government Board to enforce that duty " shall be inserted after the word " execution." After the word " displaced " the words " in consequence of " shall be substituted for the word " by." The wsrds "powers and" shall be inserted before the word " duties." The words " or Part III." shall be inserted after the words " Part II." After the word "Act " where it first occurs the words " or any person authorised to enter dwelling-houses, premises, or buildings in pursuance of this Act " shall be inserted; the words "authority or person" shall be substituted for the words " or authority," and the words " he " shall be substituted for the words " such person." THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 79 THIRD SCHEDULE. Modifications of the Schedule to the Housing of the Working Classes Act, 1903, in its application to Scotland. FOURTH SCHEDULE. Matters to be dealt with by General Provisions prescribed by the Local Government Board. 1. Streets, roads, and other ways, and stopping up, or diversion of existins highways. 2. Buildings, structures, and erections. 3. Open spaces, private and public. 4. The preservation of objects of historical interest or natural beauty. 5. Sewerage, drainage, and sewage disposal. 6. Lighting. 7. Water supply. 8. Ancillary or consequential works. 9. Extinction or variation of private rights of way and other easements. 10. Dealing with or disposal of land acquired by the responsible authority or by a local authority. 11. Power of entry and inspection. 12. Power of the responsible authority to remove, alter, or demolish any obstructive work. 13. Power of the responsible authority to make agreements with owners, and of owners to make agreements with one another. 14. Power of the responsible authority of a local authority to accept any money or property for the furtherance of the objects of any town-planning scheme, and provision for regulating the administration of any such money or property and for the exemption of any assurance with respect to money or property so accepted from enrolment under the Mortmain and Charitable Uses Act, 1888. 15. Application with the necessary modifications and adaptations of statutory enactments. _ 16. Carrying out and supplementing the provisions of this Act for enforcing schemes. 17. Limitation of time for operation of scheme. 18. Co-operation of the responsible authority with the owners of land included in the scheme or other persons interested. 19. Charging on the inheritance of any land the value of which is increased by the operation of a town-planning scheme the sum required to be paid in respect of that increase, and for that purpose applying, with the necessary adaptations, the provisions of any enactments dealing with charges for im- provements of land. FIFTH SCHEDULE. 1. [As amended by Third Schedule, Act of 1919.] Procedure anterior to the preparation and adoption of a scheme :— (a) Preparation and adoption of plans. (b) Publication of notices. 2. Procedure during, on, and after the preparation or adoption and before the approval of the scheme : — (a) Submission to the Local Government Board of the proposed scheme, with plans and estimates. 80 THE HOUSINa AND TOWN PLANNING ACTS AS AMENDED. (b) Notice of submission of proposed scheme to the Local Government Boaru. (c) Hearing of objections and representations by persons aSected, including persons representing architectural or archseological societies or other- wise interested in the amenity of the proposed scheme. (d) Publication of notice of intention to approve scheme and the lodging oi objections thereto. 3. Procedure after the approval of the scheme: — ect of which the re-housing scheme is made are situated, or in the case of the city the common council : (d) The expression "dwelling" or "house" means any house or part of a house occupied as a separate dwelling: (e) The expression " working class " includes mechanics, artisans, labourers, and others working for wages ; hawkers, costermongers, persons not working for wages, but working at some trade or handicraft without employing others, except members of their own family, and persons other than domestic sei-vants whose income in any case does not exceed .an average of thirty shillings a week, and the families of any of such persons who may be residing with them. Housing of the WorkingCIasses Act, 1900, as Amended. » [63 & 64 Vict. c. 59— 8th August, 1900.] 1. Where any council, other than a rural district council, have adopted Part Three of the Housing of tlie \Vorking Classes Act, 1890 (in this Act referred to as "the principal Act"), they may, for supplying the needs of their district, establish or acquire lodg- ing houses for the working classes under that Part outside their district. 2. [Repealed by Sixth Schedule, Act of 1909.] 3. — (1) Any expenses incurred by the council of a metropolitan borough under Part III. of the principal Act, whether within or without the borough, shall be defrayed as part of the ordinary expenses of the council, and in that Act the expressions "district," "local authority," and "local rate" shall, for the purposes of Part III. of the Act, include a metropolitan borough, the council of the borough, and the general rate of the borough. (2) Vv'here the council of a metropolitan borough adopt Part III. of the principal Act, the power of the council to borrow for the purposes of that Part shall be exercisable in the like manner and subject to the like conditions as the power of the council to borrow for the purposes of Part II. o| that Act. 4. Where land acquired by a council under Part III. of the prin- cipal Act is appropriated for the purpose of re-housing persons dis- placed by the council under the powers of any other Part of that Act or of any other enactment, the receipts and expenditure in respect of that land (including all costs in respect of the acquisi- tion and laying out of the land), and of any buildings erected thereon, may be treated as receipts and expenditure under that Part or enactment, but shall be accounted for under a separate head. [Note.— See section 80 of the Act of 1890.] ■ 5. [Repealed by Fifth Schedule, Act of 1919.] 6 and 7. [Repealed by Sixth Schedule, Act of 1909.1 8. Short title, etc. SCHEDULE. Repeal. Session and Chapter. Short Title. Extent of Repeal. 53 & 54 Vict, c. 70. The Housing of the WorkinK Classes .\of. 1800. The proviso to section fifty-four. Section fifty-five. fn section sixty-five, the words from " and save -where " to " bear such expenses," and the words " at the time of the publication of the cer- tificate " and " who publish the eame." 89 Housing of the Working Classes Act, 1890, as Amended. [53 & 54 Vict. c. 70— 18th August, 1890.] PART I. Unhealthy Areas. 2. In this part of this Act — The expression "this part of this Act" includes any confirming Act, and The expression "the Acts relating to nuisances" means — as respects the county of London and city of London, the Nuisances Removal Acts as defined by the Sanitary Act, 1866, and any Act amending these Acts ; and as respects any urban sanitary district in England the Public Health Acts ; and in the case of any of the above-mentioned areas, includes any local Act which contains any provisions with respect to nuisances in that area. [Note.— For definition of " street," see section 48, Act of 1909.] 3. This part of this Act shall not apply to rural sanitary districts. Scheme by Local Authority. 4. [As amended by section 22 of the Act of 1909.] Where an official representation as hereinafter mentioned is made to the local authority that within a certain area in the district of such authority either — (a) any houses, courts, or alleys are unfit for human habitation, or (b) the narrowness, closeness, and bad arrangement, or the bad ' condition of the streets and houses or groups of houses within such area, or the want of light, air, ventilation, or proper conveniences, or any other sanitary defects, or one or more of such causes, are dangerous or injurious to the health of the inhabitants either of the buildings in the said area or of the neighbouring buildings ; and that the [most satisfactory method of dealing with the evils connected with such houses, courts, or alleys and the sanitary defects in such area is] an improvement scheme for the re-arrangement and reconstruction of the streets and houses within such area, or of some of such streets or houses, the local authority shall take such representation into their consideration, and if satisfied of the truth 90 THE. HOUSING AND TOWN PLANNING ACTS AS AMENDED. thereof, and of the sufficiency of their resources, shall pass a reso- lution the effect that such area is an unhealthy ai:ea, and that an improvement scheme ought to be made in respect of such area, and after passing such resolution tliey shall forthwith proceed to make a scheme for the improvement of such area. Provided always, that any number of such areas may be in- cluded in one improvement scheme. [Note. — The Ministry can now rectuire a local authority to make a scheme irrespective of the suiEciency of their resources — see section 5, Act of 1919.] 5. — (1) An official representation for the purposes of this part of this Act shall mean a representation made to the local authority by the medical officer of health of that authority, and in London made either by such officer or by any medical officer of health in London. (2) [As amended by the Second Schedule, Act of 1919.] A medical officer of health shall make such representation whenever he sees cause to make the same ; and if [any] justice of the peace acting within the district for which he acts as medical officer of health, or [six] or more persons liable to be rated to the local rate complain to him of the unhealthiness of any area within such district, it shall be the duty of the medical officer of health forthwith to inspect such area, and to make an official representation stating the facts of the case, and whether in his opinion the said area or any part thereof is an unhealthy area or is not an unhealthy area. 6. — (1) The improvement scheme of a local authority shall be accompanied by maps, particulars, and estimates, and (a) [as amended by the Sixth Schedule, Act of 1909] may exclude any part of the area in respect of which an official repre- sentation is made, or include any neghbouring lands, if the local authority are of opinion that such exclusion is ex- pedient or inclusion is necessary for making their scheme efficient ; and (b) may provide for widening any existing appi'oaches to the un- healthy area or otherwise for opening out the same for the purposes of ventilation or health ; and (c) shall provide such dwelling accommodation, if any, for the working classes displaced by the scheme as is required to comply with this Act ; and (d) shall provide for proper sanitary arrangement; 'and' (e) [added to the text by section 23 (1), Act of 1909] [may provide for any other matter (including the closing and diversion of highways) for which it seems expedient to make provision with a view to the improvement of the area or the general efficiency of the scheme.] (2) The scheme shall distinguish the lands i)roposed to be taken compulsorily. (3) [As amended by Second Schedule, Act of 1919.] The scheme may also provide for the scheme or any part thereof being carried out and effected by [finy person having such interest in any property comprised in the scheme as may be sufficient to enable him to carry out and effect the same] under tlie sui)erintendence and con- THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 91 trol of the local authority, and upon such terms and conditions to be embodied in the scheme as may be agreed upon between the local authority and such person. Confirmation of Sclievie. 7. Upon the completion of an improvement scheme the local authority shall [forthwith ["forthwith" inserted by Second Sche- dule. Act of 1919]— (a) [as amended by Second Schedule, Act of 1919] publish, in [a] newspaper circulating within the district of the local autho- rity, an advertisement stating the fact of a scheme having been made, the limits of the area comprised therein, and naming a place within such area or in the vicinity thereof where a copy of the scheme may be seen at all reasonable hours ; and (b) [as amended by Second Schedule, Act of 1919] serve a notice on every owner or reputed owner, lessee or reputed lessee, and occupier [except tenants for a month or a less period than a month] of any lands proposed to be taken compulsorily, so far as such persons can reasonably be ascertained, stating . . that such_ lands are proposed to be taken compulsorily for the purpose of an improvement scheme, and in the case of any owner or reputed owner, lessee or reputed lessee, i*e- quiring an • answer stating whether the person so served dissents or not in respect of taking such lands ; (c) Such notice shall be served — (i.) by delivery of the same personally to the person re- quired to be served, or if such person is absent abroad, or cannot be found, to his agent, or if no agent can be found, then by leaving the same on the premises ; or, (ii.) by leaving the same at the usual or last known place of abode of such person as aforesaid ; or, (iii.) by post addressed to the usual or last known place of abode of such person. (d) one notice addressed to the occupier or occupiers without naming him or them, and left at any house, shall be deemed to be a notice served on the occupier or on all the occupiers of any such house. 8. — (1) [As amended by the Statute Law Revision Act, 1908.] Upon compliance with the foregoing provisions with respect to the publication of an advertisement and the service of notices, the local authority shall present a petition to the Local Government Board, praying that an order may be made confirming such scheme. (2) [As amended by the Statute Law Revision Act, 1908.] The petition shall be accompanied by a copy of the scheme, and shall state the names of the owners or reputed owners, lessees or re- puted lessees, who have dissented in respect of the taking their lands, and shall be supported by such evidence as the Local Govern- ment Board, in this part of this Art referred to as the confirming authority), may from time to time require. (3) If, on consideration of the petition and on proof of the publica- tion of the proper advertisements and the service of the proper notices, the confirming authority think fit to proceed with the 92 THE HOUSIKG AND TOWN PLANNING ACTS AS AMENDED. case, they sliall direct a local- inquiry to be held in, or in the vicinity of, the area comprised in the scheme, for the purpose of ascertaining the correctness of the official representation made as to the area and the sufficiency of the scheme provided for its improve- ment, and any local objections to be made to such scheme. ' (4) After receiving the report made upon such inquiry, the con- firming authority may make a provisional order declaring the limits of the area comprised in the scheme and authorising such scheme to be carried into execution. (5) [As amended by Second Schedule, Act of 1919.] Such pro- visional order may be made either absolutely or with such condi- tions and modifications of the scheme as the confirming authority may think fit, so that no addition be made to the lands proposed in the scheme to be taken compulsorily, and it shall be the duty of the local authority to serve a notice] of any provisional order so made in the manner and upon the persons in v?hich and upon whom notices in respect of lands proposed to be taken compulsorily are re- quired by this part of this Act to be served. (6) [Repealed by Sixth Schedule, Act of 1909.] (7) The confirming authority may make such order as they think fit in favour of any person whose lands were proposed by the scheme to be taken compulsorily for the allowance of the reasonable costs, charges, and expenses properly incurred by him in opposing such scheme. (8) All costs, charges, and expenses incurred by the confirming authority in relation to any provisional order under this part of this Act shall, to such amount as the confirming authority think proper to direct, and all costs, charges, and expenses of any person to such amount as may be allowed to him by the confirming autho- rity in pursuance of the aforesaid power, shall be deemed to be an expense incurred by the local authority under this part of this Act, and shall be paid to the confirming authority and to such person respectively, in such manner and at such times and either in one sum or by instalments as the confirming authority may order, with power for the confirming authority to direct interest to be paid at such rate not exceeding five pounds in the hundred by the year as the confirming authority may determine, upon any sum for the the time being due in respect of such costs, charges, and expenses as aforesaid. (9) Any order made by the confirming authority in pursuance of this section may be made a rule of a superior court, and be en- forced accordingly. [Note.—" Provisional Order " includes an order which takes effect with- out Parliamentary sanction. (Section 5 (3), Act of 1903.)] 9. [Repealed by Sixth Schedule, Act of 1909.] 10. Where an ofl&cial representation is made to the local autho- rity with a view to their passing a resolution in favour of an im- provement scheme, and they fail to pass any resolution in relation to such representation, or pass a resolution to the effect that they will not proceed with such scheme, the local authority shall, as soon as' possible, send a copy of the official representation, accom- panied by their reasons for not acting upon it, to the confirming authority, and, upon the receipt thereof, the confirming authority THB HOUSING AND TOWN I'LANNING ACTS AS AMENDED. 93 may direct a local inquiry to be held, and a report to be made to them with respect to the correctness of the official representation made to the local authority, and any matters connected therewith on which the confirming authority may desire to be informed. [Note.— See section 4, Act of 1903.] [Note. — For power of the Local Government Board to act in default, see section 11, Act of 1909, and section 5, Act of 1919.] Provision of Dwelling Accomviodation for Working Classes displaced by Scheme. 11.— (1) [Repealed by section 30, Act of 1919.] (2) [As amended by section 33, Act of 1919.] [A scheme] shall, if the confirming authority so require (but it shall not otherwise be obligatory on the local authority so to frame their scheme), provide for the accommodation of such number of those persons of the work- ing classes displaced in the area with resp'ect to which the scheme is proposed in suitable dwellings to be erected in such place or places either within or without the limits of the same area as the said authority on a report made by the officer conducting the in- quiry may require. Execution of Scheme by Local Authority. 12. — (1) [As amended by Second Schedule, Act of 1919.] When the confirming Act authorising any improvement scheme of a local authority under this part of this Act has been passed by Parlia- ment, it shall be the duty of that authority to take steps for pur- chasing the lands required for the scheme, and otherwise for carrying the scheme into execution as soon as practicable. [Pro- vided that the local authority shall not be required to acquire any leasehold interest in dny property comprised in a scheme which can be allowed to expire without unduly delaying the execution of the scheme.] [Note — No confirming Act of Parliament is now required.] (2) They may sell or let all or any part of the area comprised in the scheme to any purchasers or lessees for the purpose and under the condition that such purchasers or lessees will, as respects the land so purchased by or leased to them, carry the scheme into execu- tion ; and in particular' they may insert in any grant or lease of any part of the ai'ea provisions binding the grantee or lessee to build thereon as in the grant or lease prescribed, and to maintain and repair the buildings, and prohibiting the division of buildings, and any addition to or alteration of the character of buildings without the consent of the local authority, and for the re-vesting of the land in the local authority, or their re-entry thereon, on breach of any provision in the grant or lease. (3) The local authority may also engage with any body of trustees, society, or person, to carry the whole or any part of such scheme into effect upon such terms as the local authority may think expedient, but the local authority shall not themselves, with- out the expi-ess approval of the confirming authority, undertake the rebuilding of the houses or the execution of any part of the scheme, except that they may take down any or all of the buildings upon the area, and clear the whole or any part thereof, and may lay out, 94 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. form, pave, sewer, and complete all such streets upon the land purchased by them as they may think fit, and all streets so laid out and completed shall thenceforth be public streets, repairable by the same authority as other streets in the district. (4) Provided that in any grant or lease of any part of the area which may be appropriated by the scheme for the erection of dwellings for the working classes the local authority shall impose suitable conditions and restrictions as to the elevation, size, and design of the houses, and the extent of the accommodation to be afforded thei-eby, and shall make due provision for the maintenance of proper sanitary arrangements. (5) [Repealed by Sixth Schedule, Act of 1909.] (6) [As amended by Second Schedule, Act of 1919.] The local authority may, where they think it expedient so to do, without themselves acquiring the land, or after or subject to their acquiring any part thereof, contract with [any person having such interest in an improvement scheme as may be sufficient to enable him to carry out and effect the same] for the carrying of the scheme into effect by him in respect of such land. 13. If within five years after the removal of any buildings on the land set aside by any scheme authorised by a confirming Act as sites for working men's dwellings, the local authority have failed to sell or let such land for the purposes prescribed by the scheme, or have failed to make arrangements for the erection of the said dwellings, the confirming authority may order the said land to be sold by public auction or public tender, with full power to fix a reserve price, subject to the conditions imposed by the scheme, and to any modifications thereof which may be made in pursuance of this part of this Act, and to a special condition on the part of the purchaser to erect upon the said land dwellings for the working ' classes, in accordance with plans to be approved by the local autho- rity, and subject to such other reservations and regulations as the confirming authority may deem necessary. 14. [Repealed by Fifth Schedule,Act of 1909.] 15. — (1) The confirming authority, on application from the local authority, and on its being proved to their satisfaction that an improvement can be made in the details of any scheme authorised by a confirming Act, may permit the local authority to modify any part of their improvement scheme which it may appear inexpedient to carry into execution, but any part of the scheme respecting the provision of dwelling accommodation for persons of the working class, when so modified, shall be such as might have been inserted in the original scheme. [Note — See, further, section 25, Act of 1909.] (2) [Repealed by Sixth Schedule, Act of 1909.] Inquiries with respect to Unhealthy Areas. 16.— (1) [As amended by Second Schedule, Act of 1919.] Where in any district [complaint has been made] to a medical officer of health of the unlieaUliiness of any area within that district [by any person or persons competent under the foregoing provisions of this Act to make such complaint], and the medical officer of health has failed to inspect such area, or to make an official representation TH0 HOUSINQ AND TOWN PLANNING ACTS AS AMENDED. 95 with, respect thereto, or has made an official representation to the effect that in his opinion the area is not an unhealthy area, such [complainant or complainants as the case may be] may appeal to the. confirming authority, and the confirming authority [may] appoint a legally qualified medical practitioner to inspect such area, and to make representation to the confirming authority, stating the facts of the case, and whether, in his opinion, the area or any part thereof is or is not an unhealthy area. The representation so made shall be transmitted by the confirming authority to the local autho- rity, and if it states that the area is an unhealthy area the local authority shall proceed therein in the same manner as if it were an official representation made to that authority. [Note. — As to complainant or complainants, see section 5 (2) of this Act, and section 4 (2), Act of 1903. The confirming authority may now utilise the county medical of&cer to hold the inspection, if the representation respects a county district and is that the local authority have failed to exercise their power — see section 6, Act of 1919.] (2) The confirming authority shall make such order as to the costs of the inquiry as they think just, with power to require the whole or any part of such costs to be paid by the appellants where the medical practitioner appointed is of opinion that the area is not ■ an unhealthy area, and to declare the whole or any part of such costs to be "payable by the local authority where he is of opinion that the area or any part thereof is an unhealthy area. (3) Any order made by the confirming authority in pursuance of this section may be made a rule of a superior court and be en- forced accordingly. 17, 18 and 19. [Repealed by Sixth Schedule, Act of 1909.] Acquisition of Land. 20. The clauses of the Lands Clauses Acts, with respect to the purchase and taking of lands otherwise than by agreement shall not, except to the extent set forth in the Second Schedule to this Act, apply to any lands taken in pursuance of this part of this Act, but save as aforesaid the said Lands Clauses Acts, as amended by the provisions contained in the said schedule, shall regulate and apply to the purchase and taking of lands, and shall for that purpose be deemed to form part of this part of this Act in the same manner as if they were enacted in the body thereof ; subject to the provi- sions of this part of this Act and to the provisions following : that is to say, , (i.) This part of this Act shall authorise the taking by agree- ment of any lands which the local authority may require for the purpose of carrying into effect the scheme authorised by any confirming Act, but it shall authorise the taking by the exercise of any compulsory powers of such lands only as are proposed by the scheme in the confirming Act to be taken compulsorily : [Note, — No confirming Act is now required.] (ii.) In the construction of the Lands Clauses Acts, and the pro- visions in the Second Schedule to this Act, this part of this Act shall be deemed to be the special Act, and the local authority shall be deemed to be the promoters of the under- 96 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. taking ; and the period after which the powers for the com- pulsory purchase or taking of lands shall not be exercised shall be three years after the passing of the confirming Act. 21. — (1) Whenever the compensation payable in respecij of anj^ lands or of anj^ interests in any lands proposed to be taken' compul- sorily in pursuance of this part of this Act requires to be assessed — [Note. — The following piovisions of this section now cease to apply so far as they are inconsistent or in coniiict with section 9 of the Act of 19l9.] (a) the estimate of the value of such lands or interests shall be based upon the fair market value, as estimated at the time of the valuation being made of such lands, and of the several interests in such lands, due regard being had to the nature and then conditions of the property, and the pro- bable duration of the buildings in their existing state, and to the state of repair thereof, without any additional allow- ance in respect of the compulsory purchase of an area or of any part of an area in respect of which an official represen- tation has been made, or of any lands included in a scheme which, in the opinion of the arbitrator, have been so included as falling under the description of property which may be constituted an unhealthy area under this part of this Act ; and (b) in such estimate any addition to or improvement of the pro- perty made after the date of the publication in pursuance of this part of this Act of an advertisement stating the fact of the improvement scheme having been made shall not (unless such addition or improvement was necessary for the main- tenance of the property in a proper state of repair) be in- cluded, nor in the case of any interest acquired after the said date shall any separate estimate of the value thereof be made so as to increase the amount of compensation to be paid for the lands ; and (2) On the occasion of assessing the compensation payable under any improvement scheme in respect of any house or premises situate within an unhealthy area evidence shall be receivable by the arbi- trator to prove — [Note. — A.s to the word " evidence " above, see section 29 of 1909 Act.l (Ist) that the rental of the house or premises was enhanced by reason of the same being used for illegal purposes or being so overcrowded as to be dangerous or injurious to the health of the inmates ; or (2ndl.y) that the house or premises are in such a condition as to be a nuisance within the meaning of the Acts relating to nuisances, or are in a state of defective sanitation, or are not in reasonably good repair ; or (3rdly) that the house or premises are unfit, and not reasonably capable of being made fit. for human habitation ; and. if the arbitr(itor is satisfied by such evidence, then the com- pensation — (a) shall in the first case so far as it is based on rental be based on the rental which would have been obtainable if the house or premises were occupied for legal purposes and only THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 97 by the number of pex'sons whom the house or premises were under all the cifcumstances of the rase fitted to accommo- date without such overcrowding as is dangerous or injurious to the health of the inmates ; and (b) shall in the second case be the amount estimated as the value of the house or premises if the nuisance had been abated, or if they had been put into a sanitary condition, or into reasonably good repair, after deducting the estimated ex- pense of abating the nuisance, or putting them into such con- dition or rejjair, as the case may be ; and (c) shall in the third case be the value of tlie land, and of the materials of the building thereon. 22. Upon the purchase by the local authority of any lands re- quired for the purpose of carrying into effect any scheme, all rights of way, rights of laying down or of continuing any pipes, sewers, or drains on, through, or under such lands, or jjart thereof, and all other rights or easements in or relating to such lands, or any part thereof, shall be extinguished, and all the soil of such ways, and the property in the pipes, sewers, or drains, shall vest in the local authority, subject to this provision, that compensation shall be paid by the local authority to any persons or bodies of persons proved to have sustained loss by this section, and such compen- sation shall be determined in the manner in which compensation for lands is determinable under this part of this Act, or as near thereto as circumstances admit. [Note — See, further, section 27, Act of 1909. l 23. [As amended by Second Schedule, Act of 1909.] A local autho- rity may, for the purpose of providing accommodation for persons of the working classes displaced [in consequence of] any improvement scheme, appropriate any lands for the time being belonging to them which are suitable for the purpose, or may purchase by agreement any such further lands as may be convenient. Expenses. 24. — (1) The receipts of a local authority under this part of this Act shall form a fund (in this Act referred to as " the Dwelling- house Improvement Fund "), and their expenditure shall be de- frayed out of such fund. (2) The moneys required in the first instance to establish such fund, and any deficiency for the purposes of this part of this Act from time to time appearing in such fund by reason of the excess of expenditure over receipts, shall be supplied out of the local rates or out of mone^^s borrowed in pursuance of this Act. [Note. — As to this clause, see, further, section 30, Act of 1909.] (3) In settling any accounts of the local autliority in respect of any transactions under this pai't of this Act, care shall be taken that as far as may be practicable all expenditure shall ultimately be defrayed out of the property dealt with under this part of this Act ; and any balances of profit made by the local authority under this part of this Act shall be applicable to any purposes to which the local rate is for the time being applicable. (4) Any limit imposed on or in respect of local rates by any H 98 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. other Act of Parliament shall not apply to any rate required to be levied for the purpose of defraying any expenses under this part of this Act. (5) The local authority may carry to the account of the Dwelling- house Improvement Fund any such money or produce of any pro- perty, as is legally applicable to purposes similar to the purposes of this part of this Act ; and in case of doubt as to whether, in any particular case, the purposes are so similar the confirming autho- rity may decide such doubt, and such decision shall be conclusive. 25. — (1) A local authority may, in manner in this section men- tioned, borrow such money as is required for the purposes of this part of this Act on the security of the local rate. (2) For the purpose of such borrowing, the London County Council may, with the assent of the Treasury, create consolidated stock under the Metropolitan Board of Works Loans Acts, 1869 to 1871, but all moneys required for the payment of the dividends on and the redemption of the consolidated stock created for the pur- poses of this part of this Act shall be charged to the special county account to which the expenditure for the purposes of this part of this Act is chargeable. (3) For the purpose of such borrowing, the Commissioners of Sewers for the City of London may borrow and take up at interest such money on the credit of the local rates, or any of them, as they may require for the purposes of this part of this Act, and may mort- gage any such rate or rates to the persons by or on behalf of whom such money is advanced for securing tne repayment to them of the sums borrowed, with interest thereon, and for the pur- poses of any mortgages so made by the Compiissioners of Sewers, the clauses of the Commissioners Clauses Act, 1847, with respect to the mortgages to be executed by the Commissioners shall be in- corporated with this part of this Act ; and in the construction of that Act "the special Act" shall mean this part of this Act; "the commissioners" shall mean the Commissioners of Sewers; "the clerk of the commissioners " shall include any officer appointed for the purpose by the Commissioners of Sewers by this part of this Act ; and the mortgages [mortgagees] or assignees of any mortgage made as last aforesaid may enforce payment of the arrears of prin- cipal and interest due to them by the appointment of a receiver. (4) For the purpose of such borrowing, the urban sanitary autho- rity shall have the same power of borrowing as they have under the Public Health Acts for the purpose of defraying any expenses incurred by them in the execution of those Acts. (5) [As amended by Sixth Schedule, Act of 19091. Tlie Public Works Loan Commissioners may, on the recommendation of the con- firming authority, lend to any local authority any money required by them for purposes of this part of this Act, on the security of the local rate. [Note. — As to loans by the Commissioners, see, further, sections 1 (1) and 15, Act of 1903. section 3, Act of 1909, and section 7 (2), Act of 1919.] General Provisions. 26. In case of the illness or unavoidable absence of a medical officer of health, the authority, board, or vestry who appointed him THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 99 may (subject to the approval of the confirming authority) appoint a duly qualified medical practitioner, for the period of six months or any less period to be named in the appointment. 27 and 28. [Repealed by Sixth Schedule, Act of 1909.] PART II. Unhealthy Dwelling-Houses. Preliminary. 29. lA this part of this Act, unless the context otherwise re- quires — The expression "street" includes any court, alley, street, square, or row of houses : a The expression "dwelling-house" [definition amended by section 49, Act of 1909] includes any yard, garden, outhouses, and appurtenances belonging thereto or usually enjoyed therewith, and includes the site of the dwelling-house as so defined ; For the expression "owner," [now see section 49 (2), Act of 1909] The expression "closing order" means an order prohibiting the use of premises for human habitation made under the enact- ments set out in the Third Schedule in this Act. Buildings tinfit for Human Habitation. 30. It shall be the duty of the medical officer of health of every district to represent to the local authority of that district any dwelling-house which appears to him to be in a state so dangerous or injurious to health as to be unfit for human habitation. Note. — The local authority themselves are obliged to inspect their dis- tricts (section 17, Act of 1909). As to sleeping rooms to be considered dangerous or injurious to health, see section 17 (7), Act of 1909. For pro- hibition of back-to-back houses, see section 43, Act of 1909.] 31. — (1) [As amended by Second Schedule, Abt of 1919]. [If any justice of the peace acting for a district, or any member of the local authority, or any four or more householders in a district] complain in writing to the medical officer of health of that district that any dwelling-house is in a condition so dangerous or injurious to health as to be unfit for human habitation, he shall forthwith inspect the same, and transmit to the local authority the said complaint, to- gether with his opinion thereon, and if he is of opinion that the dwelling-house is in the condition aforesaid, shall represent the same to the local authority, but the absence of any such complaint shall not excuse him from inspecting any dwelling-house and making a representation thereon to the local authority. (2) If within three months after receiving the said complaint and opinion or representation of the medical oflicer, the local autho- rity, not being in the administrative county of London, or not being a rural sanitary authority in any other county, declines or neglects to take any proceedings to put this part of this Act in force, the householders {sic — originally it was only householders who could make a complaint under scheme 1. Clause 2 has not been amended 100 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. in keeping with Clause 1. Compare " complainant or complainants," section 16], who signed such complaint may petition the Local Government Board for an inquiry, and the said Board after causing an inquiry to be held may order the local authority to proceed under this part of this Act, and such order shall be binding on the local authority. [Note. — For powers of Ministry of Health to enforce this Part of this Act, see now sections 10 and 11, Act of 1909, and section 5, Act of 1919. For powers of county councils as respects rural districts, see section 45 of this Act, fosi.J Closing Order and Demolition. 32 and 33. [Repealed by Sixth Schedule, Act of 1909. Now see section 17 and 18. Act of 1909.] 34.— <1) [As amended by Second Schedule, Act of 1909.] Where an order for the demolition of a building has been made, the owner thereof shall within three months after the [order becomes operative] proceed to take down and remove the building, and if the owner fails therein the local authority shall proceed to take down and remove the building and shall sell the materials, and after deduct- ing the expenses incident to such taking down and removal, pay over the balance of money (if any) to the owner. [Note, — In case of a deficiency after sale, see section 9, Act of 1903.] (2) Where a building has been so taken down and removed, no house or other building or erection which will be dangerous or in- jurious to health shall be erected on all or any part of the site of such building ; and if any house, building, or ex'ection is erected contrary to the provisions of this section, the local authority may at any time order the owner thereof to abate the same, and in the event of non-compliance with the order, may at the expense of the owner abate or alter the same. 35. — (1) [As amended by Second Schedule, Act of 1909.] Any person aggrieved by an order of the local authority under this part of this Act, may [if he is not entitled to appeal to the Local Govern- ment Board against the owner] appeal against the same to a court of quarter sessions, and no work shall be done nor proceedings taken under any order until after the appeal is determined or ceases to be prosecuted ; and section thirty-one of the Summary Jurisdiction Act, 1879, respecting appeals from courts of sum'maiy jurisdiction to courts of quarter sessions shall apply with the necessary modifi- cations as if the order of the local authority Avere an order of a court of summary jurisdiction. (2) Provided that— (a) Notice of appeal may be given within one month after notice of the order of the local authority has been served on such person ; (b) The court shall, at the request of either party^ state the facts specially for the deteiTnination of a superior court, in which case the proceedings may be removed into that court. [Note.— For appeal to the Ministry of Health, now see .section 17 (3) and (6), and section 18 (4), Act of 1909.J 36. — (1) Where any owner has completed in respect of any dwel- ling-house any works required to be executed by an order of a local THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 101 authority under this part of this Act, he may apply to the local authority for a chai'ging order, and shall produce to the local autho- rity the certificate of their surveyor or engineer that the works have been executed to his satisfaction, and also the accounts of and vouchers for the costs, charges, and expenses of the works, and the local authority, when satisfied that the owner has duly executed such works and of the amount of such costs, chai'ges, and expenses, and of the costs of obtaining the charging order which have been properly incurred, shall make and order accordingly, charging on the dwelling-house an annuity to repay the amount. (2) The annuity charged sliall be a sum of six pounds for every one hundred jjounds of the said amount and so in proportion for any less sum, and shall commence from the date of the order, and be payable for a term of thirty years to the owner named in such order, his executors, administrators, or assigns. (3) Every such annuity may be recove]-ed by the person for the time being entitled to it by the same means and in the like manner in all respects as if it were a rentcharge granted by deed out of the dwelling-house by the owner thereof. [Note — Provision is mo/de for redemption in section 19, Act of 1909.] (4) Charging orders made under this section shall be made accord- ing to the Form marked A. in the Fifth Schedule to this Act, or as near thereto as the circumstances of the case will admit. [Note. — The Fifth Schedule is now repealed by the Sixth Schedule, Act of 1909. Forms are now prescribed by the Ministry of Health — see sectioii 41. Act of 1909.] 37. — (1) Every charge created by a charging order under this part of this Act shall be a charge on the dwelling-house specified in the order having priority over all existing and future estates, in- terests, and incumbrances, with the exception of quitrents and other charges incident to tenure, tithe commutation rentcharge, and any charge created under any Act authorising advances of public money ; and where more charges than one are charged under this part of this Act on any dwelling-house such charges shall, as be- tween themselves, take order according ^o their respective dates. [Note. — As to priority of charges, see section 20, Act of 1909.] (2) A charging order shall be conclusive evidence that all notices, acts, and proceedings by this part of this Act directed with ^refer- ence to or consequent on the obtaining of such order, or the making of such charge, have been duly served, done, and taken, and that such charge has been duly created, and that it is a valid charge on the dwelling-house declared to be subject thereto. (3) Every such charging order, if it relates to a dwelling-house in the area to which the enactments relating to the registration of land in Middlesex apply or to a dwelling-house in Yorkshire, shall be registered in like manner as if the charge were made by deed by the absolute owner of the dwelling-house. (4) Copies of the charging order and of the certificate of the sur- veyor or engineer, and of the accounts as passed by the local authority, certified to be true copies by the clerk of the local autho- rity, shall within six months after the date of the order be deposited with the clerk of the peace of the county in which the dwelling-house is situate, and be by him filed and recorded. 102 THE HOlfSING AND TOWN PLANNING ACTS AS AMENDED. (5) The benefit of any such charge may be from time to time trans- ferred in like manner as a mortgage or rentcharge may be trans- ferred. Any transfer may be in the Form marked B. in the Fifth Schedule to this Act, or in any other convenient form. [Note.— See Note to section 36 (4).] Obstructive Buildings. 38. — (1) If a medical officer of health finds that any building within his district, although not in itself unfit for human habitation, is so situate that by reason of its proximity to or contact with any other buildings it causes one of the following effects, that is to say,— (a) [As amended by Second Schedule, 1909.] It stops [or impedes] ventilation, or otherwise makes or conduces to make such other buildings to be in a condition unfit for human habita- ' tion or dangerous or injurious to health; or (b) It prevents proper measures from being carried into effect for remedying any nuisance injurious to health or other evils complained of in respect of such other buildings : in any such case, the medical officer of health shall represent to the local authority the particulars relating to such first-mentioned build- ing (in this Act referred to as "an obstructive building") stating that in his opinion it is expedient that the obstructive building should be pulled down. (2) [As amended by Second Schedule, Act of 1919.] [Any justice of the peace acting for a district, or any member of the local autho- rity, or] any four or more inhabitant householders of a district may make to the local authority of the district a representation as re- spects any building to the like effect as that of the medical of&cer under this section. (3) The local authority on receiving any such representation as above in this section mentioned shall cause a report to be made to them respecting the circumstances of the building and the cost of pulling down the building and acquiring the land, and on receiving such report shall take into consideration the representation and report, and if they decide to proceed, shall cause a copy of both the representation and report to be given to the owner of the lands on which the obsti-uctive building stands, with notice of the time and place appointed by the local authority for the consideration thereof ; and suoli owner shall be at liberty to attend and state his objections, and after hearing such objections the local authority shall make an order either allowing the objection or directing that such obstructive building shall be pulled down, and such order shall be subject to appeal in like manner as an order of demolition of the local authority under the foregoing provisions of this part of this Act. (4) Where an order of the local authority for pulling down an obstructive building is made under this section and either no appeal is made against the order, or an appeal is made and either fails or is abandoned, the local authority shall be authorised to purchase the lands on wliich the obstructive building is erected in like manner as if they had been authorised by a spec'ial Act to purchase the same ; and for the purpose of such purchase the provisions of the Lands Clauses Acts, with respect to the purchase and taking of THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 103 lands otherwise than by agreement shall be deemed to be incorpor- ated in this part hi this Act (subject nevertheless to the provisions of this part of this Act), and for the purpose of the provisions of the Lands Clauses Acts this part of this Act shall be deemed to be the special Act, and the local authority to be the promoters of the undertaking, and such lands may be purchased at any time within one year after the date of the order, or if it was appealed against after the date of the confirmation. (5) The owner of the lands may within one month after notice to purchase the same is served upon him declare that he desires to retain the site of the obstructive building and undertake either to pull down or to permit the local authority to pull down the obstruc- tive building, and in such case the owner shall retain the site and shall receive compensation from the local authority for the pulling down of the obstructive building. [Note. — The one month may be extended by court of eumniary jurisdic- tion — see section 47 (3).] (6) The amount of such compensation, and also the amount of any compensation to be paid on the purchase of any lands under this .section, shall in ca^e of difference be settled by arbitration in manner provided in this part of this Act. [Note.— See section 28, Act of 1909.] (7) [As amended by Second Schedule, Act of' 1909.] Where the local authority is empowered to purchase land compulsorily, it shall not be competent for the owner of a house or other building or manufactory] to insist on his entire holding being taken, where part only is proposed to be taken as obstructive, and where such part proposed to be taken can, in the opinion of the arbitrator to whom the question of disputed compensation is submitted, be severed from the remainder of the house [or other building] or manufactory with- out material detriment thereto, provided that compensation may be awarded in respect of the severance of the part so proposed to be taken in addition to the value of that part. (8) Where in the opinion of the arbitrator the demolition of an obstructive building adds to the value of such other buildings as are in that behalf mentioned i^i this section, the arbitrator shall appor- tion so much of the compensation to be paid for the demolition of the obstructive building as may be equal to the increase in value of the other buildings amongst such other buildings respectively, and the amount apportioned to each other building in respect of its increase in value by reason of the demolition of such obstructive building shall be deemed to be private improvement expenses incurred by the local authority in respect of such building, and such local authority may, for the purpose of defraying such expenses, make and levy improvement rates on the occupier of such premises accordingly ; and the provisions of the Public Health Acts relating to private im- provement expenses and to private improvement rates, shall so far as circumstances admit, apply accordingly in the same manner as if such provisions were incorporated in this Act. [Note.— See, further, section 28 (2), Act of 1909.] (9) If any dispute arises between the owner or occupier of any building (to which any amount may be apportioned in respect of private improvement expenses) and the arbitrator by whom such 104 THE HOUSING ANT) TOWN PLANNING ACTS AS AMENDED. apportionment i^ made, such dispute shall be settled by two justices in manner provided by the Lands Clauses Acts, in cases where the compensation claimed in respect of lands does not exceed fifty pounds. (10) Where the owner retains the site or any part thereof, no house or other building or erection which will be daiigerous or in- jurious to health, or which will be an obstructive building within the meaning of this section, shall be erected upon such site or any part thereof ; and if any house, building, or erection is erected on the site contrary to the provisions of this section the local authority may at any time order the owner to abate or alter the said house, building, or erection j and in the event of non-compliance with such order may, at the expense of the owner thereof, abate or alter the same. (11) "Wliere the lands are purchased by the local authority the local authority shall pull down the obstructive building, or such part thereof as may be obstructive within the meaning of this section, and keep as an open space the whole site, or such part thereof as may be required to be kept open for the jDurpose of remedying the nuisanc-e or other evils caused by such obstructive building, and may, with the assent of the Local (jovemment Board, and upon such terms as that Board think expedient, sell such por- . tion of the site as is not required for the purpose of carrying this section into effect [Note. — There is no obligation to sell such surplus land — see section 40, Act of 1909.] (12) A local authority may, where they so think fit, dedicate any land acquired by them nnder the authority of this section as a highway or other public place. Scheme for Reconstruction. 39. — (1) In any of the following cases, that is to say, — (a) where an order for the demolition of a building has been made in pursuance of this part of this Act, and it appears to the local authority that it would be beneficial to the health of the inhabitants of the neighbouring dwelling-houses if the area of the dwelling-house of which such building forms part were used for all or any of the following purposes, that is to say, either — (i.) dedicated as a highway or open space, or (ii.) appropriated, sold, or let for the erection of dwellings for the working classes, or (iii.) exchanged with other neighbouring land which is more suit- able for the erection of such dwellings, and on exchange will be appropriated, sold, or let for such erection ; or (b) where it appears to the local authority that the closeness, narrowness, and bad arrangement or bad condition of any buildings, or the want of light, air, ventilation, or proper conveniences, or any other sanitary defect in any buildings is dangerous or prejudicial to the health of the inhabitants either of the said buildings or of the neighbouring buildings, and that the demolition or the reconstruction and re-arrange- THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 105 ment of the said buildings or of some of them is necessary to remedy the said evils, and that the area comprising those buildings and the yards, outhouses, and ajDpurtenances thereof., and the site thereof, is too small to be dealt with as an unhealthy area under Part I. of this Act, the local authority shall pass a resolution to the above effect and direct a scheme to be prepared for the improvement of the said area. [Note. — Neighbouring land may be included in a scheme — see section 7, Act of 1903. Provision may be made in the scheme for any matters for • which provision may be made in a scheme urlder Part I. — see section 23 (2), Act of 1909. Land may be acquired in advance — see section 13, Act oi 1919.] (2) Notice of the scheme may at any time ^ter the preparation thereof be served in manner provided in Part I. of this Act with respect to notices of lands proposed to be taken compulsorily under a scheme made in pursuance of that jaart of this Act, on "every owner or reputed owner, lessee or reputed lessee, and occupier of any part- of the area comprised in the scheme, so far as those persons can reasonably be ascertained. (3) The local authority shall, after service of such notice, petition the Local Government Board for an order sanctioning the scheme, and the Board may cause a local inquiry to be held, and, if satisfied on the report of such local inc[uiry that the carrying into effect of the scheme either absolutely, or subject to conditions or modifi- cations would be beneficial to the health of the inhabitants of the said* buildings or of the neighbouring dwelling-houses, may by order sanction the scheme with or without such conditions or modifi- cations. (4) [As amended by Sixth Schedule, Act of 1909.] Upon such order being made, the local authority may purchase the area com- prised in the scheme as so sanctioned. (5) and (6) [Repealed by Sixth Schedule, Act of 1909.] (7) The order may incorporate the i^rovisions of the Lands Clauses Acts, and for the purpose of those provisions this Act shall be deemed to be the special Act, and the local authority to be the promoters of the undertaking, and the area shall be acquired within three years after the date of the confirmation of the order : Provided that the amount of compensation shall, in case of difference, be settled by arbitration in manner provided by this part of this Act. (8) [As amended by Second and Sixth Schedules. Act of 1909.] Tlie provisions of Part I. of this Act relating to the duty of a local authority to carry a scheme when confirmed into execution, [to the power of the Local Government Board to enforce that duty], to the completion of a scheme on failure by a local authority, and to the extinction of rights of way and other easements, shall, with the necessary modifications, apply for the purpose of any scheme under this section in like manner as if it were a scheme under Part I. of this Act. [Note.— See sections 12 (1), 8 (9). 10, 13. and 22.] (9) The Local Government Board, on being satisfied by the local authority that an improvement can be made in the details of any scheme under this section, may by order permit the local authority to modify any part of the scheme which it may appear inexpedient 106 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. to carry into execution : [Remainder of clause repealed by Sixth Schedule, Act of 1909.] [Note. — As to modification of schemes, see, further, section 25, Act of 1909.] 40. [As amended by Second Schedule, Act of 1909.] The Local Government Board shall in any order sanctioning a scheme under this part of this Act require the insertion in the scheme of such provisions (if any) for the dwelling accommodation of persons of the working classes displaced [in consequence of] the scheme as seem to the Board required by the circumstances. [Note. — Under section 3, Act of 1903, re-housing is an obligation whenever land is taken compulsorily — see section 3, Act of 1903.] Settlement of Compensation. 41. In all cases in which the amount of any compensation is, in pursuance of this part of this Act, to be settled by arbitration, the following provisions shall have effect (namely) : — (1) The amount of compensation shall be settled by an arbitrator to be appointed and removable by the Local Gov-emment Board. (2) In eettling the amount of any compensation — [Note.— The following provisions of this section cease to apply in so far as tney are inconsistent or in conflict with section 9, Act of 1919. If neigh- bouring lands are included in a scheme under Part II. of this Act, the provision of sub-section 2 of this section as to the exclusion of any addi- tional allowance in respect of compulsory purchase is not to apply in case of any land so included (section 7, Act of 1900).] (a) The estimate of the value of the dwelling-house shall be based on the fair market value as estimated at tlie time of the valuation being made of such dwelling-house, and of the several interests in such dwelling-house, due regard being had to the nature and then condition of the property and the probable duration of the buildings in their existing state, and to the state of repair thereof, and without any additional allowance in respect of compulsory purchase ; and (b) The arbitrator shall have regard to and make an allowance in respect of any increased value which, in his opinion, will be given to other dwelling-houses of the same owner by the alteration or demolition by the local authority of any build- ings. (3) Evidence shall be receivable by the arbitrator to prove — • (1st) that the rental of the dwelling-house was enhanced by leason of the same being used for illegal purposes or being so over- crowded as to be dangerous or injurious to the health of the inmates ; or (2ndly) that the dwelling-house is in a state of defective sanitation, or is not in reasonably good repair ; or (3rdly) that the dwelling-house is unfit, and not reasonably capable of being made fit, for human habitation ; and, if the arbitrator is satisiied by such evidence, then the compensation — (a) shall in the first case so far as it is based on rental be based THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 107 on the rental V7hich would have been obtainable if the dwell- ing-house was occupied for legal purposes and only by the number of persons whom the dwelling-house was under all the circumstances of the case fitted to accommodate without such overcrowding as is dangerous or injurious to the health of the inmates ; and (b) shall in the second case be the amount estimated as the value of the dwelling-house if it had been put into a sanitary con- dition, or into leasonably good repair, after deducting the estimated expense of putting it into such condition or repair ; and (c) shall in the third case be the value of the land, and of the materials of the buildings thereon. [Note. — As to the evidence that may be tendered, see, further, section 29, Act of 1909.] (4) On payment or tender to the person entitled to receive the same of the amount of compensation agreed or awarded to be paid in respect of the dwelling-house, or on payment thereof in manner j^rescribed by the Lands Clauses Acts, the owner shall, when required by the local authority, convey his interest in such dwelling-house to them, or as they may direct ; and in default thereof, or if the owner fails to adduce a good title to such dwelling-house to the satisfaction of the local authority, it shall be lawful for the local authority, if they think fit, to execute a deed poll in such manner and with such consequences as are mentioned in the Lands Clauses Acts. (5) Sections thirty-two, thirty-three, thirty-five, thirty-six, and thirty-severi of the Lands Clauses Consolidation Act, 1845, shall apply, with any necessary modifications, to an arbitration and to an arbitrator appointed under this part of this Act. (6) The arbitrator may, by one award, settle the amount or amounts of compensation payable in respect of all or any of the dwelling- houses included in one or more order or orders made by the local authority ; but he may, and, if the local authority request him so to do, shall, from time to time make an award respecting a portion only of the disputed cases brought before him. (7) In the event of the death, removal, resignation, or incapacity, refusal, or neglect to act of any arbitrator before he shall have made his award, the Local Government Board may appoint another arbitrator, to whom all documents relating to the matter of the arbitration which were in the possession of the former arbitrator shall be delivered. (8) The arbitrator ipay, where he thinks fit, on the request of any party by whom any claim has been made before him, certify the amount of the costs properly incurred by such party in relation to the arbitration, and the amount of the costs so certified shall be paid by the local authority. (9) The arbitrator shall not give such certificate where the arbitrator has awarded the same or a less sum than has been offered by the local authority in respect of such claim before the appoint- ment of the arbitrator, and need not give such certificate to any party where he considers that such party neglected, after due 108 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. notice from the locaJ authority, to deliver to that authority a statement in writing within such time, and containing such particulars respecting the compensation claimed, as would have enabled the local authority to make a proper offer of compensa- tion to such party before the appointment of the arbitrator. (10) If within seven days after demand the amount so certified be not paid to the party entitled to receive the same, such amount shall be recoverable as a debt from the local authority with interest at the rate of five per cent, per gjinum for any time during which the same remains unpaid after such seven days as aforesaid. (11) The award of the arbitrator shall be final and binding on all parties. Expenses and Borrowing. 42. — (1) All expenses incurred by a local authority in the execution of this part of this Act shall be defrayed by them out of the local rate ; and that authority, notwithstanding any limit contained in any Act of Parliament respecting a local rate, may levy such local rate, or any increase thereof, for the purposes of this part of this Act. (2) Any expenses incurred by a rural sanitary authority under this part of this Act, other than the expenses incurred in and incidental to proceedings for obtaining a closing order, shall be charged as special expenses on the contributory place in respect of which they are in- curred. 43. — (1) A local authority may borrow for the purpose of raising sums required for purchase money or compensation payable under this part of this Act in like manner, and subject to the like conditions, as for the purpose of defraying the expenses of the execution by such authority of the Public Health Acts. [Note.— The Housing of the Working Classes Act, 1894 (57 & 58 Vict, c. 55), enacted: "For the purposes fox which a local authority are, by a scheme for reconstruction duly sanctioned under Part II. of the Housing of the Working Classes Act, 1890, or by order sanctioning the scheme authorised to borrow, the authority shall have power and shall be deemed always to have had power to borrow in like manner and subject to like conditions as they may borrow under section 43 of that Act for the purpose of raising the sums required for the purchase money or compensation there- in mentioned, and sections 43 and 4G of that Act shall apply accordingly."! (2) The Public Works Loan Commissioners may, if they think fit, lend to any local authority the sums borrowed in pursuance of this part of this Act. [Note. — As to terms of loans by the Commissioners, see now section I of the Act of 1903, section 3, Act of 1909, and section 7 (2), Act of 1919.] 44. Every local authority shall every year present to the Local Government Board, in such form as they may dir^t, an account of what has been done, and of all moneys received and paid by them during the previous year, with a view to carrying into effect the purposes of this part of this Act. Powers of Comity Councils. 45. — (1) [As amended by Second Schedule, Act of 1919.] Where the medical officer of liealth, [inspector of nuisances or other officer of the district authority] or any inhabitant householders make a THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 109 representation or complaint, or give information to any vestry or dis- trict board in the administrative county of London or to the local board of Woolwich, or to any rural sanitary authority elsewhere (which vestry, board, or authority is in this Act referred to as the district authority) or to the medical officer of such authority either respecting any dwelling- house being in a state so dangerous or injurious to health as to be unfit for human habitation, or respecting an obstructive building, and also where a closing order has been made as respects any dwelling-house, the district authority shall- forthwith forward to the county council of the county in which the dwelling-house or building is situate, a copy of such representation, complaint, information, or closing order, and shall from time to time report to the council such particulars as the council require respecting any proceedings taken by the authority with reference to such representation, complaint, information, or dwelling-house. (2) Where the county council— (a) are of opinion that proceedings for a closing order as respects an3'^ dwelling-house ought to be instituted, or that an order ought to be made for the demolition of any buildings forming or form- ing part of any dwelling-house as to which a closing order has been made, or that an order ought to be made for pulling down an obstructive building specified in any representation under this part of this Act ; and (b) after reasonable notice, not being less than one month, of such opinion has been given in writing to the district authority, consider that such authority have failed to institute or properly prosecute proceedings, or to make the order for demolition, or to take steps for pulling down an obstructive building ; the council may pass a resolution to that effect, and thereupon the powers of the district authority as respects the said dwelling-house and building under this part of this Act (otherwise than in respect of a scheme), shall be vested in the county council, and if a closing order or an order for demolition or for pulling down an obstructive building is made, and not disallowed on appeal, the expenses of the council in- curred as respects the said dwelling-house and building, including any compensation paid, sliall be a simple contract debt to the council from the district authority. (3) Any debt to the council under this section shall be defrayed by the district authority as part of their expenses in the execution of this part of this Act. * (4) The county council and any of their officers shall, for the purposes of this section, have the same right of admission to any premises as any district authority or their officers have for the purpose of the execution of their duties under the enactments relating to public health, and a justice may make the like order for enforcing such admission. [Note. — For powers of Ministry of Health to enforce this Part of this Act, see-sections 10 and 11, Act of 1909.] Special Provisions as to London. 46. This part of this Act shall apply to the administrative county of London with the following modifications: — (1) The provisions of the Public Health Acts relating to private im- provement expenses and to private improvement rates shall, 110 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. for the purpose of this part of this Act, extend to the county and to the city of London, and in the construction of the said provisions, as respects the county of London, and local authority in that county, and as respects the city of London the Commissioners of Sewers, shall be deemed to be the urban authority. (2) The raising of sums required for purchase money or compensation payable under this part of this Act shall be a purpose for which the London County Council or the Commissioners of Sewers of the city of London, may borrow under Part I. of this Act, and a purpose for which a vestry or district board may borrow under the Metropolis Management Act, 1855, and the provisions of Part I. of this Act with respect to borrowing, and sections one hundred and eighty-three to one hundred and ninety-one of the Metropolis Management Act, 1855, shall apply and have effect accordingly. [Note. — See section 13, Act of 1903, section 3, Act of 1909, and section 7 (2), Act of 1919.] (3) The London County Council may, if they think fit, lend to a local authority in the administrative county of London the sums borrowed in pursuance of this part of this Act. (4) [Repealed by Statute Law Revision Act, 1908.] (5) Where it appears to the county council, whether in the exercise of the powers of a vestry or district board or on the representa- tion of a vestry or district board or otherwise, that a scheme under this part of this Act ought to be made, the council may take proceedings for preparing and obtaining the confirmation of a scheme, and the provisions of this Act respecting the scheme shall apply in like manner as if they were the vestry or • district board, and all expenses of and incidental to the scheme and carrying the same into effect shall, save as herein-after mentioned, be borne by the county fund. [Note. — See section 14, Act of 1903, a-s to agreements between London County Council and metropolitan boroughs.] (6) Where the council consider that such expenses, or a contribution' in respect of them, ought to be paid or made by a vestry or district board, they may apply to a Secretary of State, and the Secretary of State, if satisfied that, having regard to the size of the area, to the number, position, structure, sanitary condition, and neighbourhood of the buildings to be dealt with, the vestry or district board ought to Day, or make a contribution in respect of, the said expenses, the Secretary of State may order such payment or contribution to be made, and the amount thereof shall be a simple contract debt from the vestry or district board to the council. [Note — Payment may be mad« by way of lump sum or annual amounts — section 33, Act of 1909. For Secretai^ of State, now read Ministry of Health — ^see section 2 (1), Act of 1903, and Note thereto.] (7) The county council may, if they think fit, pay or contribute to the payment of the expenses of carrying into effect a scheme- under this part of this Act by a vestry or district board, and if a vestry or district board consider that the expenses of carrying into effect any scheme under this part of this Act, or a con- tribution in respect of those expenses, ought to be paid or made THE HOUSING AND TOWN PLANNING ACTS AS ABOINDED. Ill by the county couBcil. and the county council decline or fail to agree to pay or make the same, the vestry or district board may apply to a Secretary of State, and if the Secretary of State is satisfied that, having^ regard to the size of the area, to the number, position, structure, sanitary condition, and neighbour- hood of the buildings to be dealt with, the council ought to pay or make a contribution in respect of the said expenses, he may order such payment or contribution to be made, and the amount thereof shall be a simple contract debt from the council to the vestry or district board. [Note — See Note to clause 6 above.] (8) In the application of this section to Woolwich, the local board of health shall be deemed to be a district board, but the raising of any sums required for purchase money or compensation payable under this part of this Act shall be a purpose for which they may borrow under the Public Health Acts, and the Public Health Acts shall apply accordiagly. Supplemental. 47. — (1) "SATrere an owner of any dwelling-house is not the person in receipt of the rents and profits thereof, he may give notice of such ownership to the local authority, and thereupon the local authority shall give such owner notice of any proceedings taken by them in pursuance of this part of this Act in relation to such dwelling-house. (2) If it appears to a court of summary jurisdiction on the applica- tion of any owner of the dwelling-house that default Js being made in the execution of any works required to be executed on any dwelling- house in respect of which a closing order has been made, or the demoli- tion of^any building or any dwelling-house or in claiming to retain any site, in pursuance of this part of this Act, and that the interests of the applicant will be prejudiced by such default, and that it is just to make the order, the court may make an order empowering the applicant forthwith to entei' on the dwelling-house, and within the time fixed by the order to execute the said works, or to demolish the building or to claim to retain the site, as the case may be, and where it seems to the court just so to do, the couii; may make a like order in favour of any other owner. (3) [As amended by section 21 and Sixth Schedule, Act of 1909.] A court of summary jurisdiction may in any case by order enlarge the time within which a claim may be made to retain the site of a building. (4) Before an order is made under this section notice of the applica- tion shall be given to the local authority. [Note — Section 30 of the Act of 1919 enables a superior landlord to apply to the High Courts or Chancery Courts for authority to carry out a recon- 'struction or improvement scheme.] 48. Nothing in this part of this Act shall prejudice or interfere with the right or remedies of any owner for the breach, non-observance, or non-performance of any covenant or contract entered into by a tenant or lessee in reference to any dwelling-house in respect of which an order is made by a local authority under this part of this Act ; and if any owner is obliged to take possession of any dwelling-house in order to comply with any such order, the taking possession shall not afiect his right to avail himself of any such breach, non-observance, or non-per- formance that may have occun-ed prior to his so t?^king possession. 112 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 49. — (1) Where the owner of any dwelling-house and his residence or place of business are known to the local authority, it shall be the duty of the clerk of the local authority, if the residence or place of business is within the district of such local authority, to serve any notice by this part of this Act required to be served on the owner, by giving it to him, or for him, to some inmate of his residence or place of business within the district ; and in any other case it shall be the duty of the clerk of the local authority to serve the notice by post in a registered letter addressed to the owner at his residence or place of business. (2) Where the owner of the dwelling-house or his residence or place of Business is not known to, and after diligent inquiry cannot be found by the local authority, then the clerk of the local authority may serve the notice by leaving it, addressed to the owner, with some occupier of the dwelling-house, or if there be not an occupier, then by causing it to be put up on some conspicuous part of the dwelling-house. \ (3) Notice served upon the agent of the owner shall be deemed notice to the owner. [Note See, further, section 13 (1), Act of 1903.] 50. "VNTrere in any proceedings under this part of this Act it is necessary to refer to the owner of any dwelling-house, it shall be sufficient to designate him as the " owner " thereof without name or further description. 51. — i(l) If any person being the occupier of any dwelling-house prevents the owner thereof, or being the owner or occupier of any dwelling-house prevents the medical officer of health, or the officers, agents, servants, or workmen of such owner or officer. from carrying into effect with respect to the dwelling-house any of the provisions of this part of this Act, after notice of the intention so to do has been given to such person, any court of summary jurisdiction on proof thereof may order such person to permit to be done on such premises all things requisite for carrying into effect, with respect to such dwelling- house, the provisions of this part of this Act. (2) If at the expiration of ten days after the service of such order such person fails to comply therewith, he shall for every day during which the failure continues be liable on summary conviction to a fine not exceeding twenty pounds : Provided that if any such failure is by the occupier, the owner, unless assenting thereto, shall not be liable to such fine. 52. A representation from the medical officer of health of any county submitted to the county council and forwarded by that council to the local authority of any district in the county, not being a borough as defined by the Municipal Corporations Act, 1882, shall, for the purposes of this part of this Act, have the like effect as a representation from the medical officer of health fif the district. PART III. Working Class Lodging Houses. Adoption of Part III. 53. — (1) The expression " lodging houses for the working classes " when used in this part of this Act shall include separate houses or cottages for the working classes, whether containing one or several THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 113 tenements, and the purposes of this part oi this Act shall include the provision of such houses and cottages. (2) [Repealed — no^v see section 50, Act of 1909.] 54. [Repealed by Sixth Schedule, Act of 1909.] 55. [Repealed by Schedule, Act of 1900, and Sixth Schedule, Act of 1909.] Execution of Part III. by Local Authority. 56. "WTiere this part of this Act has been adopted in any district, the local authority shall have power to carry it into execution (subject to the provisions of this part of this Act with respect to rural sanitary authorities), and for that purpose may exercise the same powers whether of contract or otherwise as in the execution of their duties in the case of the London County Council under the Metropolis JVIanagement Act, 1855, and the Acts amending the same, or in the case of sanitai-y authorities under the Public Health Acts, or in the case of the Com- missioners of Sewers under the Acts conferring powers on such Com- missioners. [Note. — Part III. of this Act now takes effect without adoption — see sec- tion 1, Act of 1909; and schemes are obligatory under section 1 of the Act of 1919. For powers of the Ministry of Health to enforce schemes or act in default, see sections 3 and 4, Act of 1919, and section 10, Act of 1909. For the application of Part III. to London, now see section 41, Act of 1919.] 57.— (1) [Now see section 2, Act of 1909.] (2) [Repealed by Fifth Schedule, Act of 1919.] (3) [As amended by Second Schedule, Act of 1919.] The local autho- rity may, with the consent of the Local Government Board, appropriate, for the purposes of this part of this Act, any lodging houses so [.sic] purchased or taken on lease, and any other land which may be for the time being vested in them, or at their disposal. 58. The trustees of any lodging houses for the working classes for the time being provided in any district by private subscriptions or otherwise, may, with the consent of a majority of the committee or other persons by whom they were appointed trustees, sell or lease the lodging houses to the local authority of the district, or make over to them the management thereof. 59. The local authority may, on any land acquired or appropriated by them, erect any buildings suitable for lodging houses for the working classes, and convert any buildings into lodging houses for the working classes, and may alter, enlarge, repair, and improve the same respec- tively, and fit up, furnish, and supply the same respectively with all requisite furniture, fittings, and conveniences. 60. [Repealed by Fifth Schedule, Act of 1919.] Management of Lodging Houses. 61. — (1) The general management, regulation, and control of the lodging houses established or acquired by a local authority under this part of this Act shall be vested in and exercised by the local authority. (2) The local authority may make such reasonable charges for the tenancy or occupation of the lodging houses provided under this part of this Act as they may determine by regulations. I 114 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 62. — (1) The local authority may make by-laws for the management, use, and regulation of the lodging houses, and it shall be obligatory on the local authority, except in the case of a lodging house which is occupied as a separate dwelling, by such by-laws to make sufficient provision for the several purposes expressed in tlie Sixth Schedule to this Act. (2) A printed copy or sufficient abstract of the by-laws relating to the management, use, and regulation of the lodging houses shall be put up and at all times kept in every room therein. [Note. — For fuller provision as to by-laws, now see section 25, Act of 1919.] 63. [Repealed by Sixth Schedule, Act of 1909.] 64. [Repealed by Fifth Schedule, Act of 1919.] Expeiises and Borr-owing of Local Authorities. 65. All expenses incurred by a local authority in the execution of this part of this Act shall be defrayed — (i.) in the case of an authority in the administrative county of London, out of the Dwelling House Improvement Fund under Part I. of this Act ; (ii.) in the case of an urban sanitary authority, as part of the general expenses of their execution of the Public Health Acts. [Re- mainder of section, dealing with expenses of a rural sanitary authority, repealed by Sixth Schedule, Act of 1909. Now see sectioii 31, Act of 1909.] 66. [As amended by Sixth Schedule, Act of 1909.] The London County Council and the Commissioners of Sewers may borrow for the purpose of the execution of this part of this Act, in like manner and subject to the like conditions as they may borrow for the purposes of Part I. of this Act, and a sanitary authority may borrow for the purpose of the execution of this part of this Act in like manner and subject to the like conditions as for the purpose of defraying the above-mentioned general expenses. [Note — Now see section 3, Act of 1900; sections 1 and 15, Act of 1903; section 3, Act of 1909; and .section 7 (2), Act of 1919.] Loans to and Powers of Companies, Societies, and Individuals. 67. — (1) In addition to the powers conferred upon them by any other enactment, the Public Works Loan Commissioners may, out of the funds at their disposal, advance on loan to any such body or proprietor as herein-after mentioned ; namely, — (a) any railway company or dock or harbour company, or any other company, society, or association established for the purpose of constructing or improving, or of facilitating or encouraging the construction or improvement of dwellings for the working classes, or for trading or manufacturing purposes (in the course of whose business, or in the discharge of whose duties persons of the working classes are employed) ; [Note.— For loans to public utility societies, see section 20, Act of 1919.] (b) any private person entitled to any land for an estate in fee THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 115 simple, or for any term of years absolute, wliereof not less than fifty years shall for the time being remain unexpired ; [Note, — For fuller provision for loans to private persons by Public Works Loan Commissioners, see section 21, Act of 1919.] and any such body or proprietor may borrow from the Public Works . Loan Commissioners such money as may be required for the purpose of constructing or improving, or of facilitating or encouraging the con- struction or improvement of dwellings for the working classes. (2) Such loans ^hall be made in manner provided by the Public Works Loans Act, 1875, subject to the following provisions : — (a) Any such advance may be made whether the body or proprietor receiving the same has or has not power to borrow on mortgage or otherwise, independently of this Act ; but nothing in this Act shall repeal or alter any regulation, statutory or otherwise, whereby any company may be restricted from borrowing until a definite portion of capital is subscribed for, taken, or paid up. (b) The period for the repayment of the sums advanced shall not exceed forty years. (c) No money shall be advanced on mortgage of any land or dwellings solely, unless the estate therein jjroposed to be mortgaged shall be either an estate in fee simple, or an estate for a term of years absolute, whereof not less than fifty years shall be unexpired at the date of the advance. (d) The money advanced on the security of a mortgage of any land or dwellings solely shall not exceed one moiety of the value, to be ascertained to the satisfaction of the Public Works Loan Commissioners, of the estate or interest in such land or dwellings proposed to be mortgaged ; but advances may be made by instalments from time to time as the building of the dwellings on the land mortgaged progresses, so that the total advances do not at any time exceed the amount aforesaid ; and a mortgage may be accordingly made to secure such advances so to be made from time to time. [Note. — For "moiety" in the above clause, section 4 (1), Act of 1909, substituted " two-thirds " in case of a public xxtility society. For a period to be specified by the Ministry of Health, the proportion may be 75 per cent, under section 20 (2) (c). Act of 1919; and for two years after the pass- ing of the Act of 1919 it may also be 75 per cent, to a private individual under section 20 of that Act.] (3) For the purpose of constructing or improving or facilitating or encouraging the construction or improvement of dwellings for the work- ing classes, every such body as aforesaid is hereby authorised to pur- chase, take, and hold land, and if not already a body corporate shall, for the purpose of holding such land under this part of this Act, and of suing and being sued in respect thereof, be nevertheless deemed a body corporate with perpetual succession. 68. Any railway company, or dock or harbour company or any other company, society, or association, established for trading or manufac- turing purposes in the course of whose business or in the discharge of whose duties persons of the working class are employed, may and are hereby (notwithstanding any Act of Parliament, or charter, or any rule of law or equity to the contrary) authorised at any time to erect, 116 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. either on their own land or on any other land (which they are hereby authorised to purchase and hold for the purpose, and to pay for out of any funds at their disposal), dwellings for the accommodation of all or any of the persons of the working class employed by them. [Note. — If any such company, society, or association acquires land under statutory power, it is compelled by section 3, Act of 1903, to re-house persons of the working classes dispossessed thereby.] 69. Any commissioners of waterworks, trustees of waterworks, water companies, gas companies, and other corporations, bodies, and persons having the management of any waterworks, reservoirs, weUs, springs, or streams of water, and gasworks respectively, may, in their discretion, grant and furnish supplies of water or gas for lodging houses provided under this part of this Act, either without charge or on such other favourable terms as they think fit. 70. A lodging house established in any district under this part of this Act, shall be at all times open to the inspection of the local authority of that district or of any officer from time to time authorised by such authority. 71. Any fine for the breach of any by-law under this part of this Act shall be paid to the credit of the funds out of which the expenses of this part of this Act are defrayed. PART IV. Supplemental. 72. Where an official representation made to the London County Council in pursuance of Part I. of this Act relates to not more than ten houses, the London County Council shall not take any proceedings on such representation, but shall direct the medical officer of health making the same to represent the case to the local authority under Part II. of this Act, and it shall be the duty of the local authority to deal with such case in manner provided by that part of this Act. 73. — (1) In either of the following cases : — (a) Where a medical officer of health has represented 'to any local authority in the county of London under Part II. of this Act that any dwelling-houses are in a condition so dangerous or injurious to health, as to be unfit for human habitation, or that the__ pulling down of any obstructive buildings would be ex- pedient, and such authority resolve that the case of such dwell- ing-houses or buildings is of such general importance to the county of London that it should be dealt with by a scheme under Part I. of this Act ; or ' (b) Wliere an official representation as mentioned in Part I. of this Act has been made to the London County Council in relation to any houses, courts, or alleys within a certain area, and that council resolve that the case of such houses, courts, or alleys is not of general importance to the county of London and should be dealt with under Part II. of this Act ; such local authority or council may submit such resolution to a Secre- taT-y of State, and thereupon the Secretary of State may appoint an arbitrator, and direct him to hold a local inquiry, and such arbitrator shall hold such inquiry, and report to the Secretary of State as to THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 117 whether, having regard to the size of the area, to the number ol houses to be dealt '^with, to the position, structure, and sanitary condition of such houses, and of the neighbourhood thereof, and to the provisions of Part I. of this Act, the case is either wholly or partially of any and what importance to the county of London, with power to such arbitrator to report that in the event of the case being dealt with under Part II. of this Act, the London County Council ought to make a contribution in respect of the expenses of dealing with the case. (2) The Secretary of State, after considering the report of the arbi- trator, may, according as to him seems just, decide that the case shall Be dealt with either under Part II. of this Act, or under Part I. of this Act, and the medical officer of health or other proper officer shall forth- with make the representation necessary for proceedings in accordance with such decision. [Note. — For Secretary of State now read Ministry of Health — see section 1, Act of 1903, and Note thereto.] 74.— (1) The Settled Land Act, 1882, shall be amended as follows : — (a) Any sale, exchange, or lease of land in pursuance of the said Act, when made for the purpose of the erection on such land of dwellings for the working classes, may be made at such |)rice, or for such consideration, or for such rent, as having regard to the said purpose, and to all the circumstances of the case, is the best that can be reasonably obtained, notwithstanding that a higher price, consideration or rent might have been obtained if the land were sold, exchanged, or leased for another purpose. (b) [Repealed — see section 7, Act of 1909, and section 31, Act of 1919.] (2) Any body corporate holding land may sell, exchange, br lease the land for the purpose of the erection of dwellings for the working classes at such price, or for such consideration, or for such rent as having regard to the said purpose and to all the circumstances of the case is the best that can reasonably be obtained, notwithstanding that a higher price, consideration, or rent might have been obtained if the land were sold, exchanged, or leased for another purpose. 75. In any contract made after the fourteenth day of August, one thousand eight hundred and eighty-five, for letting for habitation by persons of the working classes a house or part of a house, there shall be implied a condition that the house is at the commencement of the holding in all respects reasonably fit for human habitation. In this section the expression " letting for habitation by persons of the working clashes " means the letting for habitation of a house or part of a house at a rent not exceeding in England the sum named as the limit for the composition of rates by section three of the Poor Pate Assessment and Collection Act, 1869, and in Scotland or Ireland four pounds. [Note. — Further provisions are contained in section 12, Act of 1903, sec- tions 14 and 15, Act of 1909, and section 28, Act of 1919. The limits named hy section 3 of the Poor Rate Assessment and Collection Act, 1869, are as follows: — £20 in the Metropolis, £13 Liverpool, £10 Manchester and Bir- mingham, and £8 elsewhere.] 76. — (1) The London County Council may, with the consent of a Secretary of State, at any time appoint one or more legally qualified practitioner or practitioners, with such remuneration as they think fit, for the purpose of carrying into effect any part of this Act. 118 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. (2) Any TQedical officer oi health appoiBted by the London County Council, and any officer appointed under this section by the London County Council, shall be deemed to be a medical officer of health of a local authority within the meaning of this Act. 77. [Repealed— Sixth Schedule, Act of 1909.] 78. Where a building or any part of a building purchased by the local authority in pursuance of a scheme under Part I. or Part II. of this Act is not closed by a -closing order, and is occupied by any tenant whose contract of tenancy is for less than a year, the local authority, if they require him to give up possession of such building or part for the purpose of pulling down the building, may make to the said tenant a reasonable allowance on account of his expenses in removing. [Note.— Now -see section 17 (5), Act of 1909.] 79. — (1) Anything which under Part I. or Part n. of this Act is authorised or required to be done by or to a medical officer of health may be done by or to any person authorised to act temporarily as such medical officer of health. (2) Every representation made by a medical officer of health in pur- suance of this Act shall be in writing. 80. — (1) Separate accounts shall be kept by the local authority and their officers of their receipts and esoenditure under each part of this Act. (2) Such accounts shall be audited in the like manner and with the like power to the officer auditing the same, and with the like incidents and consequences, as the accounts cf the 'local authority are for the time being required to be audited by law. [Note. — For. accounts in case of land acquired under Part III. but used for re-housing persons displaced under Parts I. or II., see section 4 of the Act of 1900.] 81. [As amended, Second Schedule, Act of 1919.] For the purposes of thi.s Act, a local authority acting under this Act may appoint out of their own number so many persons as they may think fit, for any purposes of this Art which in the opinion of such authority would be better regulated and managed by means of a committee : Provided that a committee so appointed shall in no case be authorised to borrow any money, to make any rate, and shall be subject to any regulations and restrictions which may be imposed by the authority that formed it. 82. Where a local authority sell any land acquired by them for an- of the purposes of this Act. the proceeds of the sale shall be applied for any purpose, including repayment of borrowed money, for which capital money may be applied, and which is approved by the Local Government Board. 83. [Pvepealed by Sixth Schedule, Act of 1909.1 84. With respect to by-laws anthorised'by this Act to be made — (a) sections two hundred and two and two hundred and three of the Metropolis Management Act. 1855. where such by-laws are made by the London County Council, or any nuisance authority in tb administrative conntv rf T.->Tid'''n : and THE HOUSIXG AXD TOWX PLASSIXG ACTS AS AMEXDED. 119 (b) the proTisioas of the Public Health Act. 1875, relating to by- laws, where such bv-laws are made by a sanitary authority, shaU apply to such by-laws, and a fine or penalty under any such by- law may be recovered on summary conviction. 85. — (1) [As amended by Second and Sixtii Schedule. 1909.] For the purposes of the execution of their [powers and] duties under this Act the Local Government Board may cause such local inquiries to be held as the Board see fit. and the costs incurred in relation to any such local inquiry, and to any local inquiry which any other confirming authority holds or causes to be held, including the salary or remuneration cf any inspector or oflBcer of or person employed by the Board or ccHifirming authority engaged in the inquiry, shall be paid by the local authorities and persons concerned in the inquiry, or by such of them and in such proportions as the Beard or confirming authority may direct, and that Board or authority may certify the amount cf the costs incurred, and any sum so certified and directed by that Board or authority to be paid by any local authority or person shall be a. debt to the Crown from such local authority or person. (2) Sections two hundred and ninety-three to two hundred and ninety- six and section two hundred and ninety-eight of the Public Health Act, 1875, shall apply for the purpose of any order to be made by the Local Government Board or any local inquiry which that Board cause t : be held in pursuance of any part of this Act 86. — (1) An order in writing made by a local authority under this Act shall be under their seal and authenticated by the signature of their clerk or his lawful deputy. (2) A notice, demand, or other written document proceeding from the local authority under this Act shall be signed by Hheir clerk or hi? lawful deputy. 87. Any notice, summons, writ, or other proceeding at law or tither- wise required to be served on a local authority in relation to carrying into effect the objects or purposes of this Act. or any of them, may be served upon that authority by delivering the same to their clerk, or leaving the same at his office with some person employed there, rNote. — A document is snfficiently served if addressed to the authority or their clerk at the ofBce of the authority and sent by post in a registered letter— section 13 (21, Act of 1903,] 88. — (1) [As amended by Second Schedtile, Act of 1909.] A person shall not vote as member cf a local authority or county council or any committee thereof upon any resolution or question which is proposed or arises in pursuance of Part I, or Part II. [or Part III.] of this Act, if it relates to any dwelling-house, building, or land in which he is beneficially int-erested. (2) If any person votes in contravention of this section he shall, on summary conviction, be liable for each offence to a fine not exceeding filty pounds : but the fact of hi? giving the vote shall not invalidate any resolution or proceeding of tlie local authority or county council. 89, [As amended by Second Schedule, Act of 1909.] Where any person obstructs the medical officer of health, or any officer of tlie local autho- rity, or of the confirminir authority mentioned in Part I. of thi? Act [or any person authorised to eiiter dwelling-houses, premises, or 120 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. buildings, in pursuance of this Act], in the performance of anything which such officer, authority, [or person] is by this Act required or authorised to do, [he] shall, on summary conviction, be liable to a fine not exceeding twenty pounds. 90. Offences under this Act punishable on summary conviction may be prosecuted and fines recovered in manner provided by the Summary Jurisdiction Acts. 91. All powers given by this Act shall be deemed to be in addition to and not in derogation of any other powers conferred by Act of Parliament, law, or custom, and such other powers may be exercised in the same manner as if this Act had not passed, and nothing in this Act shall exempt any person from any penalty to which he would have been subject if this Act had not passed : Provided that a local authority shall not, by reason of any local Act relating to a place within its iurisdiction, be exempted from the performance of any duty or obligation to which such authority are subject under any part of this Act. 92. In this Act, unless the context otherwise requires, " district," " local authority," and " local rate," mean respectively the areas, bodies of persons, and rates specified in the table contained in the First Schedule to this Act. [Remainder of section repealed by Sixth Schedule Act of 1909.] 93. In this Act, unless the context otherwise requires — The expression " land " includes any right over land: The expression " sanitary district " means the district of a sanitary authority : The expression " sanitary authority " means an urban sanitary authority or a rural sanitary authority : The expressions " urban sanitary authority " and " rural sanitary authority " and " contributory place " have respectively the same meanings as in the Public Health Act, 1875 : The expression " superior court " means the Supreme Court: The expression " county of London," except where specified to be the administrative county of London, means tlie county of London exclusive of the city of London. PART V. Application of Act to Scotland. PART VI. Application or Act to Ikelanp. PART VII. Repeal and Temporary Provisions. SCHEDOLES. FIRST SCHEDULE. England and Wales. District. Local Authority. Local Rate. Throughout Act. Urban sanitary district - i The urban sanitary au- thority. The City of London - ! The Common Council. [See Secojid Schedule, j 1919 Act.] (1) For the purpose of Parts I The County of London - The County Council of London. (2) A parish other than the parish of Woolwich mentioned in Schedule A. to the Metropolis Management Act, 1855, as amended by the Metropolis Manage- ment (Amendment) Act, 1885, and the Metropolis Manage- ment (Batterpea and Westminster) Act. 1887. A district mentioned in Schedule B. to the Metropolis Manage- ment Act, 1855, ah amended by the Met Topolis Mpnagemenl (Amendment) Act, 1885, and the Metro- polis Management (Batter sea and West- minster) Act, 1887. Parish of Woolwich For the purposes of Part The Vestry elected under the Metroijolis Man- agement Act, 1855. The rate out of which the general expenses of the execution of the Public Health Acta are de- frayed. The General Rate. and III. The county fund and the amount payable shall be deemed to be re- quired for special county purpo^sea. II. The Board of Works for the district elected under the Metropolis Management Act. 1855. The local health. board of The general rate leviable by such vestry or board under the Metro- polis Management Act, 1855. The district Itind and general district rate. 122 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. (3) For the purposes of Parts II. and III. Rural sanitary district • j The rural sanitary au- I tuority. The rate out ol which the " general " or " .'special" expenses, as the case may be, of the execution of the Public Health Acts are defrayed. Scotland. Ireland. In any case in the United Kingdom where an urban sanitary authority does not levy a borough rate or any general district rate, but is empowered by a local Act or Acts to borrow money and to levy a "rate or rates throughout the whole of their district for purposes similar to those or to some of those for which a general district rate is leviable, it shall be lawful for such sanitary authority to defray the expenses incurred in the execution of Part III. of this Act by means of money to be borrowed, and a rate or rates to be levied, under such Local Act or Acts. SECOND SCHEDULE. [As amended by the Second Schedule, Act of 1919.] Provisions ^vith respect to the Purchase and taking of Lands in England otherwise than hj Agreement, and otherwise amending the Lands Clauses Acts. Deposit of 'Maps and Plans. (1) The local authority shall before making an application for the appoint- ment of an arbitrator, as liereinafter mentioned, cause to be made out. and to be signed by their clerk or some other principal ofBcer appointed by them, maps and schedules of all lands proposed to be taken compulsorily (which lands are herein-after referred to as the scheduled lands), together with the names, so far as the same can be reasonably ascertained, of all persons int-erested in such lands as owners or reputed owners, lessees or reputed lessees, or occupiers, except tenants for a month or a less period than a month. (2) The maps made by the local authority shall be upon such scale and be framed in such manner as may be prescribed by the confirming authority. (3) The local authority shall 'deposit such maps and schedules at the office of the confirming authority, and shall deposit and keep copies of such maps and schedules at the office of the local authority. Appointment of Arbitrator. (4) After such deposit at the office of the confirming authority as aforesaid, it shall be lawful for the confirming authority, upon the application of the local authority, to appoint an arbitrator between the local authority, and the persons interested in such of the scheduled lands, or lands injuriously affected by the execution of such echeme, so far as compensation for the same is not made the subject of agreement. Proceedings on Arbitration. (5) Before any arbitrator enters upon any inquiry he shall, in the presence of a justice of the peace, make and subscribe the following declaration; that is to say: — " I, A.B., do solemnly and sincerely declare, that T will faithfully and honestly, and to the best of my skill and ability, hear and determine the matters teferred to me under the provisions of the Housing of the Working Classes Act, 1890. A.B. THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 123 " Made and subscribed in the presence of ." Xnd 6uch declaration shall be annexed to the award when made; and if any Brbitrator, having made such declaration wilfully act contrary thereto, he shall be guilty of a misdemeanor. (6) As soon as an arbitrator has been appointed as aforesaid, the confirming luthority shall deliver to him the maps and sdhedules deposited at their office. Before applying to the arbitrator to determine the compensation in respect of any particular lands or interest therein, the local authority shall send a notice of their intention to the owners or reputed owners, lessees or reputed lessees, so far as they can be reasonably ascertained. (7) In every case in which compensation is payable under Part I. of this Act, by the local authority to any claimant, and which compensation has not been made the subject of agreement (in this Act referred to as " a disputed case"), the arbitrator, after hearing all such parties interested in each disputed case as may appear before him at a time and place of which notice has been given as in Part I. of this Act mentioned, shall proceed to decide on the amount of compensation to which he may consider the claimant to be entitled in each case. (8) The arbitrator shall give notice to the claimants in disputed cases of a time and place at which the difference between the claimants and the local anthority will be decided by the arbitrator. (9) After the arbitrator has arrived at a decision on all the disputed cases brought before him he shall make an award under his hand and seal, and such award shall be final, and be binding and conclusive (subject to the provisions t^oncerning an appeal herein-after contained) upon all persons whomsoever. and no such award shall be set aside for irregularity in matter of form, but the arbitrator may and, if the local authority request him so to do, shall from time to time make an award respecting a portion only of the disputed cases brought before him. (10) Such award as aforesaid shall be deposited at the ofSce of the confirm- ing authority, and a copy thereof shall be deposited at the ofRce of the local a,uthority. The title in the case ot a person claiming a fee simple interest in any lands included in any such award as aforesaid shall commence twenty years previous to the date of the claim except there has been an absolute con- veyance on sale within twenty years and more than ten years previous to the claim when the title shall commence with such conveyance: Provided that the local authority shall not be prevented if they think fit from requiring at their own expense any further abstract or evidence of title respecting any lands included in any such award as aforesaid in addition to the title herein-before mentioned. Special Powers of Arbitration. (11) The arbitrator shall have the same power of apportioning any xent- eervice rentcharge, chief or other rent, payment, or incumbrance, or any rent payable in respect* of lands comprised in a lease, as two justice have under the Lands Clauses Consolidation Act, 1845 [42 & 43 Vict. c. 63, Sch. (2)]. (12) Notwithstanding anything in section ninety-two of the Lands Clauses Consolidation Act. 1845 [8 & 9 Vict. c. 18; 42 & 43 Vict. c. 63, Schedule (3)], the arbitrator may determine that such part of any house, building, or manufactory as is proposed to be taken by the local authority can be taken without material damage to such house, building, or manufactory, and if he so determine may award compensa- tion in respect of the severance of the part so proposed to be taken, in 'addition to the value of that part, and thereupon the party interested shall be required to sell and convey to the local authority such part, without the local authority being obliged to purchase the greater part or the whole of such house, building, or manufactory. The local authority, or any person interested, if dissatisfied with a determina- tion under this enactment, may, in manner provided with respect to appeals to 124 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. a jury in respect of compensation for land by this schedule, submit the ques- tion of whether the said part can be taken without material damage, as well as the question of the proper amount of compensation, to a jury; and the ■ notice of intention to appeal shall be given within the same time as notice of intention to appeal against the amount of compensation awarded is required to be given. (13) The amovint of purchasa money or compensation to be paid in pursuance of section one hundred and twenty-four of the Lands Clauses Consolidation Act, 1845 [42 & 43 Vict. c. 63, Sch. (4)], in respect of any estate, right, or interest in or charge affecting any of the scheduled lands which the local authority have through mistake or inadvertence failed or omitted duly to purchase or make compensation for, shall be awarded by the arbitrator and be paid, ^ in like manner, as near as may be, as the same would have been awarded and paid if the claim of such estate, right, interest, or charge ■ had been delivered to the arbitrator before the day fixed for the delivery of statements of claims. If the arbitrator is satisfied that the failure or omission to purchase the said estate, right, interest, or charge, arose from any default on the part either of the claimant or of the local authority, he may direct the costs to be paid by the party so in default. Payment of Purchase Money. [Arts. 14-24. See 38 & 39 Vict. c. 36. Sch.] (14) Within thirty days from the delivery of such statement and abstract as aforesaid to the local authority, the local authority shall, where it appears to them that any person so claiming is absolutely entitled to the lands, estate, or interest claimed by him, deliver to such person, on demand, a certificate stating the amount of the compensation to which he is entitled under the said award. (15) Every such certificate shall be prepared by and at the cost of the local authority; and where any agreement has been entered into as to the compensa- tion payable in respect of the interest of any person in any lands, the local authority may, where it appears to them that such person is absolutely entitled, deliver to such person a like certificate. , (16) The local authority shall, thirty days after demand, pay to the party to whom any such certifica.ie is given, ox otherwise as herein provided in the cases herein-after mentioned, the amount of moneys specified to be payable by such certificate to the party to whom or in whose favour such certificate is given, his or her executors, administrators, or assigns. (17) If the local authority wilfully make default in such payment as afore- said, then the party named in such certificate shall be entitled to enter up judgment against the local authority in the High Court, for the amount of the sums specified in such certificate, in the same manner in all respects as if he had been, by warrant of attorney from the local authority, authorised to enter up judgment for the amount mentioned in the certificate, with costs, as is usual in like cases; and all moneys payable under such certificates, or to be recovered by such judgments as aforesaid, shall at law and in equity be taken as personal estate as from the time of the local authority entering on any such lands as aforesaid. , (18) When and so sOon as the local authority have paid to the party to whom any such certificate as aforesaid is given, or otherwise, as herein provided, m the cases herein-after mentioned, the amount specified to be payable by such certificate to the party to whom or in whose favour the certificate is given, his executors, administrators, or assigns, it shall be lawful for the local authority, upon obtaining such receipt as herein-after mentioned, from time to time to enter upon any lands in respect of which such certificate is given, and thenceforth to hold the same for the estate or interest in respect of which the amount specified in such certificate was payable. THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 125 (19) In every case in which any moneys are paid by any local authority under this Act for such compensation as aforesaid, the party receiving such moneys shall give to the local authority a receipt for the same, and such receipt ehall have the eSect of a grant, release, and conveyance of all the estate and interest of such party, and of all parties claiming under or through him, in the lands in respect of which such moneys are paid, provided such receipt has an ad valorem stamp of the same amount impressed thereon in respect of the purchase moneys mentioned. in such certificate as would* have been necessary if such receipt had been an actual conveyance of such estate or interest, every such receipt to be prepared by and at the cost of the local authority. (20) If it appear to the local authority, from any such statement aiid abstract as aforesaid, or otherwise, that the person making any such claim as aforesaid is not absolutely entitled to the lands, estate, or interest in respect of which hia claim is made, or is under any disability, or if the title to such lands, estate, or interest be not satisfactorily deduced to the local authority, then and in every such case the amount to be paid by the local authority in respect of such lands, estate, or interest as aforesaid shall be paid and applied as provided by the clauses of the Lands Clauses Consolidation Act, 1845, as amended by the Court of Chancery Funds Act, 1872, " with respect to the purchase money or compensation coming to parties having limited interests, or prevented from treating, or not making title." (21) Where any person claiming any right or interest in any lands refuses to produce his title to the same, or where the local authority have under the provisions of Part I. of this Act taken possession of any lands in respect of the compensation whereof, or of any estate or interest wherein, no claim has been made within one year from the time of the local authority taking possession, or if any party to whom any such certificate has been given or tendered refuses to receive such certificate, or to accept the amount therein specified as payable to him, then and in any such case the amount payable by the local authority in respect of such lands, estate, or interest, or the amount specified in such certificate, shall be paid into the Bank of England, in manner provided by the last-mentioned clauses of the Lands Clauses Consolidation Act, 1845. as amended by the Court of Chancery Funds Act, 1872, and the amount so paid into the said Bank shall be accordingly dealt with as by the said Act provided. (22) [Repealed.] (23) If from any reason whatever the local authority does not deliver the certificate aforesaid to any party claiming to be entitled to any interest in any lands the possession whereof has been taken by the local authority as afore- said, then the right to have a certificate according to the provisions of this Act may, at the cost and charge of the local authority, be enforced by any party or parties, by application to the High Court, in a summary "way by petition, and all other rights and interests of any party or parties arising under the provisions of this Act may be in like manner enforced against the local authority by such application as aforesaid. Entry on Lands on making Deposit. (24) Where the local authority are desirous, for the purposes of their works, of entering upon any lands before they would be entitled to enter thereon under the provisions herein-before contained, it shall be lawful for the local authority, at any time after the arbitrator has framed his award, upon depositing in the Bank of England such sum as the arbitrator may certify to be in his opinion the proper amount to be so deposited in respect of any lands authorised to be purchased or taken by the local authority, and mentioned in such award, to enter upon and use such lands for the purposes of the improve- ment scheme of the local authority, and the arbitrator shall, upon the request of the local authority at any time after he has framed such award, certify under his hand the sum which, in his opinion, should be eo deposited by the local authority in respect of any lands mentioned in such award before they enter 126 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. upon and use the same as aforesaid, and the sum to be so certified shall be the sum or tJie amount of the several sums set forth in such award as the sum or sums to be paid by the local authority in respect of such lands, or such greater amount as to the arbitrator, under the circumstances of the case, may seem proper; and, notwithstanding such entry as aforesaid, all proceedings for and in relation to the completion of the award, the delivery of certificates, and other proceedings under Part I. of this Act, shall be had, and payments made, as if such entry and deposit had not been made: Provided that the local authority shall, where they enter upon any lands by virtue of this present provision, pay interest at the rate of five pounds per centum per annum upon the compensation money payable by them in respect of any lands so entered upon, from the time of their entry until the time of the payment of such money and interest to the party entitled thereto, or where, under the provisions of Part I. of this Act, such compensation is required to be paid into the Bank of England, then until the same, with such interest, is paid into such Bank accordingly; and where under this provision interest is payable on any compensation money the certificate to be delivered by the local authority in respect thereof shall specify that interest is so payable, and the same shall be recoverable m liije manner as the principal money mentioned in such certificate. (25) The money so deposited a« last aforesaid shall be paid into the Bank of England to such account as tnay from time to time be directed by any regulation or Act for the time being in force in relation to moneys deposited in the bank m similar cases, or to such account as may be directed by any order of the High Court, and remain in the bank by way of security to the parties interested in the lands which have been so entered upon for the payment of the money to become payable by the local authority in resi>ect thereof under the ward of the arbitrator ; and the money so deposited may, on the application by petition of the local authority, be ordered to be invested in Bank annuities or Government securities, and accumulated: and upon euch paymc-nt as aforesaid by the local authority it shall be lawful for the High Court, upon a like application, to order the money so deposited, or the funds in which the same shall have been invested, together with the accumulation thereof, to be repaid or transferred to the local authority, or, in default of such payment as aforesaid by the local authority, it shall be lawful for the said court to order the same to be applied in such manner as it thinks fit for the benefit of the parties for whose security the same shall so have been deposited. (2G) & (27) [Repealed.] Costs of Arbitration. [See 45 & 46 Vict. c. 54 Sch. (H).] (28) The salary or Temuneration, travelling, and other expenses of the arbitrator, and all costs, charges, and expenses (if any) which may be incurred by the confirming authority in carrying the provisions of Part I. of this Act into execution, shall, after the amount thereof shall have been certified under this article, be paid by the local authority ; and the amount of such costs, charges, and expenses shall from time to time be certified by the confirming authority after first hearing any objections that may be made to the reason- ableness of any euch costs, charges, and expenses by or on behalf of the local authority; and every certificate of the said confirming authority certifying the amount of such costs, charges, and expenses shall be taken as proof in all proceedings at law or in equity of the amount of such respective costs, charges, and expenses, and the amount so certified shall be a debt due from the local authority to the Crown and shall be recoverable aocordingly. Further, any such certificate may be made a rule of a superior court on the application of any party named therein, and may be enforced accordingly. (29). — (1) it shall be lawful for the arbitrator, where he thinks fit, upon the request of any party by whom any claim has been made before him, to THE HOUSING AKD TOWN PLANNING ACTS AS AMENDED. 127 certify the amount of the costs properly incurred by such party in relation to the arbitration, and the amount of the costs so certified shall be paid by the local authority : Provided that — (a) The arbitrator shall not be required to certify the amount of costs in any case where he considers such costs are not properly payable by the local authority [see 45 & 46 Vict. c. 54]; (b) The arbitrator shall not be required to certify the amount of costs incurred by any party in relation to the arbitration, in any case where he considers that such party neglected, after due notice from the iocal authority, to deliver to that authority a statement in writing within such time, and containing such particulars respecting the compensation claimed, a-s would have enabled the local authority to make a proper offer of compensation to such party before the appoint- ment of the arbitrator. (c) No certificate shall be given where the arbitrator has awarded the same or a less sum than has been offered by the local authority in respect of the claim not less than 14 days before the date of the arUtration in that particular case. (2) If within seven days after demand the amount certified be not paid to the party entitled to receive the same, such amount shall be recoverable as a debt from the local authority with interest at the rate of five per cent, per annum for any time during which the same remains unpaid after such seven days as aforesaid. Miscellaneous. (30) The arbitrator may call for the production of any documents Other than aiiy formal offer made by the local authority in the possession or power of the local authority, or of any party making any claim under the provisions of Part I. of this Act, which such arbitrator may think necessary for deter- mining any question or matter to be determined by him under Part I. of this Act, and may examine any such party and his witnesses, and the witnesses for the local authority, on oath, and administer the oaths necessary for that purpose. (31) If any arbitrator appointed in pursuance of Part I. of this Act die, or refuse, decline, or become incapable to act, the confirming authority may appoint an arbitrator in his place, who shall have the same powers and authorities as the arbitrator first appointed; and upon the appointment of any arbitrator in the place o^ an arbitrator dying, or refusing, declining, or becoming incapable to act, all the documents relating to the matter of the arbitration which were in the possession of such arbitrator shall be delivered to the arbitrator appointed in his place, and the local authority shall publish notice of such appointment in the London Gazette. (32) Ail notices required by this schedule to be publiehed shall be published in a newspaper circulating within the jurisdiction of the local authority, and where no other form of service is prescribed all notices required to be served or given by the local authority under this schedule or otherwise upon any persons interested in or entitled to sell lands, shall be served in manner in which notices of lands proposed to be taken compulsorily for the purpose of an im- provement scheme are directed by Part I. of this Act to be served upon owners or reputed owners, lessees or reputed lessees, and occupiers. Application of Schedule to Scotland and Ireland. -[Third. Fourth, and Fifth Schedules repealed by Sixth Schedule, Act of 1909.] 128 THE HOUSING AND TOWN PLANNING ACTS AS AMEN JED. SIXTH SCHEDULE. By-laws to be made in all Gases (except where a Lodging-house is used as a separate Dwelling. For securing that the lodging-houses shall be under the management and control of the officers, servants, or others appointed or employed in that behalf by the local authority. For securing the due separation at liight of men and boys above eight years old from women and girls. For preventing damage, disturbance, interruption, and indecent and ofiensive language and behaviour and nuisances. For determining the duties of the officers, servants, and others appointed by the local authority. [Seventh Schedule repealed by Statute Law Revision Act, 1908.] THE HOUSING (ASSISTED SCHEME] REGULATIONS, 1919. TO THE (lOT'NCILvS of the several Administrative Counties in England and Wales ; — TO THE M.\VnR. ALDERMEN, AND COMMONS of the City of London, in Common Council assembled; — TO IHE COTTNCILS of the several M'?tropolitan Boroughs, Municipal Boroughs and other Urban Districts in England and Wales ; — TO THE COUNCILS of the several Rural Districts in England and Wales ; — And to all others whom it may concern. WHEREAS by sub-section (1) of Section 7 of the Housing, Town Planning, &c. Act, 1919, it is enacted that if it appears to the Local Gcveinment Board that the carrying out by a local authority, or by a county council to whom the powers of a local authority have been trar sferred under that Act, of any scheme approved under Section 1 of that Act or the carrying out of a re-housing scheme in connection with a scheme made under Part I. or Part II. of the Housing of the Working Classes Act, 1890, including the acquisition, clearance and development of land included in the last-mentioned scheme and whether the re-hcusing will be effected on the area included in that scheme or elsewhere, has resulted or is likely to result in a loss, the Board shall, if the scheme is carried out within such period after the passing of that Act as may be specified by the Board with the consent of the Treafury, pay or undertake to pay to the local authority or county council, out of moneys provided by Parliament, such part of the loss as may be determined to be so payable under regulations made by the Beard with the approval of the Treasury, subject to such conditions as may be prescribed by those regulations ; And whereas by sub-section (2) of the said Section 7 it is enacted that such regulations shall provide that the amount of any annual payment to be made under the Section shall, in the case of a scheme carried out by a local authority, be determined on the basis of the estin:ated annual loss resulting from the carrying out of any scheme or -schemes to which the Section applies, subject to the deduction there- from of a sum not exceeding the estimated annual produce of a rate of one penny in the pound levied in the area chargeable with the expenses of such scheme or schemes. NOW THEREFORE, the Minister of Health, in pursuance of his powers under the recited enactments and under any other Statutes in that behalf, hereby makes the following Regulations : — Article I. — In these Regulations, unless the contrary intention appears : — (a) The expression " the Minister " means the Minister of Health ; (6) The expression " Local Authority " means any Local Authority referred to in Section 7 of the Housing, Town Planning, &c. J 130 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. Aot, 1919, and includes a County Council to whom the powers of a Local Authority have been transferred under that Act ; (c) The expression " the Housing Acts " means the Housing Acts, ]890 to 1919; (d) The expression " the Act of 1890 " means the Housing of the Working Classes Act, 1890.' (e) The expression " the Act of 1919 " means the Housing, Town Planning, &c. Act, 1919 ; (/) The expression "rate" means the rate out of which the expenses of the execution of Part III. of the Act of 1890 are defrayed ; ig) The expression " the produce of a rate of one penny in the pound" means the amount certified as such by the District Auditor in accordance with the Rules set out in Schedule A to these Regulations. Article II. — For the purposes of these Regulations — (1) The schemes towards the losses on which the Minister is liable to ccntiibute under Section 7 of the Act of 1919, out of moneys provided by Parliament, shall include : — (n) Any scheme under Section 1 of the Act of 1919, including any proposals to which sub-section (8) of that Section applies ; and {b) Any re-housing scheme in connection with a scheme under Part I. or Part II. of the Act of 1890, including the acquisition, clearance, and development of land included in the last-mentioned scheme, and whether the re-housing will be effected on the area .included in that scheme or elsewhere; in so far (in each case) as the scheme is approved by the Minister; and all such schemes which relate exclusively to the area of any one Local Authority shall be regarded together as one scheme, and if a payment may be made as herein provided in respect thereof, are herein-after together referred to as an " assisted scheme " : Provided that no such payment shall be made, except as provided in Article VII. of these Regulations : — (i) In the case of a scheme under Section 1 of the Act of 1919, unless the Minister is satisfied that reasonable progress has been made with the carrying into effect of the scheme within twelve months from the passing of the Act of 1919 ; (ii) In the case of a scheme under Part I. or Part II. of the Act of 1890, unless the Minister is satisfied that reasonable progress has been made with the carrying into effect of the scheme within two years from the passing of the Act of 1919, or such further period as the Minister may allow ; (iii) In respect of any scheme or part of a scheme not carried into effect before the expiry of a period of three years from the passing of the Act of 1919, or such later date as the Minister may allow, regard being had to the supplies of labour and material available from time to time and all other local or general circumstances affecting the carrying into effect of the scheme ; (iv) In respect of the cost of acquiring or clearing a site under Part I. or Part II. of the Act of 1890 where the site has been acquired or cleared (as the case may be) before the 6th day of February, 1919 ; or (v) In respect of any scheme made or carried iRto ^ftect by the THE HOUSING ANO TOWN PLANNING ACTS AS AMENDED. 131 Minister or the County Council in default of the Local Authority, unless the Minister otherwise directs. Provided also that if part only of a scheme has been carried into effect within the period allowed under paragraph (iii) of the foregoing proviso, that part of the scheme may, with the approval of the Minister and subject to the provisions of these Eegulations. be regarded as the assisted scheme. (2) A scheme or part of a scheme shall be deemed to have been carried into effect when all the houses to be provided or acquired thereunder are let or available for letting, and also, in the case of a scheme under Part I. or Part II. of the Act of 1890. when the site or area affected has been cleared to the satisfaction of the Minister. Article III. — (1) The Local Authority shall for the purposes of an assisted scheme, or a scheme which, in the opinion of the Minister, is likely to become an assisted scheme, keep separate accounts to be called " The Housing (Assisted Scheme) Accounts," including a .separate revenue account to be called " The Housing (Assisted Scheme) Revenue Account." (2^ They shall cause to be credited to the Housing (Assisted Scheme) Revenue Account in each financial year : — (a) the produce of a rate of one penny in the pdund levied in the area chargeable with the expenses of the assisted scheme, or such less amount as may be necessary to meet the deficit for the financial year ; (h) the rents (inclusive of rates where rates are payable by the owner) in respect of any houses provided or acquired by them under the assisted scheme ; and (c) any other income which in the opinion of the Minister may properly be credited to the said account. (3) They shall cause to be debited to the Housing (Assisted Scheme) Revenue Account in each financial year : — (a) the sums required for interest and repayment of principal in respect of all moneys borrowed by them for the purposes of the assisted scheme which in the opinion (tf the Minister may properly be debited to the said account ; (b) the rates, taxes, rents or other charges pnyable by them in respect of any land or houses acquired leased or provided by them under the assisted scheme ; (c) the annual premium payable by tbpm in respect of the insurance against fire of any houses acquired or provided by them for the purposes of the assisted scheme ; (d) the expenditure incurred in respect of supervision and manage- ment of the houses acquired or provided by them under the assisted scheme ; (c) the expenditure incurred by them in and about the repair or maintenance of any property acquired or provided by them for the purposes of the assisted scheme, whether such expenditure is incurred by way of a fixed annual contribution to a repair* fund or otherwise ; and (/) any other ex)ienses which in the opinion of the Minister may pioperly be debited to the said account. (4) Any deficit shown by the said account at the conclusion of each financial "year, in so far as that deficit is not covered by the payment 132 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. to be made by the Minister to the Local Authority as hereinafter provided, shall be defrayed by the Local Authority in the manner in ■which the expenses of the execution of the Act of 1890 are defrayed. (5; (a) In the case of the Council of a Borough whose accounts under the Housing Acts are not otherwise subject to audit i\ the District Auditor, the Housing (Assisted Scheme) Accoiuits shall be made up and shall be audited by the District Auditor in like manner, and subject to the same provisions, as the accounts of an Urban District Council, and for this purpose the enactments relating to the audit by District Auditors of those accounts, and to all matters incidental thereto and consequential thereon, shall apply, so far as necessary, in. lieu of the provisions of the Municipal Corporations Act, 1882. relating to accoimts and audit. (b) In every case as soon as practicable after the conclusion of each financial year the Local Authority shall forward to the Minister a copy of the Housing (Assisted Scheme) Revenue Account, certified by the District Auditor. Article IV. — Except with the approval of the Minister, the Local Authority shall not borrow moneys for the purposes of an assisted scheme, or a scheme which, in the opinion of the Minister is likely to become an assisted scheme, at a higher rate of interest than that fixed for the time being in the case of loans by the Public Works Loan Commissioners to Local Authorities for the purposes of assisted schemes. Aeticle V. — (1) Subject to the provisions of these Regulations the Local Authority shall : — (a) as soon as possible after the scheme has been carried into effect submit to the Minister an estimate of their average annual income and expenditure, for the purposes of the assisted scheme, for the ensuing financial years up to and including that ending the 31st day of March ."^ 1927 ; and (b) at the conclusion of the financial year ending the 31st day of March, 1927, submit to the Minister a revised estimate of such income and expenditure for the ensuing financial years. (2) The estimate or revised estimate submitted to the Minister in pursuance of sub-division (1) of - this Article shall in each case be accompanied by an estimate of the annual produce ^f a rate of one penny in the pound herein-before referred to, and in the framing of such estimate regard shall be had to the produce of a rate of one penny in the pound during the last financial year before the date of such estimate, and to any probable increase or decrease of the assessable value of the district of the Local Authority during the period to which the estimate relates. (3) For the purposes of sub-division (1) of this Article : — (i) Except where the Minister, having regard to circumstances of an exceptional character, otherwise allows : — (a) the annual deduction in respect of unoccupied houses and uncol- lected rents shall not be estimated at a- higher figure than five per centum of the gross estimated rent ; and (b) the average annual cost of repairs shall not be estimated at a higher figure than fifteen per centum of the gross estimated rent or at a higher figure than it is proposed to' credit annually to a repairs fund ; and (r.) the average annual cost of supervision and management shall not be estimated at a higher figure than five per centum of the gross estimated rent. THK HOUSING AND TOWN PLANNING ACTS AS AMENDED. 133 (ii) Where the Local Authority apply any capital moneys, including any accumulated funds, belonging to them .for defraying any ex- penditure incurred by them for purposes of an assisted scheme for which the Local Authority are authorised to borrow moneys, the rate of interest on the capital moneys or funds so applied shall be calculated as follows : — («) where moneys have been borrowed by the Local Authority for the purposes of the assisted scheme from sources other than moneys or fimds belonging to the Local Authority, the rate of interest shall be the same as that payable on the moneys last pre%'iously so borrowed ; (b) where fio moneys have been borrowed by the Local Authority as aforesaid the rate of interest shall be the same as that in force for the time being for loans for assisted schemes advanced by the Public Works Loan Commissioners. (4) For the purposes of sub-division (3) of this Article the gross estimated rent shall be deemed to be the total amount of the rents, rates and water charges payable in respect of the houses included in the assisted scheme less the total amount of the rates and water charges payable in respect of the said houses during the financial year. • Article VI. — (1) Subject to the provisions of these Regulations the amount of the annual payment to be made by the Minister to the Lccal Authority out of moneys provided by Parliament (herein -after referred to as " the Exchequer subsidy ") shall be determined by the Minister on the basis of the average annual deficit to be incurred by the Local Authority under the assisted scheme, as shown by the estimate or revised estimate (as the case may be) to be submitted by the Local Authority under sub-division (1) of Article V. of these Regulations, and shall be the equivalent of the amount of the said average annual deficit subject to the deduction from the said average annual deficit of the estimated annual produce of a rate of one penny in the pound herein -before referred to. (2) In determining the amount of the Exchequer subsidy based upon the estimate submitted by the Local Authority the Minister may make such deductions as will represent — (a) an item of estimated expenditure which he considers to be excessive or not properly chargeable to the debit of the assisted scheme ; or (b) any deficiency of estimated income which he considers to be due to the insufficiency of the rents proJDOsed to be charged by the Local Authority ; or, (c) anv deficiency of estimated income which he considers to be due to the inadequacy of the arrangements for supervision, manage- ment or administration ; or (d) the omission from the estimate of any item of income which he considers should be included therein : Provided that in any consideration of the sufficiency of the rents p7oposed to be charged by the Local Authority regard shall be had, so far as possible, to the rules set out in Schedule B to these Regulations : Provided further that, in the event of any difference arising between the Minister and the Local Authority as to the sufficiency of the rents proposed to be charged by the Local Authority, or to the adequacy of the arrangements for supervision, management, or administration, (he tjuestion at issue shall be referred for decision to a person agreed on bv the Minister and the Local .Authority, or, failing such agreement. 134 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. appointed by the President of the Surveyors' Institution, and the decision of such person shall be final and conclusive and the amount of the Exchequer subsidy shall (if necessary) be altered accordingly. (3) The Exchequer subsidy, as determined under this Article on the basis of the estimates to be submitted by the Local Authority, shall be payable in respect of each complete financial year subsequent to the date of the said estimate, and prior to the 1st day of April, 1927, and the Exchequer subsidy as determined under this Article on the basis of the revised estimate shall be payable in respect of each financial year subsequent to the 31st day of March, 1927, during the periods allowed for the repayment of the loans raised by the Local Authority for the purposes of the assisted scheme : Provided that, when the period allowed for the repayment of any of the loans raised by the Local Authority for the purposes of the assisted scheme has expired, the amount of the Exchequer subsidy shall be reduced by the Minister as far as may be necessary in consequence of such repayment. (4) The amount of the Exchequer subsidy, when determined under this Article, shall not be varied by the Minister except as expressly provided in these Regulations or except with the concurrence of the Lords Commissioners of His Majesty's Treasury and of the Local Authority. (5) The Exchequer subsidy shall be payable in two half-yearly instal- ments, or in such other manner as the Minister may think fit, but the Minister may, if he thinks fit, withhold payment of the whole or part of the Exchequer subsidy until provisions of sub-division (5) (b) of Article III. of these Regulations have been complied with. Afticle VII. — As regards any expenses incurred by the Local Authority for the piirposes of the assisted scheme before the commencement of the first financial year in respect of which the Exchequer subsidy is payable as herein-before provided a payment may be made by the Minister out of moneys provided by Parliament in respect of the financial year during which the expenses were incurred to the amount of the actual deficit as shown by the Housing (Assisted Scheme) Revenue Account at the conclusion of that year : Provided tnat the Mmister may make such deductions from the amount of the said payment as he may consider to be necessary, having regard to the provisions set out in Article V. (3) and Article VI. (2) of these Regulations. Article VIII. — The Exchequer subsidy in respect of any financial years shall be varied so far as may be necessary in consequence of any diffeience between the produce of a rate of one penny in the pound in that year, and the estimate of the produce of the said rate submitted under Article V. of these Regulations. Article IX. — Where any land or buildings included in an assisted scheme are sold by the Local Authority, and the proceeds of the sale are used for the repayment of any moneys borrowed for the purposes of the assisted scheme, the Minister may make such adjustment of the amount of the Exchequer subsidy as may be necessary in consequence thereof . Provided that the adjustment shall in no case be such as to increase the contribution to be made by the Local Authority from the rates toward the annual cost of the assisted scheme. Article X. — These Regulations may be cited as " The Housing (Assisted Scheme) Regulations, 1919," and shall, unless and until revoked THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 135 or altered by the Minister, with the approval of the Lords Commis- sioners of His Majesty's Treasury, apply and have effect with respect to any assisted scheme made by a Local Authority : Provided that, in any case where one area is affected by two or more assisted schemes, or in any other case where a difficulty arises with regard to the application of these Regulations, the Minister may by Order make any such minor modification of these Regulations as may be necessary in regard to any particular scheme for the purpose of giving effect to the intention of these Regulations, and for the puiposo of securing that in the calculation of the total amount of the Exchequer subsidies, or of any payments to be made in pursuance of Article VII. of these Regulations, in any one financial year, under both or all the assisted schemes affecting the said area, there shall not be taken into account, in respect of that area, the produce, or estimated produce, of a rate of more than one penny in the pound. SCHEDULE A. RUI.ES TO BE OBSERVED IN THE DETERMINATION OF THE AMOUNT PRODUCEf) BY A Rate of One Penny in the Pound. 1. The produce of a rate during any financial year shall be the amount actually realised during that year by the collection of that rate, as certified by the District Auditor. 2. For the purposes of the foregoing rule, the amount of the rate or rates collected during the financial year shall be regarded as having been collected in respect of the rate or rates made for that year. 3. The produce of a rate of one penny in the pound shall be that proportion of the produce of a rate which one penny bears to the total amount in the pound of the said rate. 4. Where it is desired to ascertain the amotmt of the produce of a rate of one penny in the pound levied in any area comprising two or more parts which are differentially rated, the said amounts shall be separately ascertained in respect of each of those parts in accordance with the foregoing rules, and the sum of the amounts so ascertained shall be the produce of a rate of one penny in the pound levied in the said area. • SCHEDULE B*. Rules with regard to the determination of Rents. 1. The rents to be charged after the 31st day of March, 1927, should be sufficient to cover (in addition to the expenses of maintenance and mimagement of the houses and a suitable allowance for depreciation) the interest which would have been payable on the capital cost of building the houses if they had been built after that date. 2. The Local Authority in first fixing the rents under an assisted scheme may have regard to the rents obtaining in the locality for houses for the working classes, and to the operation of the Increase of Rent and Mortgage Interest (War Restrictions) Act, 1915, and any Acts amending or extending that Act; but in that case the Local Authorities should also have regard to : — ■ (a) any increase of rents authorised by any such Acts ; and (b) any superiority in the condition or amenity of the houses to be let by them under the assisted scheme or in the accommodation provided therein. 3. If it appears that the rents as first fixed under the assisted scheme will require to be increased before the 31st day of March, 1927, in i:i6 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. Older that the intention of these rules may be complied with, such increase should be effected by periodical additions to the rents during the financial years succeeding that in which the rents were first fixed. Given under the Official Seal of the Minister of Health, this Sixth day of October, in the year One thousand nine hundred and nineteen. CHRISTOPHER ADDISON, Minister of Health. WE approve these Regulations-- J. TOWYN JONES R. A. SANDERS Lords Commissioners of His Majesty's Treasury. [Note. — In General Housing Memorandum No. 8, the Ministry of Health say: — "If housing is to be re-established on an economic footing there must be a heavy increase in the rent of houses, and there would appear to be no reason why the rents of houses should permanently be placed in a 'difl'erent categoi-y from the prices of other commodities, such as food and clothing, which are necessary to life and health. In framing their financial proposals the Government have been influenced by the urgent necessity of building a sufficient number of houses to relieve the present .scarcity and overcrowding. It was never intended that rents should be permanently subsidised. Such a subsidy would be equivalent to a subsidy in aid of wages and would be a measure of injustice to those worker.3 who were not fortunate enough to be tenants of State-aided houses. The intention of the subsidy was first to relieve the local rates in respect of expenditure attributable to the temporary and unavoidable inflation of prices due to war conditions, and secondly to bridge over a difficult transitional period during which economic rents and prices are adjusting themselves to new conditions. The position is complicated by the opera- tion of the Increase of Rent, &c.. Acts, and it may be anticipated that when those Acts have ceased to have effect, rents will show an upward tendency until the economic level has been reached. The economic level of rents will depend upon the post-war normal level of prices in the btiilding trade. It would be impossible at the present time to forecast with any degree of assurance what that level will be, but it is necessary, foT the purposes of administration, that guiding rules should be laid down The Ministry have therefore provisionally adopted the following assump- tions, as guiding rules for the determination of rents: — (1) That a normal level of prices will be reached in 1927 ; and (2) that the level of prices will then be two-thirds of the present level. These rules are, of course, liable to revision when the trend of prices becomes more clearly defined. What the Ministry ask of Local Authorities is that they should use every endea- vour to obtain as early as possible a rent which would give a fair economic Tetum on a capital outlay equivalent to two-thirds of the actual cost at which the houses were built. Since the prevailing rents are considerably below this level, but may be expected to rise as soon as the operation of the Increase of Rent, &c.. Act? has been removed, the regulations provide that the Local Authorily may, if they so decide, charge initially a rent fixed with regard to the prevailing rents, and raise the rents by instalments until the desired level is attained. If the Local Authority decide to take this course it would be desirable that the tenant should be apprised at the outset that the low rent is a temporary concession due to_ the present situa- tion. In every ca^se, however, the T>ocal Authority will be required to make such additions to the initial rents as will at least represent — (1) the additions allowed by the Increase of Rent, &c.. Acts in the case of existing houses, and (1) the better condition, accommodation, amenity, etc., and the larger gardens now to be provided. The Local Authority will realise that unless rents can be raised to an economic level the burden which will be thrown on the Excheouer will be a matter for grave anxiety. Tlie position must be examined with reference to the conditions obtaining in THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. KJT each district, and the Miniptry do not consider that any difficulty should arise if they are assured of the willing co-operation of the Local Authority with a view to lightening, as far as possible, the burden which must fall on the taxpayer. The regulations provide that in the event of any difference of opinion between the Ministry and the Local Authority, with regard to the sufficiency of the rents to be charged, the question at issue shall be referred to an i,ndependent arbitrator for decision."] THE COUNTY COUNCILS (ASSISTED SCHEMES FOR THE HOUSING OF EMPLOYEES) REGULATIONS, 1919. TO THE COUNCILS of the several Administrative Counties in England and Wales ; — And to all others whom it may concern. WHEREAS by sub-section (1) of Section 7 of the Housing, Town Planning, &c. Act, 1919, it is enacted (amongst other things) that if it appears to the Local Government Board that the carrying out of any scheme approved by the Board for the provision of houses for persons in the employment of, or paid by, a county council, or a statutory committee thereof, has resulted or is likely to result in a loss, the Board shall, if the scheme is carried out within such period after the passing of that Act as may be specified by the Board with the consent of the Treasury, pay or undertake to pay to the county council, out of moneys provided by Parliament, such part of the loss as may be determined to be so i)ayable under regulations made by tlie Board with the approval of the Treasury, subject to such conditions as may be prescribed by those regulations ; And whereas by sub-section (2) of the said Section 7 it is enacted that such regulations shall provide that the amount of any annual pajment to be made under the Section shall, in the case of a scheme for the provision of houses for persons in the employment of, or paid by, a county council, or a statutory committee thereof, be an amount equivalent to thirty per centum of the annual loan charges as calculated in accordance with the regulations on the total capital expenditure incurred by the county council for the purposes of the scheme : NOW THEREFORE, the Minister of Health, in pursuance of his powers under the recited enactments and under any other Statutes in that behalf, hereby makes the following Regulations : — Article I. — In these Regulations, unless the contrary intention appears : — (a) The expressian " the Minister " means the Minister of Health ; (b) The expression " the Act of 1919 " means the Housing, Town Planning, &c. Act, 1919; and (r) The expression " County Council "^includes a statutory committee of a county council, the Lancashire Asylums Board, the West Riding of Yorkshire Asylums Board, and any other body con- 138 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. stituted for the purpose of the administration of the Lunacy Acts on behalf of any combination of county councils and county borough councils. Article II. — Subject to the provisions of Article III. of these Regulations : — (1) An annual contribution out- of moneys provided by Parliament (herein-after referred to as " the Exchequer subsidy ") shall be made by the Minister towards the cost of carrying out a scheme submitted by a County Council, and approved by the Minister, for the provision of houses for persons in the employment of, or paid by, the County Council. (2) The Exchequer subsidy shall be an amount equivalent to thirty per >cent. of the annual charges, in respect of interest and and repayment of principal, on the aggregate amount of the loans raised by the County Council for the purposes of the approved scheme (including any accumulated funds or other capital moneys belonging to the County Council and used by them for the said purposes) : Provided that the Minister may reduce the amount of the Exchequer subsidy in any case .in which he is satisfied that the capital expenditure incurred by the County Council has been excessive. (3) The Exchequer subsidy shall be payable in two half-yearly instalments or in such other manner as the Minister may think fit during the periods allowed for the repayment of the loans raised by the County Council for the purposes of the approved Scheme, and shall be reduced by the Minister so far as may be necessary when the period allowed for the repayment of any one of the said loans has expired. (4) For the purposes of this Article the annual charges on the aggregate amount of the loans raised by the County Council (including such funds or capital moneys as aforesaid) shall be deemed to be the annual charges which would have been payable by way of equal annual instalments of principal with interest combined if those loans had been borrowed from, the Public Works Loans Commissioners, on the terms granted for the time being to Local Authorities in the case of schemes to which Section 7 of the Act of 1919 applies. Abiicle III. — (1) The Exchequer subsidy shall cease to be payable — (a) in any case in which the Minister is not satisfied that reasonable progress has been made with the carrying into effect of the scheme within twelve months from the oassing of the Act of 1919; and (h) in respect of any scheme or part of a scheme not carried into effect before the expiry of a period of three years from the passing of the Act of 1919, or such later date as the Minister may allow, regard being had to the svipplies of labour and material available from time to time and all other local or general circumstances affecting the carrying into effect of the scheme. (2) For the purposes of these Regulations a scheme or part of a scheme shall be deemed to have been carried into effect when all the houses to be provided thereunder are let or available for letting. Ariicle IV. — These Regulations may be cited as " The County CoL-ncils (Assisted Schemes for the Housing of Employees) Regulations, THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 139 1919," and shall, unless and until re.voked or altered by the Minister, with the approval of the Lords Commissioners of His Majesty's Treasury, apply and have effect with respect to any scheme made by a County Council and approved by the Minister in accordance with these Regu- lations : Provided that, in any case where a difficulty arises with regard to the application of these regulations, the Minister may, by Order, make such minor modification of these Regulations as may be necessary, in regard to any particular scheme, for the purpose of giving effect to the intention of these Regulations. Given under the Official Seal of the Minister of Health, this Sixth day of October, in the year One thousanE nine hundred and nineteen CHRISTOPHER ADDISON, Minister of Health. WE approve these Regulations — R. A. SANDERS J. TOWYN JONES Lordg Commissioners of His Majesty's Treasury. THE PUBLIC UTILITY SOCIETIES (FINANCIAL ASSISTANCE) REGULATIONS, 1919. TO THE COUNCILS of the several Administrative Coimties in England and Wales ; — TO THE MAYOR. ALDERMEN, AND COMMONS of the City of London, in Common Council assembled ; — TO THE COUNCILS of the several Metropolitan Boroughs, Municipal Boroughs and other Urban Districts in England and Wales ; — TO THE COUNCILS of the several Rural Districts in England and Wales ; — TO ALL PUBLIC UTILITY SOCIETIES registered under the Industrial and Provident Societies Acts, 1893 to 1913; — And to all others whom it may concern. WHEREAS by sub-section (1) of Section 19 of the Housing, Town Planning, &c. Act, 1919, it is enacted that where a public utility society as defined by that Act has submitted to the Local Government Board a scheme for the provision of houses for the working classes and the scheme is approved by the Board, then, if the scheme is carried out within such period after the passing of that Act as may be specified by the Board, with the consent of the Treasury, the Board may pay or undertake to py the Minister so far as may be necessary when the period allowed for the repayment of any one of the said loans has expired : (4) For the purposes of this Article the i.nnual charges on the capital raised by the Society shall be deemed to be the annual charges which would have been payable, by way of equal annual instalments of principal with interest combined, on the like amount of capital if it had been borrowed from the Public Works Loan Commissioners on the terms pranted for the time beinp; to Public I^tility Societies whether the capital has in fact been borrowed from the Public Works Loan Commissioners or otherwise provided. Abiicle III. — (1) The Exchequer subsidy shall cease to be payable — («) in any case in which the Minister is not satisfied that reasonable progress has been made with the carryinj^ into effect of the scheme within twelve montlis from the passing of the Act of 1919; and (/;) in respect of any scheme or part of a scheme not carried into effect before the expiry of a period of three years from the passing of the Act of 1919, or such later date as the Minister may allow, regard being had to the supplies of labour and material available from time to time and all other local or general circumstances affecting the carrying into effect of the scheme. (2) For the purposes of these Regulations a scheme or part of a sche.me shall be deemed to have been carried into effect when all the houses to be provided thereunder are let or available for letting. At.ticle IV. — (1) The scheme as submitted for approval, shall be accompanied by detailed plans, specifications, and estimates of the cost of the works, by a balance sheet showing the estimated annual income and expenditure under the scheme and by a copy of the rules or proposed rules of the Society. (2) The carrying out of the works shall be subject to the supervision of the Minister, exercised'-either through his own officers or through the Local Authority. Artiple V. — For the purposes of Article II. (2) of these Regulations the sum to be included in the capital raised by the Society under the approved scheme in respect of the professional charges uaid or to be paid by the Society, in connection with the building nf the houses and the lay-out of the estate under the scheme, shall not exceed 5 per cent, of the .gross capital expenditure approved by the Minister. Article VI. — The rents to be charged for houses included in the scheme shall be subject to the approval of the INIiniater. and shall not be altered without the consent of the Minister. I Article VII. — The Society shall not sell any land or houses included in the approved scheme, except with the consent of the Minister, and subject to Regulations to be made by the Minister, with the concurrence of the Public Works Loan Commissioners. Article VIII. — (1) The Society shall keep separate accounts relating to the approved scheme, and those accounts shall be made up a7id shall be audited by a District Auditor in like manner, and subject to the same provisions, as the accounts of an Turban District Coimcil, and for this purpose the enactments relating to the audit by District Auditors of the last-named accounts and to all matters incidental thereto 142 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. and consequential thereon, shall apply to the said accounts of the Society. (2) So far as may be necessary for the purpose of his duties under sub-division (1) of this Article the District Auditor shall have access to all the books, deeds, documents, and accounts of the Society. (3) A balance sheet and summary of the accounts relating to the approved scheme for each financial year shall, during the ensuing financial year, be open to inspection by any person at the office of the Society on payment of a fee of one shilling, and a copy of the balance sheet and summary shall be sent to the Local Authority at the conclusion of the financial year to which it relates. Article IX. — The Society, in consideration of the payment of the Exchequer subsidy, shall give an undertaking, in a form approved by the Minister, that in the event of the dissolution of the Society before the Exchequer subsidy has ceased to be payable, they will, if required by the Minister, after paying the outstanding charges (if any) in respect of the moneys borrowed by them, and after paying oft all shares at par, devote the remainder of the proceeds of the sale of the property, or such part thereof as the Minister may determine, towards the repayment of the Exchequer subsidies. Article X. — (1) The rules of the Society and any amendment thereof shall be subject to the approval of the Minister. (2) The rules of the Society shall, unless the Minister otherwise allows, be 60 framed as to give effect to the following provisions : — (i) The objects of the Society shall include the provision, improve- ment and management of houses for the working classes. (ii) Every member of the Society shall hold at least one share (of the value at the least of £1) in the Society, and the Board of Management of the Society shall not refuse to admit to membership of the Society any person who has been for three months a tenant of the Society. (iii) Tenants {or, if the Society so determine, tenant members) may elect annually from among themselves a Tenants' (or Tenant Members') Committee, and such Committee shall have such rights, powers and duties (in addition to those which are expressly conferred on or vested in them by the Rules of the Society), as the Board of Management of the Society, with the concurrence of such Committee, may determine. Each tenant {or tenant member) shall be entitled to one vote at the election of the members of the said Committee. (iv) The management of the business of the Society shall be vested in a Board of Management, of whose members (as from the date of the first annual general meeting of the Society after the approval of the scheme) at least one quarter shall be tenant members appointed by the Tenants' (or Tenant Members') Committee. (v) At all general meetings of the Society each fully paid-up share against which there is no set-off in the books of the Society shall carry one vote, and not less than five times that amount of loan stock held, by a member shall carry one vote : Provided that the possession of loan stock apart from membership shall not entitle its holder either to a vote or to attendance at meetings of the Society : Provided also that a limitation may be imposed on the number of votea which may be recorded .nt any meeting by any one member, THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 143 (vi) Each tenant shall have undisturbed occupancy of his house and garden so long as — (a) he fulfils the tenancy regulations made by the Board of Management ; and (h) he pays any rent or debts due from him to the Society; and (c) he and the occupants of his house avoid any conduct detrimental to good neighbourship : Provided that the tenant shall not be given notice to quit by the Board of INIanagement on the ground of conduct detrimental to good neighbourship except with the concurrence of the Tenants' (or Tenant Members') Committee. (vii) Any profits remaining to the Society after providing for : — (o) the annual charges, in respect of interest and repayment of principal, on the loans and loan stock raised by the Society : (b) the taxes, rates, rents, insurance premiums, or other charges payable by the Society in respect of any land or houses belonging to them ; (c) the costs of administration and management and of repairs of property ; (d) such allocations to a Reserve Fund as may be determined by the Board of Management ; (e) any other necessary expenses incurred by the Board of Manage- ment ; and (/) a dividend not exceeding the rate authorised by the statutes in force, on the share capital of the Society ; shall be applied, in such manner as may be determined by the Board 'of Management, for the benefit of the tenants generally. Article XT. — These Regulations may be cited as " The Public Utility Societies (Financial Assistance) Regulations, 1919," and shall, unless and until revoked or altered bv the Minister with the approval of the Lords Commissioners of His Majesty's Treasury, apply and have effect with respect to any scheme made by a Public Utility Society and approved by the Minister in accordance with these Regulations : Provided that in any case where a difficulty arises with regard to the application of these Regulations, the Minister may. by Order, make such minor modification of these Regulations as may be necessary in regard to any particular scheme, for the purpose of giving effect to the intention of these Regulations. Given under the Oflicinl Seal of the Minister of Health, this Sixth day of October, in the year One thousand nine hundred and nineteen. CIiniSTOPHER, ADDISON, Minister of Health. WV. iv] prove these Regulations- — J. TOWYN JONES R. A. SANDERS Lord.t Commissioners of Hid jlfajrsfi/'s Trvasury. 144 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. ASSISTED SCHEME (PUBLIC UTILITY SOCIETY). STATEMENT OF ESTIMATED ANNUAL INCOME AND EXPENDITURE to be submitted by a Public Utility Society in respect of each Scheme for which the financial assistance is claimed under the terms of the Housing, Town Planning, &c. Act, 1919. INSTRUCTIONS. 1. This form should be completed in duplicate and the two copies should be submitted to the Housing Commissioner dealing with the scheme in question at the same time as the provisionally accepted tender for the erection of the houses is submitted. 2. In completing the main statement the following rules should be observed : — (a) The annual deduction in respect of unoccupied bouses and uncol- lected rents should not exceed 5 per cent, of the gross estimated rent ; (h) The annual deduction for cost of repairs and maintenance should not e.xceed 15 per cent, of the gross estimated rent ; (c) The annual deduction for cost of supervision and management should not exceed 5 per cent of the gross estimated rent. The gross estimated rent, where rent is inclusive of rates and water charges, is the estimated inclusive rent, less rates and water charges. 3. The supplementary tables must be completed in all cases in which they are applicable. 4. Loan Charges. — Under this head should be entered the annual sums (including principal and interest without deduction of Income Tax) required to repay the estimated amount of the loans on the annuity system. In the case of money to be advanced by the Public Works Loan Commissioners, the period for repayment on which these loan charges should be calculated is 50 years, and the rate of interest should be taken at 51 per cent. The loan charges for any sum can be obtjuned from the half-yearly charge for £100, which on the basis of 50 years and 5| per cent, is £3 la. Id. 5. Where a scheme is being proceeded with in sections, only the charges properly attributable to the section in question must be entered. MAIN STATEMENT. Scheme No P.U.S Section of Scheme (1st. 2nd, etc ) Local Authority EMiwated Aiinii'd Expenditure, £ Loan Charges oi: Govenimfnt Estimated Annual Income. £ s. d. From inclusive rents Lens allowance for unoccu- pied houses and uncollected rents Estimated net receipts from rents From other sources (if any) specifying them : — Estimated State Subsidy loans ChavRcs on pci/atoly Bubsoribrd capital ... Rates Taxes Insurance Water supply Repairs and maintenance Management wnd collection of rents Balance to reserve Date Signed Secretary to P.U.S. THE HOUSIKG AND TOWN PLANNING ACTS AS AMENDED. 145 SUPPLEMENTARY TABLES. A. — Land. Total area of site acres. Total cost or rent of site (as approved by Ministry) £ ; Area in present section of scheme Apportioned cost (or rent) of present section, £ B.— Development. Total cost of development (i.e., street works, sewers, etc.) as ap- proved by Ministry, £ Apportioned cost to present section of scheme, £ C. — Buildings. Total cost of houses in jjresent section, £ D. — Capital and Loan Chakges. A.dvaaoes required from Public Works Loan Commissioners J Privately subscribed capital Total cost of present section of aohenie Amount. Annval Charges. " This must not ezceed 75 per cent, of the total cost of the section. f Give below particulars as to this capital, i.e., amount of share capital, loans, and loan stock, and also particulars as to annual charges, including rate of interest (which must not exceed 6 per cent.), and as to security for loans. E. — Authorised Capital of Society. Total amount authorised by Rules ... ... ... £ Amount already borrowed in respect of previous schemes ... ... £ 146 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. K •* ■" s o ft Rates in pound. Estimated R.V. per house. Is o H - OJ % Proposed weekly rent per house ex- ■luding rates. C 3 o H Type of House. a c c i a E t c c a c I : c 3 Z c c t- o I I i I ' b f 3 ;: 3 a m 2 S 3 8 £ »-« .-^ ' ^ 1 1 ' <^ S a : s s" " ^ § £ 1 bC M r^ : .5 .2 ? ills i 1 1 J .5 > z I > c < THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 147 ^^ .^ 3 »H j3 0) C3 a ^ < t^ qJ o 3 CJ cii -*-' 'if, > ^ W I-"; CU --=:-=;?:; f— * CO ^ PM 148 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. H. — Estimated State Subsidy. Total cost of present section of Scheme, £ Loan charges on three-fourths of this amount as if borrowed on the annuity system of repayment for a period of 50 years at 5| per cent., £ 40 per cent, of these loan charges, £ Note — General Housing Memorandum No. 9 (D. 104) deals in Financial Assistance to Public Utility Societies and Housing Trusts, and contains in an appendix mode) rules for a Public Utility Society. The memorandum can be purchased through any Bookseller, or directly from H.M. Stationery Office, Imperial House, Kjngsway, London, W.C.2 ; 28, Abingdon Street, London, S.W. 1 ; 37. Peter Street, Manchester; and 1, St. Andrew's Crescent, Cardiff. THE HOUSING TRUSTS (FINANCIAL ASSISTANCE REGULATIONS, 1919. TO THE COUNCILS of the several Administrative Counties in England and Wales ; — TO THE MAYOR, ALDERMEN, AND COMMONS of the City of London, in Common Council assembled ; — TO THE COUNCILS of the several Metropolitan Boroughs, Municipal Boroughs and other Urban Districts in England and Wales ; — TO THE COUNCILS of the several Rural Districts in England dnd Wales ; — To the Trustees of all Housing Trusts as herein defined ; — And to all others whom it may concern. WHEREAS by sub-section (1) of Section 19 of the Housing, Town Planning &c. Act, 1919, it is enacted that where a housing trust as defined by that Act has submitted to the Local Government Board a scheme for the provision of houses for the working classes and the scheme is approved by the Board, then, if the scheme is carried out within such period after the passing of that Act as may be specified by the Board, with the consent of the Treasury, the Board may pay or undertake to pay out of moneys provided by Parliament such con- tributions towards the cost of carrying out the scheme as may be determined to be payable under regulations made by the Board, with the approval of the Treasury, subject to such conditions (including conditions as to audit of accounts by district auditors) as may be prescribed by those regulations ; And whereas by sub-section (2) of the said Section it is enacted that the regulations shall provide that the amount of any annual payment to made under the Section shall be equivalent to thirty per centum of the annual loan charges which would have been payable in accordance with the regulations on the total capital expenditure incurred THE HOUSING AND TOWN PLANNING AC3TS AS AMENDED. 149 by the housing trust for the purposes of the scheme if the amount of that expenditure had been borrowed from the Public Works Loan Commissioners ; And whereas by Section 40 of that Act the expression " housing trust " is defined as follows : — " The expression ' housing trust ' means a corporation or body " of persons which, by the t«rms of its constituent instrument, is " required to devote the whole of its funds, including any surplus " which may arise from its operations, to the provision of houses " for persons the majority of whom are in fact members of the " working classes, and to other purposes incidental thereto " : NOW THEREFORE, the Minister of Health, in pursuance of his powers under the recited enactments and under any other Statutes in that behalf, hereby makes the following Regulations : — Aeticle I.— In these Regulations, unless the contrary intention appeal's : — (a) The expression "the Minister" means the Minister of Health; (b) The expression " the Act of 1919 " means the Housing, Town Planning, &c. Act, 1919; (c) The expressions " Housing Trust " and Public Utility Society " have the same meaning as in the Act of 1919 ; (d) The expression " Local Authority " means the Local Authority within the meaning of Part III. of the Housing of the Working Classes Act, 1890, for the district in which the houses are built or to be built by the Housing Trust. Abiicle II. — Subject to the provisions of these Regulations, and provided that these Regulations are complied with : — (1) An annual contribution out of moneys provided by Parliament (herein-after referred to as " the Exchequer subsidy ") may be made by the Minister towards the cost of carrying out a scheme submitted by a Housing Trust and approved by the Minister, and the amount of the Exchequer subsidy shall be calculated as herein-after provided. (2) The amount of the Exchequer subsidy shall be the equivalent of thirty per centum of the annual charges which would have been payable, in respect of interest and repayment of principal, on the capital expended by the Trustees for the purposes of the approved scheme if that capital had been raised by way of a loan advanced by the Public Works Loan Commissioners, on the same terms as those granted for the time being to a Public Utility Society for the like purposes : Provided that the Minister may reduce the amount of the Exchequer subsidy in any case in which he is satisfied that the capital expend^re incurred by the Trustees has been excessive. (3) The Exchequer subsidy shall be payable in two half-yearly instalments or in such other manner as the Minister may think fit during the period of fifty years from the date on which the scheme is approved by the Minister, and for the purposes of sub-division (2) of this Article that date shall be the date from which the annual charges therein referred to shall be deemed to become payable. 150 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. Article III. — (1) The Exchequer subsidy shall cease to be payable — (a) in any case in which the Minister is not satisfied that reasonable progress has been made with the carrying into effect of the scheme within twelve months from the passing of the Act of 1919; and (b) in respect of any scheme or part of a scheme not carried into effect before the expiry of a period of three years from the passing of the Act of 1919, or such later date as the Minister may allow, regard being had to the supplies of labour and material available from time to time and all other local or general circumstances affecting the carrying into effect of • the scheme. (2) For the purposes of these Regulations a scheme or part of a^ scheme shall be deemed to have been carried into effect when all the houses to be provided thereunder are let or available for letting Article IV. — (1) The scheme as submitted for approval, shall be accompanied by detailed plans, specifications, and estimates of,- the cost of the works. (2) The carrying out of the works shall be subject to the supervision of the Minister, exercised either through his .own officers or through the Local Authority. Article V. — The capital expenditure in respect of which the annual charges referred to in Article II. (2) of these Regulations shall be deemed to be payable shall not include any sum in respect of the pro- fessional charges to be paid by the Trustees in excess of five" per centum of the gross capital expenditure approved by the Minister. Article VI. — The rents to be charged for houses included in the scheme shall be subject to the approval of the Minister, and shall not be altered without the consent of the Minister. Article VII. — The Trustees shall not sell any land or houses included in the scheme, except with the consent of, and subject to conditions laid down by the Minister. ^ Article VIII. — (1) The Trustees shall keep separate accounts relating to the approved scheme, and those accounts shall be made up and shall be audited by a District Auditor in like manner, and subject to the same provisions, as the accounts of an Urban District Council, and for this purpose the enactments relating to the audit by District Auditors of the last-named accounts and to all matters incidental thereto and consequential thereon, shall apply to the said accounts of the Trustees. (2) So far as may be necessary for the purpose of his duties under sub-division (1) of this Article the District Auditor shall have access to all the books, deeds, documents, and accounts of the Trustees. Article IX. — These fiif;ulations may be cited as " The Housing Truf5ts (Financial Assistwl^e) Regulations, 1919," and shall, unless and until revoked or altered by the Minister, with the approval of the Lords Comissioners of His Majesty's Treasury, apply and have effect with respect to any scheme made by a Housing Trust and approved by the Minister in accordance with these Regulations : Provided that, in any case where a difficulty arises with regard to the application of these Regulations, the Minister may by Order, make such minor modification of these Regulations as may be necessary, in regard THE HOUSING ANU TOWN PLANNING ACTS AS AMENDED. 151 to any particular scheme, for the purpose of giving effect to the intention of these Regulations Given under the Official Seal of the Minister of Health, this Sixth day of October, in the year One thousand nine hundred and nineteen. CHRISTOPHER ADDISON, Minister of Health. WE approve these Regulations — J. TOWYN JONES R. A. SANDERS Lords Commissioners «' His Maji'stij's Treasury. THE HOUSING ACTS (COMPULSORY PURCHASE) REGULATIONS, 1919. Thk Minister of Health, in pursuance of the powers conferred on Him by the Firs^ Schedule to the Housing, Town Planning, &c. Act, 1909, and of all other powers enabling Him in that behalf, hereby makes the following Regulations : — Article I. — These Regulations may be cited as " The Housing Acts (Compulsory Purchase) Regulations, 1919." Akticxe II. — The Housing, &c. (Form of Compulsory Purchase Order, &c.) Order, 1911, made by the Local Government Board on the 14th day of June, 1911, is hereby revoked, except so far as it relates to any Compulsory Order made thei-eunder before the date of these Regulations. Article III. — An Order made by a Local Authority under the First Schedule to the Housing, Town Planning, &c. Act, 1909, (herein-after referred to as " the Compulsory Order ") shall be in the Form set forth in the Schedule hereto, or in a Form substantially to the like effect. -Article IV. — (1) Before submitting the Compulsory Order to the Minister of Health for confirmation, the Local Authority shall cause the came to be published by advertisement in two successive weeks in one or more of the local newspapers circulating in the District of the Local -Authority and in the Parish or Parishes in which the land to which the Compulsory Order relates is situated. * A memorandum. General Housing Memorandum No. 6 D98, has been issued drawing attention to these Regulatiofls 152 THE HOUSING AND TOWN. PLANNING ACTS AS AMENDED. (2) The advertisements shall be headed respectively " First Advertise- ment " and " Second and Last Advertisement," and the first of the said advertisements shall be published not later than the seventh day after the making of the Compulsory Order. (3) Each of the said advertisements shall contain in addition to a copy of the Compulsory Order a notice setting out the following particulars : — (a) a statement that any objection to the Compulsory Order must be presented to the Minister of Health within the period of fourteen days from and after the date of the publication of the first advertisement; and (6) a statement of the period, times, and place or places during and at which the deposited plan referred to in the Schedule to the Compulsory Order may be inspected by or on behalf of any person interested in the land to which the Compulsory Order relates. (4) The plan referred to in the Schedule to the Compulsory Order shall be deposited by the Local Authority not later than the seventh day after the making of the Compulsory Order at a place convenient for the purposes of inspection, and shall be kept deposit-ed thereat for a period not being less than fourteen days from the date of the publication of the first advertisement ; and the said plan shall be open for inspection by any person interested or affected, without payment of any fee, at all reasonable hours on any week-day during the said period. The Local Authority shall also make suitable provision for affording to any such person inspecting the said plan any necessary explanation or information in regard thereto. Article V. — (1) The Local Authority shall, not later than the seventh day after the making of the Compulsory Order, cause notice thereof to be given to every owner, lessee, and occupier of the land to which the Compulsory Order relates, and every such notice shall include a copy of the Compulsory Order, to which shall be appended a notice containing the particulars mentioned in paragraph (3) of Article IV. of these Regulations. (2) The Local Authority shall furnish a copy of the Compulsory Order, free of charge, to any person interested in the land to which tho* Compulsory Order relates, upon his applying for the same. Article VI. — The period within which an objection to a Compulsory Order may be presented to the Minister of Health by a person interested in the land to which the Compulsory Order relates shall be the period of fourteen days from and after the date of the publication of the first advertisement of the Compulsory Order. Article VII. — (1) The Local Authority shall as soon as practicable after the confirmation of the Compulsory Order cause a copy of the Compulsory Order as confirmed to be served on every owner, leasee, and occupier of the land to which the Compulsory Order relat/es. (2) A copy of the Compulsory Order as confirmed shall be furnished free of charge by the Local Authority to any person interested in the land authorised to be purchased upon his applying for the same, and a copy of any plan to which reference is made in the Compulsory Order as confirmed shall also be furnished by the Local Authority to any such person upon his applying for such copy and paying the reasonable cost •f preparing the same. Article VIII. — Every notice or other document which in pursuance THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 153 of paraEjraph (1) of Article V. or of paragraph (1) of Article VII. of these Regulations is required to be given or served by the Local Authority to or on an owner, lessee, or occupier, shall be served : — (a) by delivery of the same personally to the person required to be served, or, if such person is absent abroad or cannot be found, to his agent; or {b) by leaving the same at the usual or last known place of abode of such person as aforesaid ; or 'c) by post as a registered letter addressed to the usual or last known place of abode of such person ; or (d) in any case to which the three preceding paragraphs are inapplic- able by affixing the notice or other document upon some con- spicuous part of the land to -which the notice or document relates ; or (e) in the case of a notice required to be served on a local authority or corporate body or company, by delivering the same to their clerk or secretary or leaving the same at his office with some person employed there, or by post as a registered letter addressed to such clerk or secretary at his office. Article IX. — Articles III. to VIII. of these Regulations shall not apply to any Compulsory Order made before the date hereof. SCHEDULE. The Housing Acts, 1890-1919. Order for the Purpose of the Compulsory Acquisition of Lands. The* hereby make the following Order : — 1. The provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement are, subject as herein-after provided, hereby out in force as respects the purchase by the* of the lands described in the Schedule hereto for thet 2 The Lands Clauses Acts (except Section 127 of the Lands Clauses Consolidation Act. 1845), as modified varied or amended by the First Schedule to the Housing, Town Planning, &c. Act, 1909, the Housing, Town Planning &c. Act, 1919, and the Acquisition of Land (Assessment of Compensation) Act, 1919, and Sections 77 to 85 of the Railways Clauses Consolidation Act, 1845, are, subject to the necessary adaptations, incorporated with this Order, and' the provisions of those Acts shall apply accordingly. +3. The sums agreed upon or awarded for the purchase of the lands described in the Schedule to this Order, being glebe land or other land belonging to an ecclesiastical benefice, or to be paid by way of compen- sation for the damage to be sustained by the owner by reason of severance or other injury affecting any such land, shall not be paid as directed by the Lands Clauses Acts, but shall be paid to the Ecclesiastical Commissioners to be applied by them as money paid to them upon a Bale, under the provisions of the Ecclesiastical Leasing Acts, of land belonging to a benefice. (3.) This Order shall como into operation as from the date of its confirmation by the Minister of Health. 154 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. The Schedule abcve referred to. Numbers on Plan deposited at the Offices of the- Quantity Description and Situation of the Lands. Owners or reputed Owners. Lessees or reputed Lessees. Occupiers. Given under the seal of the'' this day of 19 * Here insert title of the Authority making the Order. t Here insert " purposes of Part, III. of the Honsiup of the Working C'asses Act, 1890," or " purpose of [a town planning scheme] under the Town Planning Acts, 1909 and 1919," as the circumsthnces require. In the case of a town-planning schime, the name of the Authority who made the scheme and the date or short title of the scheme should be siattd. J Insert this Article where the lands described in the Schedule to the Order include glebe land or other land belonging to an ecclesiastical benf fice. Given under the Official Seal of the Minister of Health, this Twenty-ninth day of August, in the year One thousand nil e hundred and nineteen. J^. s. CHARLES KNIGHT, A.-isififant Secretary, Minislry of Health THK HOUSING AND TOWN I't.ANX INC ACTS AS AMENDKI). 155 STANDARD SPECIFICATION FOR COTTAGES. The Ministry of Health in a memorandum (General Housing Memoran- dum No. 3*) accompauyintr the standard siiecification given hereafter r4ate :— 1. Enclosed with this Memorandum are three copies of the Standard Form of Specification D. 82, which the Ministry of Health have caused to be prepared for use by local authorities and public utility societies Ml connection with State-aided Housing Schemes under Part III. of the ousing of the Working Classes Act, 1890. 2. Every scheme which has not yet gone to tender, or is not at the date of the issue of this Memorandum on the point of going to tender, .should comply with the standard form of specification. 3 It will be observed that the standard specification is drafted so as to cover various alternatives, and it should be adapted so as to suit the particular circumstances of each scheme. 4. The Ministry will not be prepared to approve schemes which show deviations from the standard specification, except in so far as the Ministry agree that they are rendered desirable by local circumstances and conditions. 5 It is very desirable that quantities should be taken off in such a way as to enable tenderers to tender for as many or as few houses a.i they desire. In this way it is hoped to give an opportunity to small builders to tender for work to the extent to which their capacity permits, and it is hoped that in this way lower tenders may be obtained RTi'i greater expedition in the building of the houses. Local authoritie« should theiefore arrange that qu.an titles should be taken off for block I'nits of types, thus : — If the lay-out provides for detached houses : — Quantities for one house of each type. If the lay-out provides for semi-detached houses : — Quantities for each pair in types If the lay-out provides for three houses or more : — Quantities for each block in types. SPECIFICATION of works to be execuied and materials to bb PROVIDED FOR THE ERECTION AND COMPLETION OF COTTAGES. This Specification with the drawings of the respective types of Cottages forms part of the Contract between and Preliminaries. The work to be done under this specification is intended to include all the general work preparatory to its execution ; for the compliance by the Contractor with all the conditions of the contract ; for the plant, scaffolding, tools and sheds; proper and sufficient protective v.orks; notices, licences, and fees: for fire, workmen and other insurances; mess rooms fo" workmen ; regular clearance of rubbish ; and for all other n atters necessary for the completion of the several works satisfactorily to the true intent and meaning of the drawings and this specification. *' The Memorandum is numbered D90 and waa issued in Au2us.t. 1919. 156 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. Adequate latrine accommodation is to be provided and kept in a proper sanitary condition, and wherever practicable a connection is to be made immediately with public sewerage for the same, and the trapping and ventilation thereto are to be carried out in accordance with the regulations. Clear away the latrines and soil whenever necea- sary, and make good at completion all work disturbed by the erection of these conveniences. Provide the water necessary for the use of the works. Provide all necessary appliances for keeping the trenches and excava- tions free from water during the execution of the works. Provide a suitable office with the necessary heating, lighting, furniture, and sanitary accommodation, for the use of the Architect when he is visiting the works, and for the Clerk of Works and for all attendance during the period of the work. Provide the necessary watchman for the protection of the works, and such lighting as may be found necessary. Provide any protection around the site that may be necessary for the public safety. Attend upon, cut away for, and make good ^ifter all Trades in all Trades. Protect and keep from damage due to the operations under the contract, all fences, paths, trees, shrubs, greens, and other surfaces about the buildings or approaches thereto which are required to be maintained. EXCAVATOR AND CONCRETE. 2. Surface Soil. Carefully remove and preserve any turf and stack where directed. Remove the vegetable earth, or other surface soil to the depth required under the houses, and deposit the material in separate heaps for use or for clearing away eventually, and clear away what is not needed. All excavation is to be disposed of on the site, if possible. 3. Trench Digging. Excavate below the foregoing level for the trenches required for the foundations to all the walls, piers, chimney breasts and other work indicated on the drawings to the lengths, widths, and depths shown, or to greater depths should the earth at the levels indicated not be suffi- ciently solid for a good foundation. Level the bottoms of the trenches for the concrete. 4. Strutting and Plankikg. ^ Strut and plank all excavations wherever necessary. FixLiNO In. Fill in and ram the best of the excavated earth about the foundation of walls, etc., and deposit or clear away the surplus as required. 6. Consolidate Earth. Well level, ram and consolidate the earth below all floors and pavings, concrete, etc. All trench bottoms are to be inspected and approved by the Architect before any concrete is laid therein. 7. Lime. Where suitable blue lias or stone lime can be obtained locally they can, except as hereinafter specified, be used in place of Portland cement. THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 157 8. Cement. The Portland cement is to be of approved manufacture, of a quality which complies with the requirements of the current specification adopted by the British Engineering Standards Committee, slow setting quality to be used generally. 9. Gauging Conchete, Mortar, &c. Provide the necessary boxes for accurately measuring the ingredients for concrete, mortar, plastering, etc. All gauging and mi.xing is to be performed on proper wooden platforms. 10. Aggregate for Concrete. The aggregate for concrete is to be composed of hard bricks free from lime mortar, stone, gravel, or other approved material broken to various sizes, but all to pass through a I5 in. ring, with sufficient clean river or pit sand to fill up all interstices. 11. Concrete in Trenches. For the foundations of all walls, piers, chimney breasts, etc., concrete of the sections shown on the plans, and composed of one part by measure of cement to eight parts by measure of the aggregate and sand, is to be laid in the trenches and carefully levelled to receive the brickwork. If ground lime is substituted for cement, it must be gauged si.x to one for hydraulic lime, and four to one for stone lime. The materials are to be well mixed in small quantities by turning over with a rake and shovel until the colour of the cement is distributed over the aggregate, and then with a due proportion of water, which is to be applied through a rose, and the concrete so prepared is to be at once deposited into the trenches and well consolidated. 12. Foundations. Excavate for and lay Portland cement or lime concrete foundations, as described, those to external and party walls to be not less than 12 in. wider than bottom of wall, those to interval walls to be not less that 9 ins. wider — none to be less than 6 ins. thick. The bottom of con- crete is to be not less than 2 ft. below the level of the finished ground outside the houses, but in clay soils the bottom of the concrete must not be less than 3 ft. 6 in. below the level of the finished ground outside the houses. The bottoms of all concrete foundations to walls must in all cases go at least 9 ins. into the virgin soil, except where the foundation is in shale, chalk, rock, or other ground of a like nature, when the bottom of the concrete can commence directly either of these materials is met with. 13. Concrete on Sloping Sites. In steeply sloping sites in clay, where the foundations owing to the natural slope of the ground would come at or near the surface, they are to be taken down at least two feet into the virgin soii. 14. Surface Concrete. Lay over the whole surface of the buildings a bed not less than 4 ins. thick of Portland cement concrete similarly composed to that described for the trenches, levelled and prepared where necessary to receive such other floors and pavings thereon as may be specified. 15. Granolithic Paving, &c. The floors in scullery, w.c, e.c, coal store, larder and back lobby are to be finished with a 1 in. thickness of cement and either limestone 158 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. or granite chippings (two of cement to five of the materia, used) brought up to a hard smooth trowelled surface and kept damp for seven days after laying. 16. Concrete Lintels. The concrete lintels are ta be composed of one part of Portland cement, four parts of the aggregate to pass 1 in. ring, and two parts of sand. The lintels are to be reinforced by a steel rod ^ in. diameter for openings up to 4ft. wide and f in. diameter for openings above 4 ft. wide for every half brick in thickness of the wall carried, or for every 6 ins. in thickness where stone walls are supported. The lintels are to be 6 in. deep for all apertures up to 4 ft. in clear width and 1 in. deeper for each additional foot or part of 1 ft. beyond 4ft. The lintels are to bear 6 ins. on the walls at each end. < 17. Concrete Eaves Course. If a projecting eaves course is desired it may be formed of similar concrete to that last described, not less than 4 ins. thick and reinforced with ^ in. diameter steel rods at right angles to the wall spaced 2 ft. apart near the upper surface and finished with roughcast or cement and sand or harled as described in Plasterer. Where these occur over window openings they are to be cast in long lengths to act as lintels with two 5 in. diameter steel rods embedded lengthwise in the same in addition to the rods above specified. The wall plate carrying rafters must be bedded on the inner edge of the concrete eaves course. OUTSIDE PATHS AND PAVINGS. 18. Paths and Pavings in Yards, &c. All pavings, gravel or ash paths are to he carefully laid to fall towards approved drainage courses. Excavate for and form the back garden paths with 3 in. of ashe^ well rolled in. Excavate for and form the front path up to entrance doorway, also the paved portion at back of houses, with tar paving 2 in. thick ot macadam, slag, granite or other similar clean material broken to pass a I'm. mesh and containing a proper proportion of fine material and hot pitch and tar well mixed together and punned into position and well rolled. Finish with ^ in. layer of similar materials to pass a 3 in. mesh well rolled and finally sprinkled with white stone or spar chips and again rolled. The ^ in. finishing coat is to be executed just before the houses are handed over ready for occupation. The tar paving is to be laid upon 3 ins. of ashes well rolled in. Provide and fix at edge of tar paving 1^ ins. x 4 ins. creosoted fir sawn edging secured with 1| ins. x 1^ ins. creosoted stakes 2 ft. long, pointed and driven into the ground at 4 ft. centres, or other suitable approved edging. The front path may be formed of cobbles, rough stone paving, or other suitable material. DRAINAGE. 19. Soil Drain-Pipes. The pipes for soil drains are to be " British Standard Tested," and to comply with the British Standard Specification No. 65 for salt-glazed ware pipes, with socket joints and all necessary bends and junctions, laid in straight runs and to even and regular falls on a bed of Portland cement concrete (1 to 8), as described for foundations 4 in. thick, and THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 159 to be benched up at each side to top of pipe with similar concrete. Pipes under building are to be surrounded with similar concrete 4 ins. thick. Pipes are to he laid not less than 18 ins. deep below the surface of gardens and 12 ins. deep below pavings. The joints of pipes are to be caulked with gaskin and jointed in Portland cement and eand in equal proportions, and the inside of pipes is to be carefully cleaned out 80 as to leave a perfectly clear and unobstructed waterway. 20. Rainwater Drains. The pipes for rainwater drains are to be " British Standard," and to comply with the British Standard Specification No. 65 for salt-glazed ware pipes, laid as above but without concrete. 21. Falls. The soil and rainwater drains are to be laid to even and regular falls of not less than 2 ins. in 10 ft. 22. Flllino. In filling in the trench after the drains are laid and tested, great care is to be exercised so as not to disturb the drains, and the finest and best of the excavated material is to be used for packing around the pipes. The whole is to be carefully and thoroughly consolidated and rammed, and any depression in the finished surface over drains made up. 23. Cleaning Eyes. Form cleaning eyes where required on drains with sloping length of 4 in. salt-glazed ware drainpipe carried up to surface of ground and finished with salt-glazed ware stopper bedded in cart grease and sand in end of pipe. Surround end of pipe with cement concrete 6 ins. thick, and cover the cleaning eye with 2 in. cast concrete slab, 15 ins. X 15 ins. 24. Gullies. Provide and set where necessary to take surface water and at feet of rninwater pipes, bath and sink wastes, 4 in. salt-glazed ware trapped reversible gullies, with rebated top and 6 in. x 6 in. heavy cast iron grating. Bed and surround the gullies with Portland cement concrete and joint to drain. Provide and fix at side of gullies taking sink waste 4 in. salt-glazed open channel 2 ft. long discharging over gully and set in cement concrete not less than 6 ins. thick. Form brick or Portland cement concrete curb around all gullies (except surface water gullies), and finish in Portland cement and sand, gauged 1 and 3, with rounded top, and render the wall of house next gully with cement and sand 9 ins. high. Finish with return and arris at top. and continue the curb around the open chaimel of gullies taking sink wastes. 25. Manholes. Build manholes in the positions required by the local authority, and of 2 ft. 3 ins. x 1 ft. lOj ins. minimum size, with 4^ in. brick sides to those 3 ft. deep and 9 in. brick sides to those exceeding 3 ft. deep, in cement mortar upon Portland cement concrete bottom 4 ins. thick, thu bottom benched up with steep falls to channels in fine Portland cement concrete, and the bottom and sides rendered watertight in cement and sand. Provide approved cast-iron coated manhole cover and frame, 18 ins. X 18 ins., 24 ins. x 18 ins., or 24 ins. x 24 ins. clear opening as roquired, bed the frame in cement, and the cover in cart grease and sand. Provide 4 in. cast Portland cement concrete surround, finished in 1 in. granolithic on top as previously described, to take cover. Pro- 160 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. vide and bed in cement in bottom of manhole Bait-glazed ware half round main channel pipes, and similar thre€-quarter round branch channel bends. Manholes over 3 ft. deep are to have cast-iron coated atep-irons built into side 18 ins. apart. 26. Intercepting Trap. Provide and build into side of manhole nearest the sewer an approved salt-glazed ware intercepting trap, with cleaning arm and stopper bedded in cart grease and sand, and bed trap on and surround with Portland cement concrete and connect to drain. Provide and fix galvanised iron lever and chain to the stopper, the chain fixed to wall of manhole just under the cover with a stout staple. £,1. Ventilating Pipe and Fresh-Aib Inlet. Provide and fix at upper end of drainage system 3^ in. diameter cast iron coated ventilating pipe, as hereafter described in Plumber. Provide and fix in a protected position near the front manhole an approved fresh-air inlet, formed by carrying up a drain connected to manhole 6 ins. above the level of ground, with a bend on the end, and bed same in Portland cement concrete, benched up and rendered smooth, and fix in the end of the bend a galvanised cast iron grating set in cement. 28. Connections to Sewers. Where new roads are in course of construction, or are about to be constructed, the connection to the sewer in road is to be made before the footpaths and roadways are completed. 29. Testing. No length of drain is to be covered in until it has been tested and passed. The whole of the soil drainage system is to be tested again at completion with water, smoke, or other test to the satisfaction of the local authority, and is to be well flushed out at completion of works. FENCING. 30. Fences and Gates. Construct the fences at front, back, sides and between houses with three rows of No. 8 gauge galvanised iron wire well strained and fixed through holes in concrete posts and secured to the end posts with ^ in. diameter galvanised iron eye bolts passing through holes in the post and with nuts and washers. The posts are to be 4 in. x 3 in. tapered rein- forced concrete posts 3 ft. high above ground with the exposed surfaces perfectly clean and smooth, let into ground 18 ins. deep and shaped at top. The reinforcement is to be kept | in. back from the finished surfaces of posts. The end and corner posts where taking full strain of the wires are to be 4 in. X 4 in. and to have reinforced concrete struts, and the feet of posts and struts are to be set in Portland cement concrete 18 ins. x 18 ins. X 18 ins. The entrance gates and the gates in the back fences are to be wrot iron or oak of approved simple design with latch and heavy catch bolted to the concrete post and hung on stout wrot iron rides with nuts and washers and passing through holes in the gateposts. The gateposts are to be 4 ins. x 4 ins. reinforced concrete posts, shaped at top, 4 ft. high above ground, let into ground 2 ft. deep. The gateposts are to have sunk holes so that the nuts of bolts do not project. The feet of gatepost* are to be set in Portland cement concrete 18 ins. x 18 ins. x 18 ina. THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. Kil Other kinds of fencing, if of equal cost and durability, can be used in place of the foregoing. 31. Dividing Walls at Back of Houses. Dividing walls at back of ho'uses 6 ft. high and 5 ft. projection are to be put where there are no outbuildings. BRICKLAYER. 32. Bricks. The whole of the building bricks used are to be good, hard, well burnt, common bricks. Where London stocks can bis obtained, approved grizzles or place bricks may be used for party walls and internal walls carrying no weight. Approved old bricks, where avail- able, may also be used. The bricks are to be picked square and true for faced work. No bricks are to be used for facing which will scale or waste away when exposed to frost or rain. All bricks below dampcourse in contact with earth or damp are to be carefully selected hard burnt bricks, not liable to be affected by the action of the ear^th or damp. 33. Lime Mortar. The lime mortar is to be composed of one part of blue lias lump lime and three parts of clean, sharp river or pit sand, or one part of stone lump lime and two parts of sand, and should the lime be ground before use the proportions are to be four and one and three and one, respec- tively. 34. Cement Mortar. The cement mortar is to be composed of one part by measure of Portland cement to four parts by measure of clean, sharp sand, and when mixed is to be used immediately. No cement mortar that has com- menced to set is to be knocked up again. 35. Mortar Mill. Where a mortar mill is iised, the proportion of sand shall not be less than one-third of the aggregate. 36. Brickwork. The whole of the walls, piers, chimneys, etc., are to be built of the lengths, heights, and thicknesses shown on the drawings, well flushed up in Portland cement or lime mortar, and the cross joints filled in solidly ; the work is to be carried up to even heights all round, and no part is to rise more than scaffold height above any adjoining work. If porous bricks are made use of above the dampcourse, the external face must be finished in cement, roughcast or harled, as described in Plasterer. No main external brick wall is to be less than 9 ins. thick. 37. Footings. No brick footings are to be provided to any walls. 38. Brick Hollow Walls. The hollow walls are to be built of two 4i in. brick walls with a 2 in. cavity and with galvanised iron ties, two at least for every superficial yard, and one to every 12 in. in height to the sides of all openings. The base of the wall is to be filled in solid with fine concrete up to 6 ins. below level of dampcourse. Great care is to be observed to keep bottom of cavity clear of ]62 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. mortar droppings, and sufficient bricks, which can be removed for clear- ing out cFi.vity at completion, must be laid dry at the bottom (-f the cavity These bricks are then to be properly reset in cement. 39. Concrete Slab Hollow Walls. The hollow walls may be built of two thicknesses of 3^ in. or 4 in. concrete slabs with a 2 in. cavity, and set in cement mortar bonded together with approved galvanised iron wall ties 3 ft. apart horizontally and every course vertically, and placed diagonally, all as described for brick hollow walls. If this method of construction be adopted, the outside leaf can be cast weathertight, or roughcast or harled, as described in Plasterer. The concrete slabs can be composed of one part of Portland oement to six parts of fine clean clinker, free from sulphur, cast in moulds, under pressure, with slightly hollowed or grooved edges, and properly seasoned before use. The slabs are to be not more than 3 ft. long and 12 'ins. high. These hollow concrete walls are to be built on ordinary concrete or on brick foundations up to, at least, the level of the dampcourse. 40. Arches. All arches are to be segmental or semicircular half-brick rings set in cement moi-tar. Brick on edge flat arches may bo used to openings not exceeding 4 ft wide with i in. camber. 41. Pointing. • All the joints of brickwork are to be well filled in, flushed up and neatly weather struck, where exposed as facings, as the work proceeds when the weather permits. The brickwork is to ba either left rough or well raked out where the finishing is to be in roughcast or harled. 42. Work in Cement. The half brick walls and the chimney stacks, where they rise above the levels of the floor covering, are to be built in cement mortar. Tlie outer casing to flues above roof are to be 4^ in. thick. 43. Party Wall Gables. The party wall gables or divisions in roofs are to be 9 in. thick, stepped, and finished on top with at least 3 in. clinker concrete c;i.refully brought up to the line of the roof slope for nailing roof coverings lo with- out the use of battens, foy protection from fire. 44. Sundries. Build in as the work proceeds, or afterwards bed in lime and hair mortar and point in cement mortar around all joiner's frames for doors and windows ; bed in mortar all beams, sleepers, and plates, lintels, tem- plates, slips, stone and metal work set in the brickwork. 45. Wire Reinforcement. . Where half brick walls are used to enclose coal stores provide and build in at 1 ft. 6 in. and 3 ft. above floor level approved galvanised wire mesh as reinforcement to .strengthen the walls to resist the coals thrown in. 45. Partitions. All division ground floor walls carrying upper floor joists are to b3 4j in' brick. Build the internal partitions where indicated on the drawings with 3 in. concrete slabs, as previously described, set in cement 'J'lIK not SIXG AND TOWN PLANNING ACTS AS AMENDKJ). JG3 mortar and well pinned in and tied to the brick walls. Where a second upper storey is to be formed, 3 in. partitions may be used on the first floor, but in cases where these partitions carry the second floor joistB they must come immediately over ^ in. brick walls on the ground floor. 47. Sleeper Walls. Where there are wooden joists to the ground floors, build 4J in. honeycomb ?leeper walls, and 4^ in. solid brick fender walls. 48. Dampcourses. Lay on all walls, piers, chimney breasts, sleeper and fender walls, etc., a dampcourse the full thicknesses of walls formed of two courses of stout slates breaking joint, set in cement mortar gauged three and one ; or an approved pure bitumen dampcourse well lapped and set upon a bed floated to receive the same may be used. Lay over the ground 'floor openings and openings in gables of hollow walls approved pure bitumen dampcourses turned up over the inner con- crete lintels and dressed down in the hollow with a slight fall each way and 3 ins. beyond the width of the opening, and taken to within 3 in. of face of external wall. Slate dampcourses are to be laid in all the chimney stacks at the point where they rise above roofs. 49. Flues and Chimney Heads. Build the necessary corbelling over for the breasts and stacks, form all chimney flues of the sizes shown, which are in no case to be straight or less than 9 ins. x 9 ins. with as easy bends and turns as possible, and properly gather and parge the flues as the work proceeds and core at completion. The chimney stacks where so shown are to have projecting courses at their heads, and each flue is to be finished with a chimney pot set and well flaunched up in cement mortar. 50. Chimney Openings. Build in kitchen range opening 2 ins. x f in. cambered and caulked iron chimney bars 18 ins. longer than the opening and turn one ring arches over- them and at all fireplace apertures, and carefully gather in the flues immediately above the openings. Concrete lintels may be built in instead of arches or bars. 51. Concrete Hearths. Where indicated on drawings prepare for a self setting range by forming a large concrete hearth 4 ins. thick finished hard and smooth with 1 in. granolithic paving, and make a smokeproof connection to the brick flue from the iron flue pipe of the range. Form similar concrete and granolithic hearths to other fireplaces on ground floor. Concrete hearths 3 in. thick finished with 1 in. granolithic paving are to be set generally upon fillets nailed to the upper floor joiste. No timbers or plugs are to be inserted within 6 in. of any flue. 52. Trimmer Arches. Where concrete hearths are not used, 4^ ins. brick trimmer arches are to be turned between the timbering on proper springing fillets and filled in solidly with cement concrete to receive the 1 in. granolithic paving. 164 THE HOUSING AND TOWN PLANNING ACTS AS AMKNDED. 53. Stoves, &c. Fix and bed solid all stoves, raiit^es, mantelpieces, etc.. provided. and make good all round after fixing : provide and build in firebricks m all flues where exposed to flames. 54. Mantel to Range. The mantel to range may be formed in cement, slate, stone or bnck with wood shelf over. 55. Rkndering. Eoughly render the faces of brickwork or walling over smoke flues passing through floors, ceilings, and in roof spaces with cement mortar. 56. Copper. Provide and fix in the positions indicated on the plans independent eight to ten gallons rustTess iron pans, with furnaces for ga* or other fuel with iron flue pipes and bends to connect with brick flues above. 57. Air Bricks. Two 9 in. X 6 in. air bricks are to be built in the extei-nal walls for each larder and e.c. and for each w.c. and one 12 in. x 9 in. air brick is to be built in for each bedroom having no fireplace. Proper cased fluea for same are to be formed through cavity walls. 58. Ventilation Under Floors. Where wood floors on joists are used on the ground floor a through current of air is to be provided through every space so covered by an adequate number of 9 in. x 3 in, air bricks built in as last. Where any part of the building has a solid floor, then through ventilation is to be provided to the spaces under joisted floors by 4 in. socketed drainpipes connected to a flue and air brick built in the external wall. 59. Sink. Provide and fix a standard pattern Belfast or London .sink with waste and trap in each scullery set in cement mortar on two 4 in. drain- pipes solidly filled up with concrete in front and resting on two brick corbels at back. 60. Steps. Set in cement all stone, brick, tile, or granolithic concrete steps ; the steps in each case are to be finished 2 in. above the levels of the floors at the front door, but level with the pavings of lobbies and eculleries and in similar positions. 61. Window Sills. Where window sills are adopted they may be of stone, brick, or con- crete, or of two courses of plain tiles, bedded in cement and set project- ing 2 in., the bottom course having a continuous nib. The tilca are to be set weathering. Stone, brick and concrete sills are to project 2 in. and to be throated on the underside. 62. Reveals and Sills. Where hollow walls are unplastered, put thick slates or other approved materials to the reveals and gills, set in cement mortar to oovo- wall cavities as necessary. 63. Larder Bench. The bench in the larder is to be natural stone, patent stone, granolithic, or slate slabs on projecting brick courses built in cement. THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 165 64. Fair Face to Brickwork. Finish the interior walls of scullery, larder, w.c, e.c. back entrance lobby, coal store, and outbuildings with a fair face and point with a neat, flat joint for lime-white or distemper. 65 General. Do all necessary roucjh cutting, beam-filling, and everything required to. complete the bricklayer's work to the satisfaction of the Architect. WALLER. 66. Walls. Where stone is procurable locally and the cost compares favourably with that of brickwork, stone walling may be substituted for brickwork. The stone walling must be at least 12 in. in thickness. Build up from the concrete in trenches the external walls of the lengths, heights, and thicknesses indicated on the drawings in uncoursed rubble set in lime mortar as described for the brickwork, inserting a sufficient number of through bonding stones and large quoin stones. Where it is intended to face the walls with stone, the whole is to be built with ramdom rubble set in lime mortar, and the joints struck as the work proceeds when the weather permits. Carefully dress the quoins to all the apertures and at the salient angles. Form arches, or finish the heads over the apertures with squared stones as indicated on the plans. Build in cement all the chimney heads up from just below the roof with coursed rubble, having dressed stones and oversailing courses as shown, and point as above described. The external faces of stone walls may be roughcast or harled as described in Plasterer. The dampcourses will be as described for those in the brick waTls, and the specification for bricklayer's work will generally apply to the waller's work. TILER. 67. Tiles. Tiles should not be used for roofs with a pitch of less than 45 deg. The tiles are to be hard, well and evenly burnt sand-faced tiles of an approved make and colour, made with nibs and laid to a 4 in. gauge, but not less than a 2 in. lap throughout. The tiles are to be laid on U in. X 1 in. sawn battens, and every fifth course is to be nailed with two 2 in. stout composition nails to each tile. The two courses next to all eaves, gables, hips and ridges are to be nailed each course. Where no fascia or soffit boards are provided, the tiles are to be nailed to 1 in. rough boarding between the eaves and wallplate. All tiling may be pointed, or torched on the underside in the manner customar}^ in the district. 68. Verges. The verges are to be formed with tile and a half tiles, with a tile undercloak, pointed in cement, exposing the ends of the tiles. 69. Eaves. Put a double course of tiles fft, all eaves, bedded in cement mortar. 70. Ridges. Cover the ridges with half-round or other approved section ridge tiles bedded do\vn solidly in hair mortar and pointed in cement mortar. 166 TIIK HOUSING AND TOWN PliANNING ACTS AS AMENDED. and gradually tilt them up towards the gable ends. Fill in open ends with plain tiles in cement. 71. Hips and Valleys. The hips and valleys are to be formed with proper liip and valley tiles coursed and bonded with the ordinary tiling and nailed at every course. The hip tiles are to be bedded in hair mortar and pointed in cement mortar. 72. Soakers. Fix the lead soakers provided by the Plumber. 73. General. Make good all damage done to the tiling, and at completion leave aM roofs sound and watertight and clean out eaves gutt-ers and down- pipes. N.B. — Bridgewater, Roman or pantiles may be used where customary, and the specification varied accordingly. SLATER. 74 Slates. Slates should not be used for roofs with a pitch of less than 30 deg. The slating is to be of outside sizes of good quality Welsh or local slates free from defects, laid with a lap of not less than 3 in. throughout, each slate being fixed by two 2 in. st^ut composition nails to 2 in. x 1 in. battens. Where no fascia or soffit boards are provided, the slates are to be nailed to 1 in. rough boarding between the eaves and wall plate. All slating may -be pointed or torched on the underside in the manner customary in the district. 75. Verges. Trim and point the verges in cement and fix an extra course of slates under verges. 76. Eaves. Put a double cour.se of slates at au eaves, bedded in cement mortar. / 77. Ridges .\nd Hips. Cnvor the ridges and hips with half-round or other approved section blue tiles bedded down solidlv in hair mortar and pointed in cement mortar. Fill in open ends with plain tiles in cement. 78. Soakers. Fix the lead soakers provided by the Pluipber. 79. General, Make good all damage done to the slating, and at completion leave all roofs sound and watertight and clean out eaves gutters and downpipee. CARPENTER AND JOINER. 80. TinCKNESSES. The thicknesse.s of all joinery specified are before planing, and 1/16 in. will be allowed for each wrought face from all specified thicknesses. 81 . Storing Joinery. All joinery immediately after delivery at the sit^ is to be stored and protected from the weather. The floor boards are to bo stacked THE HOUSING AND TOWN PLANNrN( .HID. 1 07 on the site face downwards within a month of commencement of the work, and to be protected from the weather at least one month before use. 82. PAiNTrNG Joinery Previous to Fixing. All joinery specified to be painted is to be knotted and primed before leaving the joiner's shop. The bottom edges of all doors are to he printed and painted one coat just previous to hanging. The backs of all window frames and back linings and the backs of external door frame« are to be coated with one coat of creosote or other approved material. (See also Painter.) 83. M.4TERIALS FOR CARCASSING. The timber used is to be sound redwood or whitewood of suitable building quality, and not. inferior to good fourth Swedish classification; or equal quality in Finnish or Russian production, spruce, red pine, pitch pine, Oregon pine or British Columbia pine. All to be reasonably seasoned. Wrack and dead wood will not be permitted. 84. Home-Grown Timber for Carcassing. Oak, chestnut, larch, spruce, or Scotch fir may be used for carcassing, if of an approved quality and growth and felled during the winter months. All to be reasonably seasoned. Wrack and dead wood will not be permitted. The scantlings are to be similar to those specified for imported timber, except in the case of oak and chestnut, when the scantlings can be reduced 1 in. in depth. Oak or chestnut beams may be used to support the first-floor joists, which may then be of the scantlings suited to the reduced span. 85. Materials for Joinery. The timber used is to be sound redwood or whitewood of suitable joinery quality, and not inferior to good third Swedish or White Sea classification, or equal quality in Finnish or Russian production, red pine, pitch oine, Oregon pine or British Columbia pine. All may be used for both external and internj^l work, with the exception of white- wood and yellaw pine, which may only be used for internal work. All the wood must be seasoned and dry. Wraok and dead wood will not be permitted. 86. Timber Generally. All timber is to be cut square, free from excess of wane or discoloured sap wood. N.B. — These descriptions of materials for carcassing and joinery will only apply during the period of scarcity of timber. As the supplies improve fresh descriptions will be issued. ^ 87. Sills. The oak or chestnut used for sills is to be free from sapwood, dead knots, or other defects, and to be well seasoned and dry. 88.- Framed Work. All doors and other framed work are to be put together immediately upon the general v ork being commenced, but not to be glned and 168 THE HOUSING AND TOWN I'l.ANNINO ACTS AS AMKNDIiU. wedeed up until the joinery is prepared in readiness for immediate fixiuR. All framing is to be put together with well-fittmg mort,.^ vnd t^non joints wedged up solid. 89. Ground Joists and Slewibs. Where there are not solid lower floors there are to be groond jo^t* on 4 in. x U in. fir sleepers about 6 ft, apart, \vhich arc to be bedded down upon the honeycomb 4^ in. brick sleeper and fender walls and kept 1 in. clear of all external walls; those sleepers are to be coated with one coat of creosote all round before bedding. 90. Floor Joists. Construct the wood floor with joists of the following scantlingB or with joists of equal area and suitable depths :— Depth in inches when the breadth of joists is : — 2 in. 2\ in 3 in. Length of the bearing not exceeding 5 feet 4 in. — — 6 ,, 4i in. 4 in. — 8 ,, 5\ in. 5 in. 4^ in. 9 ,, 6 in. 54 in. 5 in. 10 ,, Si, in. 6 in. 6 in. U ,, 7 in. Tin. 6 in. 12 ., Bin. Tin. Tin. The upper floor joists are to bear direct on the brick walla without wall plates. The ends of the joists are to be bedded up level and care- fully brick-filled between the ends. All floor joists arc to be fixed at spp.cini,'a not exceedinu' 14 in. apart and each joist is to have a full wall bearins:^ at each end. The trimmers and the trimming joists are to be ^ in. thicker than the other joists. All the floor timbering is to be properly trimmed and tusk tenoned. Filleting is to be put around the hearth trimmings for receiving brick or concrete hearths. 91. Cross Strutting. Put one row of 1^ in. x 1^ in. sawn herring bone strutting to all bedroom floors where the bearing of the joists exceeds 8 ft. Solid strut ting will be permitted. 92. Flooring. Lay the wood floors with 1 in. straight joint or ploughed and tonpued (according to local custom) floor boards of varying widths thoroughly seasoned, well jointed and securely fixed to each joist with two 2i in. brads well punched down. All the flooring is to be well cleaned ofT and protected. Put properly mitred margins around all the hearths. 93. Suspended Concrete Floors and Floor Finishings. Suspended concrete floors may be used to the upper floors, formed of hollow blocks with reinforced concrete between or with reinforced beams and reinforced cast concrete slabs of the necessary strength to suit the bearings, or other approved form of construction". Details must be given of the form of construction intended. The finishing to the ground floors of parlours and living rooms and to the first floors where suspended concrete floors are utilised mav be formed with approved composition flooring or screeded with 1 in. thick- THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 169 ness of Portland Cement and sand (gauged 1 and 3), finished perfectly smooth and hard with a steel trowel. These finishings are not to be executed until just before the houses are completed. The composition flooring is to polished with wax or other approved preparation. 94. Ceiling Joists. The ceiling joists are to be 2 in. in thickness, spaced not exceeding 14 in. apart, not less than 4 in. or more than 5 in. deep, trimmed properly around trap doors and stacks, with stiffeners 5 in. x 1 in. and hangers 3 in. X Ig in. wherever required fixed to purlins and rafters. 95. Roofs. Construct the whole of the roofs with timbers of the following scantlings or of equal area and suitable depths : — Rafters spaced not exceeding 14 in. apart. Length of bearings not exceeding — • Dimensions. 5 ft. 3 in. X 2 in. 6 ft. 3J in. X 2 in. 7 ft. 4 in. X 2 in. 8 ft. 44 in. X 2 in. or 4 in. x 2^ in. 9 ft. 5 in. X 2 in. or 4iin. x 2iin. Hips and valleys are to be 9 in. x 2 in. or 11 in. x IJ in. and ridges 7 in. x li in. Put 1 in. boarding to valleys in slated roofs. The roofs are to be stiffened with the necessary collars and struts to carry 5 in. x 3 in. purlins at intervals of about 6 ft. The rafters are to be not<"hed and spiked to the wall plates, purlins, and ridges. The ceiling joists are to be spiked to the rafters and ceiling beams. 96. Fascias. A wrought fascia board 5 in. x 1 in. may be used spiked to the feet of the rafters to serve as a tilt for the tiling or slating with 2 in. soffit boarding on suitable hearers ; or the brackets to eaves gutters may be screwed to the sides of the projecting rafters. Where no soffit boarding is intended, the battens on backs of pro- jecting rafters are fo be omitted and 1 in. boarding is to bo fixed instead. The feet of rafters and soffit of roof boarding where projecting are to be treated with one coat of approved wood preserving stain a.s described in Painter. 97. Projecting Eaves. Eaves should not project more than 12 in. beyond the face of the wall. 98. Wood Fixing Slips, &c. Deal fixing slips are to be built in dry in the joints of brickwork or walling, or otherwise ooke breeze bricks are to be built in for fixing joinery. 99. SkirttxCtS. Put 3i in. X f in. chamfered skirtings plugged to walls over all wood or composition flooring. 1^ in. x li in. quadrant skirting fillet may be used in place of the above skirting. 100. Chaih R.\ils. Put to living rooms a 3^ in. x | in. twice chamfered chair rail plugged to wall at a height of 2 ft. 6in. from floor to bottom of rail. 170 THE HOUSING AND TOWX PLANNING ACTS AS AMENDED. 101. Picture Rails. Put around the living rooms, parlours, and bedrooms a picture rail 1 in. X 11 in. plugged to walls. As an alternative picture rail, a light ste<>l tube with sleeve brackets, finished black, pinned into walls and carried across window as curtain rod may be used. 102. rr.o,\K Rails. Cloak rails 6 ft. long 1 in. x 4 in. plugged to walls are to be fixed where indicated, and six hat and coat hooks are to be screwed thereon. 103. Am Grids. Provide and fix in the larder fly-proof perforated zinc cover over the air brick fixed to small wood beading. Where air bricks are provided to bodrooms, they are to be fitted with wooden hoppers. "^ 104. Windows. All windows should be fixed close to the external wall face. 105. Double Huno Sashes and Frames. The sash frames for double-hung sashes are to have 7 in. x 3 in. weathered and checked oak or chestnut sills, throated on underside, 4^ in. X 1 in. deal pulley .stiles and heads, 4.\ in. x 1 in. outer linings, extended where there are arches over, 3 in. x J in. inner linintrs, 1 in. x 3 in. inside beads, 5 in. x ^ if>. back linings, IJ in. x i in. parting slips, 1 in. x i in. parting beads, and 2}. in. x 1 in. draught lioards. The sashes are to have 1| in. x 3^ in. bottom rails, 1§ in. x 2 in. top rails and stiles, 2^ in. X 11 in. meeting rails, and IJ in. x li in. square, chamfered, or moulded bars. The sashes are to be hung on stout cords with iron weights, and to have 15 in. brass-faced axle pulleys. 106. Casements. The casement frames are to have 6 in. x 3 in. weathered and checked oak or chestnut sills, throated on underside, and 4 in. x 2 in. deal frames and mullions, with | in. rounded stops planted on and mitred, with case- ments fixed or hung therein, having 2 in. x If in. top rails and stiles, 3 in x If in. bottom rails, and 1| in. x I4 in. square, chamfered, or moulded bars. 107. Yorkshire W^indows. Yorkshire windows are to have 6 in. x 3 in. weathered and checked oak or chestnut sills, throated on imderside, 4 in. x 2 in. deal frame with i in. parting bead, f in. sash beads, and f in. x ^ in. hardwood roimded nmner let into sill, with sashes similar to last, some of the sashes being fitted to slide li'it each sliding sash with 3 in. japanned iron cabin hook on plate and two eyes. . 108. Skylights Where no windows are provided to staircases, supply and fix a stan- dard pattern cast iron ventilating glazed skylight fixed on the battening before the roof covering is put on. Trim and form opening in rafter* and in ceiling joists and form well-hole with 3 in. x 2 in. timbers from ceiling joists up to soffit of rafters and line with lath and plaster or fibrous slabs as described in Plasterer. 109. Steel W^indows. Where these are made use of they are to be as specified in Founder and Smith, set solidly and pointed up in cement as the work proceeds. the housing and town planning acts as amended. 171 110. Cover Fillets. Put 1 in. X 1 in. quadrant rounded or moulded cover fillets internally and externally around windows after the plastering is completed and before finishing coat of roughcast or harling is applied. 111. Window Boards. The windows are to have 1 in. deal rounded window boards tongued to oak sill, or the sills can be finished with red quarry tiles set and pointed in cement mortar. 112. Doors Generally. The doors are to be of a uniform height, and all doors giving access to rooms and cupboards are to be 2 ft. 8 in. wide, the doors to w.c.'s, e.c. 's, larders, coal stores, and outbuildings are to be 2 ft. wide. 113. Front Doors. The front doors are to be If in. thick, with 4A in. top rails and stiles, 9 in. lock and bottom rails, 1^ in. lower panels, bead and butt flush on the outside, If in. x 1^ in. squared, chamfered or moulded glazing bars in the upper panel, and J^ in. ovolo moulded glazing beads. Screw on If in. x 3 in. shaped weather fillet let into the bottom rail of door, the full width of door, the frame to be notched for same, and the ends of the weather fillet slightly splayed. These doors are to be hung with three 4 in. butts to 4i in. x 3 in. rebated and moulded frames, the heads having 4 in. horns for building into the walls. 114. Back Doors. • The back doors are to be IJ in. framed and ledged doors, having 4 in X If in. or 4-J in. x If in. stiles, 9 in. x 1 in. or 8 in. x 1 in. middle and bottom rails, and 1 in. tongued grooved and V-jointed boarding, in widths not exceeding 5 in., each hung with three 4 in. butt hinges to 4^ in. x 3 in. rebated and moulded frames, the heads having 4 in. horns for building into the walls. 115. Internal Doors. The internal doors are to be I5 in. four-panel square doors, with 9 in. X I5 in. or Bin. x li in. lock and bottom rails, 4^ in. x 1^ in. or 4 in. X 14 in. top rails muntins and stiles, and | in. panels, hung with pair of Sin. butts to 6 in. x Ij in. lining, with 3 in. x gin. stops for 4f in. walls, or 4 in. x I9 in. frames with 2 in. x ^ in. stops for 3 in. slab con- crete partitions. The frames are to be grooved ^ in. deep at back to receive edge of concrete partitions, and they are to be carried up and securely fixed to the ceiling joists at top and to the floors at feet. 116. Ledged and Braced Doors. The coal store and w.c. or e.c. are to have 1 in. ledged and braced doors, with 7 in. x 1^ in. ledges, 4^ in. x 1h in. braces, 1 in. tongued grooved and V-jointed boarding, and himg with 14 in. Tee hinges .to 4 in. X 2 in. frames with f in. rounded stops planted on. 117. Iron Dowels. Put I in. wrought iron dowels 4 in. long between feet of frames of external doors and thresholds under same. The dowels are to be gal- vanised after being cut to lengths. 118. Fanlights. Provide and fix over internal doors wherever required 1^ in. moulded fixed fanlight and glaze same with 15 oz. sheet glass, the linings and frames of doors being carried up to receive same. 172 the housing and town pi^anning acts as amended. 119. Architraves. Provide and fix around doorways f in. x 2h in moulded, rounded or chamfered fillet as architraves. 120. Dressers. In districts where dressers are usually provided in living rooms, they are to be constructed with 1^ in. table top 18 in. wide, and the part below same enclosed and fitted with 1^ in. square doors hung with pair of 2 in. butts and fitted with iron butterfly turnbuckle and staple, 1 in. pot board and bearers, and 1 in. shelf in enclosed portion, with drawers 7 in. high having 1 in. beaded front and § in. rims dovetailed together, and g in. bottom on proper runners, the part above table top to have two li in. diminished standards, three 1 in. grooved shelves with fillet back plugged to wall as bearer the full length of shelves, and 1 in. top with 1 in. X 1^ in. cornice. Provide and fix to each drawer two plain blacked iron handles, and to shelves two dozen brass cup and jug hooks. \\Tiere it is usual for tenants to provide their own dressers, a suitable place or recess is to be formed to receive them. 121. Staircase. Construct the .staircase with Ih in. treads, with rounded nosing, and 1 in. risers, tongued in both edges and glued, blocked, and bracketted on stout fir carriages, 1^ in. square wall strings and Ij in. outer strings framed t-o 3 in. newels with shaped or turned top. The staircases enclosed between walls are to have 2 in. x Ij in. hollowed wall handrail screwed to plugs in wall, and staircases open on one side are to have 3 in. x 2 in American whitewood oval handrail fixed to 1 in. deal square balusters spaced two per step. Where stairs are open on one side, enclose the space under same with f in. matched and V-jointed boarding nailed to fir bearers to form cupboard and form a ledged door hung with pair of 8 in. wrot iron strap hinges to 3 in. x 2 in. deal frame and fitted with straight cupboard lock. 122. Cupboards. The cupboards are to be formed in 3 in. concrete slabs, with the partitions carried up to the ceiling, with 1^ in doors and frames as pre- viously described for internal doors, except that the doors are to be fitted with li in. iron button on plate and 1^ in. iron knob. Provide and fix 5 ft, above floor one f ,in. shelf on chamfered bearers and fin. x Sin. chamfered hat rail unaer shelf with japanned malleable iron wardrol)e hooks spaced 9 in. apart. 123. Listen Cttpboard. The linen cupboard is to be formed as last described and fitted with three tiers of slat shelving of f in. x 2 in. slats spaced 1^ in. apart on chamfered bearers. 124. Shelving. Provide and fix above the slate or stone shelving in larder three tiers of 1 in. deal shelving, one 11 in. and two 9 in. wide, on chamfered bearers. Provide and fix 50 ft. run of 1 in. x 9 in. shelving in suitable positions upon deal gallows brackets, or stamped steel brackets, and 30 ft. of pin rails. 125. Coal Boards. Provide for coal store four 1 in. x 9 in. coal boards 3 ft. high to slide in rebated runners nailed to door frame. the housing and town planning acts as amended. 1v3 126. Draining Board. Provide and fix at side or sink 1 in. beech or sycamore, ledged and grooved, draining board, with | in. x 3 in. skirting next walls, fixed on deal bearers and gallows brackets where required. 127. Trap Door. Provide in ceiling over staircase a 1 in. deal ledged trap door 2 ft. X 2 ft. for access to roof, with 1 in. beaded lining around. The lining is to be 4 in deeper on two opposite sides, so as to keep the trap door i in up for ventilation ; the trap door to be secured with two bolts. 128. Clothes Posts. Provide two 4 in. x 3 in. wrot clothes posts 10 ft. long each with two turned hardwood or iron pins at top. Set the feet of posts into the ground 2 ft. 6 in. deep, and nail on 1 in. rough bases 9 in. high mitred around between earth and air, and once creosote same before fixing. 129. General. Provide and fix all blocks, plugs, etc., required, and do everything necessary to complete the carpenters' and joinery work to the satisfaction of the Architect. IRONMONGERY. 130. General. The ironmongery generally is to be of the approved standard patterns. All brass fittings are to be fixed with brass screws. All butts iare to be best quality pressed steel butts. The keys of all locks and night latches to external doors are to differ for each cottage. PLASTERER. 131. Lime. The lime for plastering is to be well burnt stone or chalk linie, and it is to be run into putty at least one month before use. 132. Sand. The sand for plastering is to be clean, sharp river or pit sand, free from earth, loam or saline materials, and well screened. 133. Hair. The coarse stuff throughout is to have 9 lbs. of good long hair, free from grease or other impurities, well beaten up and mixed with every cube yard of the coarse stuff. If mill-ground coarse stuff is made use of, the hair is to be added after grinding. 134. Laths. The laths are to be rent of single lath or sawn lath and half strength ; each lath is to be properly secured with 1 in. wire nails to each ceiling joist, butt jointed, and to break joint every three feet. 135. Cement. The Portland cement is to be as previously described. 136. Proportions of Materials. For the coarse stuff one part of lime is to be well mixed with three parts of sand by measure, and in this is to be in(jorporated 9 lbs. of 174 THE HOUSING AND TOWN PFiANNINfi ACTS AS AMENDED. I hair with every cube yard. For the setting coat not less than one part of lime putty is to be well mixed with one part of clean sand. 137. Ceilings and Soffits. Lath and plaster with two coats the whole of the ceiling, sloping ceilings, and the soffits of the staircases wherever they are exposed. Fibrous plaster seasoned slabs | in. thick cast with a rough surface for plastering, fixed with 1-i in. composition nails 4 in. centres, and finished with a setting coat may be used in place of last. 138. Float and Set. Float and set the whole of the interior walls and partitions, excepting in scullery, larder, coal store, w.c, e.c, back entrance lobby, and outbuildings. If fair face cannot be produced with the bricks available, the walls of scullery and larder are to be plastered in Portland cement and sand gauged 1 to 3 to a height of 4 ft. 6 in. above floor as dado finished with splayed top edge. In all cases the plastering on walls and partitions is to be continued down to the floor levels. 139 Salient Angles. The external angles throughout the plastered walls are to bo slightly rounded and the first coat of plastering thereon is to be gauged with cement. 140. Cement Skirting to Sink. Put Portland cement skirting to sink where it abuts against walls up to the window sill, or otherwise 9 in. high trowelled to a smooth and impervious face ; or glazed tile skirting may be used. 141. Covering Cavities. Where hollow walls are plast«red put rough pieces of slate or tile to the reveals and sills set in cement to cover wall cavities as necessary. 142. Roughcast, &c. Where indicated on drawings, float in cement and sand one to three not less than i in. thick, well score the* same and finish with a cement face roughcast or harled. 143 General. Make good after all other trades and leave the plasterer's work per- fect on completion. >^ FOUNDER AND SMITH. 144. Eaves Gutters The eaves gutters are to be cast iron beaded, half-round standard pattern, the joints made in red lead and bolted, fixed on standard galva- nised wrought iron or galvanised stamped steel brackets, two to each 6 ft. length of gutter, with spiked ends for driving into the concrete eaves course, or screwed to the feet of the rafters, sprocket pieces or fascias. Provide all requisite cast angles, stopped ends and outlets with nozzles. 145. Fall Pipes. All the fall pipes are to be cast iron standard pattern piping with projecting ears to keep pipes 1 in. clear of the walls, fittied with all necessary swan-necks, shoes, and heads and fixed with 3 in. roseheaded nails. 146. Steel Casements. Where steel windows are intended to be used, they must be of approved standard pattern with lugs bolted on for building into walls. . THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 175 147. Stoves .\nd Ranges. The stoves are to be generally of the mantel register type selected from standard patterns. The ranges are to be of standard patterns. 148. Dustbin. Provide and place in position a standard galvanised iron sanitary dustbin 18 in. diameter and 24 in. high, complete with cover. PLUMBER. 149. Materials ksv Workmanship. All the lead used is to be the best milled lead and of the full weight specified. The running joints in lead pipes and the joints to fittings are to be wiped soldered joints. 150. Chimney Aprons. The aprons of the lower sides of the chimney stacks are to be 4 lb. lead let | in into the joints of the brickwork or walling, to be brought not less than 3 in. down the chimney side, and to lie 6 in. on the tiles or slates, secured with lead wedges and pointed in cement, well worked round the returns of the Btacks, and there covered with the other flashings. 151 Gutters. Lay the gutters behind the chimney stacks (where required) with 5 lb. lead turned up 4 in. against brickwork and 8 in, under slates or tiles, and not less than 6 in, wide on sole at narrowest part. 152. Soakers. In all cases where the raking line of tiling or slating meets brick- work or walliifg, 3 lb. lead soakers are to be fixed one to each slate or tile, turned up 3 in. against the walls and lying 5 in. on the slating or tiling, and to be 3 in. in addition to the full gauge of the tiles or slates. ' 153. Flashings and Valleys. The lead soakers are to be covered with 4 lb. lead stepped flashings Sin. wide, turned Jin. into the joints of the brickwork ' or walling secured with lead wedges, and pointed in cement. The straight flashings are to be similar, but 6' in. wide. Lay the valleys in slated roofs with 4 lbs. lead 15 in. girth. 154. Water Service. Lay on water service to house in accordance with the local regula- tions' with either lead pipe or galvanised wrought iron steam tubing as required, and connect with the public water main. Provide a screw-down stop-cock fixed inside each house, easy of access where the main supply enters the house, and one on the down service just under the cistern. 155. Cistern. Carry a i in. rising main up to a 40-gallon standard galvanised iron cistern' fixed on sufl[icient bearers, and take 5 in. branch pipes from the rising main direct to the sink, bath, copper, lavatory basin, and water waste preventer. 156. Ball-Cock. Provide and fix ball-cock over cistern. 176 the housing and town planning acts as amended. 157. Warning Pipb. Provide and fix an iron or lead warning pipe connected to cistern, of sufficient size, discharging in an exposed position outside with copper hinged flap on end. JL58. Wastes. From the sink and lavatory basin take 1^ in. and from the bath take 1^ in. iron waste pipes to the open, connected to the traps of the fittings and discharging over gullies or hopper haads. 159. Rainwater Butts. Wherever rainwater butts are shown on the plans they are to be 40 gallon petroleum casks, well burnt out, and twice tarred externally, fitted with a 1 in. deal ledged cover twice tarred, perforated for the inlets. A li in. iron overflow is to be fixed to the cask connected by an elbow with screwed and jointed washers to the barrel to discharge over an adjacent gully or otherwise carried to a point at least ten feet away from the building where a soakaway is to be made one yard cube in aJl. 160. Soil Pipes. All the soil and ventilating pipes are to be 3^ in. cast-iron standard pattern dipped in Dr. Angus Smith's solution, with projecting ears fixed with 3 in. rose-headed nails, the joints caulked and run with blue lead or caulked with lead wool. The branch soil pipes and junctions are to be of standard pattern. The ventilating pipes are to be carried up 2 ft. above the roof or the top of the nearest dormer window, through the eaves of roof where these occur, flashed with a 5 lb. lead tile or slato soldered to the iron pipes tinned for the purpose, and terminated with a copper-wire balloon grating. The trap of w.c. is to be connected to the socket of the branch pipe and caulked with gaskin and jointed in red lead. The feet of soil and ventilating pipes are to be connected direct to the salt-glazed ware bend end caulked with gaskin and jointed in Portland cement and sand gauged 1 to 3. 161. Bath and Lavatory Wastes. The external wastes to the bath and lavatory basin on the first floor are to be 2 in. cast-iron standard pattern,- all as described for soil and ventilating pipes, but jointed in red lead and tow, with hopper heads to receive the discharge pipes at the top and shoe at bottom to discharge over gully. 162. W.C. OR E.G. The w.c. is to be a stoneware pedestal closet with water-waste pre- ventor with li in. galvanised steel flush-pipe and li in. plain hardwood seat, unpolished, in one thickness all to approved pattern. The flush- pipe is to be jointed watertight to the flushing arm of the w.c. Put ^ in. wrought-iron overflow to the water waste preventor carried through the external wall with a projection of 6 ins. The e.c. is to have a strong galvanised iron sanitary pail with handles, and is to be fitted with li in. seat with properly dished hole on 5 in. X li in. bearers. 163. Washing Copper. Washing copper, see Bricklayer. Provide and fix over copper ^ in. bib cock. 164. Sink. Sink, see Bricklayer. Provide and fix over sink two ^ in. bib cocks marked " Hot " and " Cold " respectively. AN PI.ANNINO ACTS AS AMENDED. 177 165. TiAVATOUY Basin. TJie lavatory basin is to be j^lazcd stoneware with overflow, brass waste, phic;, and chain, and hot and cold taps, and iron trap, and is to be fixed on brackets or ]■ <'ro-=,, the ^v'hole to standard pattern. 166. Bath. The bath is„to be cast-iron greenstone vitreous enamelled set on feet, with brass waste, plug, and chain, hot and cold taps, and iron trap, all to standard pattern. 167. Cocks. The bib*,- stop and ball cocks are all 'to be brass of approved pattern. 168. Testtko. Test the whole of the internal plumber's work, water supply and fittings, and leave in perfect working order at completion. HOT WATER FITTER. 169 Pipes. The pipes are to be wrot iron welded steam tubing as previously specified for water supply, except in district? v.here lead or copper pipes are necessary, when they are to be as hereafter specified. 170. System. • The hot water supply may be provided by means of either the tank or the cylinder system, or where the bath is on the ground floor and not far from the boiler, an approved " Gravitation" system. N.B. — In each case the system proposed to be adopted must be specified and comply with the following requirements : — From the cold water cistern take a f in. galvanised steam barrel su))ply to the hot water apparatus, with a .screw-down stop-cock in same ji.st under cistern. The tanks or cylinders are to be 14 gauge tested galvanised wrot iron of 30 gallon capacity, with bolted manhole in same and with flanged connections for pipes. The flow and return pipes are to be not less than 1 in. diameter, and in districts where the water is hard the flow and return pipes are to be not less than 2 in. diameter for 6 ft. above boiler. From the flow pipe n«ar the boiler take a branch to a convenient position and fix thereon a dead-weight safety valve. Take ^ in. branch to the bath and ^ in. branches to sink and lavatory basin. Provide -| in. expansion' pipe delivering over "the cold water cistern. Form draw-off at lowest point in^ystem with A in. tubing properly connected to same, and provide and fix bib cock to empty system. 171. Leat) or Copper Pipes, and Copper Eotler and Cylinder. In districts where iron pipes, boilers, and cylinders are not service- able, the pipes are to be in lead or copper, and the boot boilers at back of the range and tbo cylinders are to bo of copper. The lead pipes are to weigh as follows : — }. in. diameter, 6 lb. per yard ; § in. diameter, 9 lb. per yard ; 1 in diameter. 12 lb. per yard ; 11. in. diameter, 18 lb. per yard. The copper pipes are to be of No. 10 gauge. The copper boot boilers to be 3/16 in. plate to hold 3 gallons, with bosses brazed on and tapped for M 178 THE IIOISING AND TOWN PLANNING ACTS AS AMKNDKH. connections to pipes. The cylinders are to hav.j No. 22 gauge coppw body and top, and No. 18 gauRc bottom with bosses brazed on and tapped for connections to pipes. 172. Testing. Test the whole of the hot water service and leave in perfect working order at completion. GAS OR ELECTRIC LIGHT SUPPLY. 173. General. Arrange with tin? local gas or electric light supply undcr^kers for the gas lighting and cooking or electric light installation complete. GtAZIER 174. Generai.. The windows are to be glazed v.ith seconds 15 oz. sheet glass except where the squares exceed 1 ft. 6 in. superficial area, in which case 21 oz. sheet glass is to be used, well-beddod, sprigged, and puttied. Front door and w.c. and ground floor bath it)om windows arc to be glazed V ith approved obscured glass. All glazing rebates are to be primed. All putties are to be painted two coats. PAINTER. 175. Paint. The paint is to be obtained from an a[iproved manufacturer, sup- plied ready mixed for use, of approved plain tints. The paint is to be used as sent by the manufacturer and each coat is to be of a distinctive colour. The paintwork is to be well rubbed down before the last coat is applied. 176. Ironwork.. The ironwork is to be cleaned entirely free from rust and to be painted one coat of oxide of iron paint just previous (o fixini^ and two coats of oil colour after fixing. Eaves gutters are to be painted inside and out. Coated soil, vent, and waste pipes are to be once knotted and painted two coats. All iron pipes inside houses not galva_nised arc to be painted one coat of oxide of iron paint before fixing and one coat of oil colour after fixing, and where exposed distempered or whitened with the walls and ceilings. 177. Blacking. Clean and once black all stoves, range, copper, and flue pipe from same, where not galvanised, and clean and polish the bright portions of range. 178. Internal Woodwork. The whole of the internal woodwork usually painted is to be finished in one of the following methods : — (a) Treatfid with one coat of approved wood preserving stain to approved tints. * (h) Tho inside of windows and window board is to be painted three coats of oil "colour, as described for external work, and the remaining work treated with one coat of approved wood preserving stain to approved tints. THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 179 179. External Woodwork. Tho whole of the external woodwork is to be- carefully knotted with patent knotting and primed before leaving the joiner's shop, and after fixing stopped with hard stopping and painted three coats of oil colour, including the putties of glazing, except where otherwise described. The feet of rafters and soffit of roof boarding where projecting are to be treated with one coat of wood preserving stain. 180. Backs of Window^ and Door Frames. The backs of all window frames and back linings and the backs of external door frames are to be coated with one coat of creosote or other approved material. 181. Glazing Rebates. ^ All glazing rebates are to be primed. 182. Whitening and Distemper. Clear-cole and once whiten all ceilings ; also all friezes above picture rails. All wall surfaces, except in coal store, are to be clear-coled aitd once distempered with washable distemper of approved tints. The coal store is to be twice lime whited. Any cracks, blisters, or other imperfections in the plaster work are to be cut out, carefully stopped, and mad^e good before any distemper- ing is put in hand. 183. General. Clean down the external faces of buildings, wash off stains, clear ,off marks of mortar and cement, clean windows inside and outside, scrub pavings and floors, clear away rubbish and waste materials, and leave all parts of the premises clean and perfect at the completion of the work. NOTE. — Attention may be called here to General Housing Memoran- dum No. 2 (D85), under which instructions are given for the ranking for financial assistance of the salaries and wages of a local authorities' staff engaged whole time or part time on an Assisted Housing Scheme. The Ministry of Health are also to issue a memorandum with regard to fees payable to architects and surveyors in private practice. ISO Mil ■■>'■> -I'j; \ND TOWN PLAN-NlXf! A('TS \S \M lA DKI), CONTRACTS. MODEL FORMS OF TENDER AND AGREEMENT, WITH CONDITIONS OF CONTRACT AND SCHEDULE PRICES, INTENDED TO liE GENERALLY ADOPTED IN CONNECTION ' WITH STATE-AIDED HOUSING SCHEMES. FORM OF TENDER. The party tendering is to fill up .ind sign the followiiiL; on the line n-.arked (*) adding thereto his address : — To : I (or We), the undersigned, do hereby Tun.ler ami iirnlprtako to perform, provide, execute, and do all tho works, materials, niatlors and things, and within the time or times described or mentioned in the Form of Contract and the Schedules thereto, and the Drawings therein referred to (all of which have been produced to and carefully examined by Me (or Us)) in a thoroughly good and workmanlike manner and in strict accordance with, and under and subject to the t Price per Block of House.-". £ a. d. >tal. Total ■ 'ieiiderers will strike out any blocks not tendered for. The numbering of the Bills should be such that easy identification is possible THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. I8i NOTE. — Should the Contractor have tendered for a portion only of the total works, as set forth in the Bills of Quanities, these Articles muat be amended accordingly. A special clause in the Conditions of Contract adapted to local conditions will also be required to regulate the relations of the several Contractors when more than one are employed on the same site. FORM OF CONTRACT. ARTICLES OF AGREEMENT made the day of 19 Bet \vEE>f (hereinafter called " the Employer ") of the one part and (hereinafter called " the Contractor ") of the other part. WHEREAS the Employer in pursuance of its statutory powers in that behalf is desirous of having erected , at and has caused Drawings and a Specification describing the work to be done to be prepared by its Architect; and Bills of Quantities to be prepared by And Whereas the said Drawings Nos. 1 to inclusive and the Specification, the Bills of Quantities and the Schedule of Prices attached to these presents and marked Schedules 2, 3, and 4, respectively, have been signed by or on behalf of the parties hereto. And Whereas the Contractor has agreed to execute upon and subject to the Conditions and within the time or times set forth in the Schedule marked 1 hereto (hereinafter referred to as " the said Conditions ") the works shown upon the said Drawings and described in the said Specifi- cation and Bills of Quantities for the sum of £ Now it is hereby agreed as follows : — 1. — In consideration of the sum of to be paid at the times and in the manner set forth in the said Conditions, the Contractor will within the time or times referred to in, and upon and subject, to the said Conditions execute and complete the works shown upon the said Drawings and described in the said Specification and Bills of Quantities. 2. — The Employer will pay the Contractor the said sum of or such a sum as shall become payable hereunder at the times and in the manner specified in the said Conditions. 3. — No person subsequently appointed to be Architect under this Contract shall be entitled to disregard or overrule any decision, approval, or direction given or expressed by the Architect for the time being. 4. — The said Conditions shall be rc-id and construed as forming part of this agreement and the parties hereto will respectively abide by and submit themselves to the conditions and stipulations and perform the agreements or their p^rts respectively in the said conditions contained. AS WITNESS, etc. 1 'vl .srilb^DL'LE I. CONDITIONS OF CONTRACT. 1. InterpTetatinn.— In the following Conditions the expression " Employer " shall mean the ; " The ("i.-rk " shall mean Hk- Cltsrk for the time being of the i " The Architect " syiall mean Mr. or other the ixisoii or persons appointed by the employer to superintend the erection and completion of the Works; "The Quantity Surveyor" shall mean Mr. or other the person or persons aj)^)ointed by the Employer to prepare or amend or assent to any modifiaitions in the Bills of Quantities; " The Contractor " shall mean ; " The Works "* shall mean the several worka, matters, and thini^s, comprised or referred to in these Conditions, the Drawings, Specification, Bills of Quantities and Schedule of Prices, and intended to be executed and performed by the Contractor. The singular number .shall iiuludo the plural, and the masculine gender shall include the feminine. 2. Extcution of Wor/cs. — The Contractor shall properly execute and shall provide everything necessary for tho proper execution of the works to the reasonable satisfaction of the Architect, in accordance with the signed Drawinas and Specifications and Bills of Quantities, and in accordance with such further drawings, details, instructions, directions, and explanations as may from time to tirho be furnished or given to tl ■ Contractor bv the Architect. If the Contractor finds any di.screpanr\ in the Drawings or between the" Drawings and Specification, he shal immediately refer the matter to the Archit-cct, who shall finally decide which shall 1)© followed. Figured dimensions are to be followed in preference to the scale. If the work shown on any such further drawings or details, or necessary to comply with any such instructions, directions, or explanations, be, in the opinion of the Contractor, extra to or in excess of that comprised in the Contract, he shall, before proceeding with such work, give to the Architect immediate notice in writing to this effect and in such notice he shall furnish the Architect with particulars of any claim made by him in respect thereof. In the event of the Contractor being able to show that before the receipt of such further drawings, details, instructions, directions, and explanations given by the Architect as aforesaid he had properly prepared or bought materials for the purpose of the original Contract and will thereby suffer loss, such loss shall be borne by the Employer. In the event of the Architect and Contractor failing to agree as to whether or not there is any extra or excess, and of the Architect deciding that the Contractor is to carry out the said work, the Contractor shall accordmgly do so, and the question whether or not there is any extra, and, if so, the amount thereof, shall, failing agreement, be settled bv the Arbitrator as provided in Clause 39. 3. Drawings and Specification. — The signed Drawings and Specification and the priced Bills of Quantities shall remain in the custody of the Architect and shall be produced by him as and when required, but, as regards the priced Bills of Quantities, only to the Employer's nominee, THE HOUSING AND TOWN PliANNING ACTS AS AMENDED. 185 the Quantity Surveyor, the Contractor, and a duly authorised Officer of thj Ministry of Health. 4. Copies of the Drawings and Specification. — One complete copy of all Drawings and of the Specification shall be furnish(ed by the Architect free of cost to the Contractor for his own use. The Architect shall furnish to the Contractor, within days after the receipt by him of a request for the same, any details which in the opinion of the Architect are necessary for the execution of any part of the work, such^ request to be made only within a reasonable time before it is necessary to execute such work in order to fulfil the (Contract. Such copies and details shall be kept on the works until the completion thereof, and the Architect or his representative shall at all reasonable times have access t-o the same, and they shall be returned to the Architect by the Contractor on the completion of the Contract, 5 Copy of Estimate. — The Contractor sliall on the signing of the Contract furnish the Architect with a verified copy of the fully priced Bills of Quantities forming the original estimate, but such Bills of Quantities shall be used for the purpose of the Contract only, and shall not bo disclosed by the Architect to any person other th^n those mentioned in Clause 3 hereof. 6. Local and other Authoritifs. Byelaws, etc. — The Contractor shall conform to the provisions of every Act of Parliament relating to the works, and to the regulations and bye-laws of any Local Authority so far as is necessary, and of any Water and Lighting Companies with whose systems the structure is" proposed to be coimected, and shall, before making any variation from the Drawings or Specification that may be necessitated by so conforming, .;ive to the Architect written notice, specifying the variation proposed to be made, and the reason for making it, and applying for instructions thereon. In case the Contractor shall ndt in due course receive such instructions he shall proceed with the work, conforming to the provision, regulation or bye-law in question, and any variation so necessitated shall be dealt with under Clause 15. The Contractor shall give all notices required by the said Acts, Regulations or bye laws to be given to any Load Authority, and pay *all fees payable to any such Authority, or to any Public Officer in respect of the works. 7. Setting out WorJ:. — The Contractor shall set out the works, and during the progress of the building shall, unless the Architect shall decide to the contrary, amend at his own cost any errors arising from inaccurate seating out. 8. Materials, etc., to conform to Specification. — All materials and workmanship shall be of the respective kinds described in the Specifi- cation, or if none are specified then the best kinds availabl'e. ard the Contractor shall upon the request of the Architect furnish him with vouchers to prove that the materials are such as to comply with these requirements. 9. Foreman. — The Contractor shall keep constantly on the works a competent agent or general foreman, and any directions or explanations given by the Architect to such agent or foreman shall be held to have been given to the Contractor. • 10. Di.?mis.snJ of Worlmen by Architpcf. — The Contractor shall, on the request of the Architect, immediately dismiss from the works any person employed thereon by him who may in the opinion of the Architect be incompetent or misconduct himself, and such person shall not be again employed on the works without the permission of the Architect. , ^ 186 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 11. Access for Architect to Worhs.— The Architect and any person authorised bv him on behalf of the Employer, and any duly authorised Officer of the Ministry of Health, shall at all reasonable times have access to the works, and the Architect and his representatives shall at like times have access to the workshops of the Contractor or other places where the work is being prepared for the buildings. 12. Clerk of Worki^.— The Clerk of Works shall be considered to act solely as Inspector on behalf of the Erniiloyer and under the Architect, and the Contractor shall afford him every facility for examining the works and materials. 13. Variations and Extras. — ^The Contractor shall, when instructed by the Architect, or as provided by Clause 6, vary by way of extra or omission from the Drawings or Specification ; such instruction is to be sufficiently proved by any writing or drawing signed by the Architect or by any subsequent written approval by him. No claim for an extra shall be allowed unless it shall have been executed under the provisions of Clauses 2 or 6 or by the authority of the Architect as herein mentioned. Any such extra is hereinafter referred to as an authorised extra. No variation shall vitiate the Contract. 14. Errors in BilU of Qunntitiis. — Should any error appear in the Bills of Quantities other than in the Contractor's prices and calculations, it shall be rectified, and such rectification shall constitute a variation of the Contract, and shall be dealt with as hereinafter provided. 15. Price for Extras: hoiv ascertained. — All authorised extras for which a price may not have been previously agreed, and any omission which may have been made with the knowledge of the Architect, or without his knowledge, provided he subsequently give a written sanction to such omission, shall be measured and valued, as herein provided, by the Architect or Quantity Surveyor ; and a copy of the Bill or statement of such measurement and valuation shall be given to the Contractor. The variations shall be valued at the rates contained in the priced Bills of Quantities or, where the same may not apply, at rates proportionate to or based upon the prices therein contained. If, in the opinion of the Architect, the work cannot be properly measured and valued, day work prices shall be allowed therefor, provided that vouchers specifying the time and materials employed shall have been delivered for verification to the Architect, or his nominee, at or before the expiration of the week following that in which such work shall have been done. The prices to be allowed for day work shall be, for labour, the actual net wages at current district rates of wages' paid to the workpeople employed, and, for materials, the net cost of such materials, with an addition thereto of per cent, in the case of labour and per cent, in the case of materials, _to cover all insurances, establishment charges, superintendence, use of tools and scaffolding, travelling expenses, and profit. The amount to be allowed on either side in respect of the variations so ascertained shall be added to or deducted from the contract sum as the case may be. 16. Bills of Quantities : Expenses of. — The fees for the Bills of Quantities and variations and the Quantity Surveyor's expenses (if any) shall bo payable by the Employer. The fees of . any Quantity Surveyor employed by the Contractor shall be payable by the Contractor. 17. Plant, etc., 7iot to he removed. — All plant, tackle, and materials used by the Contractor in the performance of his part of this contract shall in all cases, from the time at which they or any of them may be brought upon the site until no longer required for completing the works, be deemed to be the property of tbe Employer, and the Qontractor shall T?IE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 187 not remove the same nor any part thereof without the written authority of the Architect, but such authority shall not be unreasonably withheld. 18. Poioer to Architect to order Bemoval of Improper Work. — The Architect shall, during the progress of the works, have power to order in writing from time to time the removal from the works, within such reasonable time or times as may be specified in the order, of any materials which, in the opinion of the Architect, are not in accordance with the Specification or the instructions of the Architect, the substitution of proper materials, and the removal and proper re-execution of any work executed with mat^erials or workmanship not in accordance with the Drawings and Specification or instructions, and the Contractor shall forthwith carry out such order at his own cost. In case of default on the part of the Contractor to carry out such order, the Employer shall have power to employ and pay other persons t-o carry out the same ; and all expenses consequent thereon or incidental thereto incurred by the Employer shall be recoverable by him from the Contractor as liquidated and ascertained damages, or may be deducted by the Employer from any moneys due or to become due to the Contractor. 19. Defects after completion. — Any defects, shrinkage, or other faults which may appear within months from the completion of the works,' and are due to the materials or workmanship supplied by the Contractor or by any sub -contractor nominated, selected, or approved by the Architect under Clause 34 hereof not being in accordance with the Drawings and Specification or the instructions of the Architect, and any damage to pointing by frost appearing within the like period, shall, upon the directions in writing of the Architect, and within such reason- able time as shall be specified therein, be amended and made good by the Contractor at his own cost, unless the Architect shall decide that he ought to be paid for same, and in case of default the Employer may employ and pay other persons to amend and make good such defects, shrinkage, or other faults or damage, and all expenses consequent thereon or incidental thereto incurred by the Employer shall be recoverable by him from the Contractor as liquidated and ascertained damages, or may be deducted by the Employer from any moneys due or to become due to the Contractor. 20. Work to be opened up at request of Architect. — The Contractor shall, at the request of the Architect within such time as the Architect shall name, open for inspection any work covered up ; and should the Contractor refuse or neglect to comply with such request, the Architect may employ other workmen to open up the same. If the said work has been covered up in contravention of the Architect's instructions, or if on being opened up it be found not in accordance with the Drawings and Specification or the instructions of the Architect, the expenses of opening and covering it up again, whether done by the Contractor or such other w^orkmen, shall be borne by, or recoverable from, the Contractor, or may be deducted as aforesaid. If the work has not been covered up in contravention of such instructions, and is found in accordance with the said Drawings and Specification or instructions, then the expenses aforesaid shall be borne by the Employer, and if the opening and covering up again have been done by the Contractor, shall be added to the contract sum ; Provided always that in the case of foundations, or of any other urgent work so opened up and requiring immediate attention, the ^Architect shall, within a reasonable time after receipt of notice from the Contractor that the work has been so opened up, make or cause the inspection thereof to be made, and at the expiration of such time, if such inspection shall not have been made, the Contractor may cover up the same, and shall not be required to open it up again for inspection except at the expense of the Employer. 188 THE HOUSING AND TOWN PI.ANNINC. ACTS AS AMENDED. 21. Assi'/nmcnt or Suhleiting. — The Contractor shall not, without th« written consent of the Employer or the Architect on behalf of the Employer, assign this agreement or sub-let any portion of the Work*. 22. Damaiji' to Person ami PropKrty. — The Coiitr;i^tor shall be rcspon sible for all damage to property, and for injury to persons, animals, or things, caused by the works or workmen, and shall indemnify the Employer against any claims' or proceedings in respect thereof and also against any claims or proceedings made at Common Law or under any Act or Acts of Parliament, including the Fatal Accidents Act, 1846, the Employers' Liability Act,, 1880, and the Workmen's Compensation Act, 1906, or any amendment thereof, by any person in the employ of the Contractor or of any Sub contractor or any person claiming through such person. And further the Contrtoctor shall, if and when required by the Employer so to do, secure the due performance of these indemnities either by entering into such policy or policies of insurance as the Employer shall approve, or by otherwise securing the Employer to its entire satisfaction against any liability hereunder. The policy or policicB and receipts for premiums shall be produced to the Architect from time to time upon request, and in case of failure to lio so the ?^.mpIoyer shall be entitled to insure and deduct the amounts of the premiums from iiny sums due to the Contractor. The Contractor shall also be responsible for all injuries caused to the buildings, the subject of this Contract, by frost or other inclemency of weather, and shall reinstate all damage caused by the same. 23. Extraordinnrij Traffic. — The Employer .tshall be responsible for all damage or injury which may be c;uised to any streets or roads through extraordinary traffic arising out of the proper execution and carrying out of the works. The Employer shall indemnify the Contractoi- against all claims or proceedings in respect thereof which may be made or brought against the Contractor, and from all losses or expenses which he may suffer, incur, or be put to in the event of any such damage or injury being occasioned, except in any case in which the Contractor uses vehicles of an imjiroper nature or design or loads any vehicle in an improper manner. 24. Fire Insurunce and Carp of Worl-.^. — From the commencement until the delivering up of the works the care of the same shall rest entirely with the Contractor, and he shall be responsible for anything that may be lost, stolen, or damaged by accident, fire, carelessness, defective works, or in any other way, and he shall insure the same against fire to the full value thereof in the joint names of the Employer and the Contractor in a Fire Insurance Office to be approved by the Employer and pay all expenses incurred thereby. The Policy and receipts for premiums from time to time shall bo deposited with the Architect on behalf of the Employer. All moneys received under any such policies are to be applied in or towards the rebuilding, reinstatement, or reparation of the works destroyed or injured. In case of failure of the Contractor to effect and maintain such insurant the employer shall be at liberty to insure, and deduct the amount of the premiums paid from any moneys payable to the Contractor. 25. Date of Completion.— Possession of the sit« for premises) shall be given to the Contractor on or before the day of He shall commence the works immediately after such possession, shall regularly proceed with them, and shall complete the same or part,« of the same m the order and by the dates set out below :— 26. Damages for non-comrjJetion.—lf the Contractor fail to complrfe any part of the works by the date specified in the precedine clause as THE HOUSING AND TO\VN PLANNING ACTS AS AMENDED. 189 the date of completion for that part, or within any extended time allowed by the Architect under these conditions, and the Architect shall certify in writinsj that the Morks could reasonably have been completed by the said dates or within the said extended time, the Contractor shall pay or allow to the Employer the sum of st-erling per week as liquidated and ascertained damages for every week beyond the said dates of extended time, as the case may be, during which the works shall remain unfinished, except as provided by Clause 27, and such damages may be recovered from the Contractor by the Employer or may be deducted by the Employer from any moneys due or to become due to the Contractor. 27. Extension of Time. — If in the opinion of the Architect the works be delayed by force majeure or by reason of any exceptionally inclement weather, or by reason of instructions from the Architect in consequence of proceeding taken or threatened by or disputes with the adjoining or neighbouring ovmers, or by the action or delay of other Contractors or tradesmen engaged or nominated by the Employer or the Architect, and not referred to in the Specification, or by reason of authorised extra* or additions, or in consequence of any notice properly given by the Contractor in pursuance of Clause 2, or by reason of any local combination of workmen or strike or lock-out affe( tint; any of the Building trades, or in consequence of the Contractor not having received in due time necessary instructions from the Architect for which he shall have specifically applied in writing, the Architect shall make a fair and reasonable extension of time for completion in respect thereof. In case of such strike or lock-out, the Contractor shall, as soon as may be, give to the Architect written notice thereof. But the Contractor shafl nevertheless use his best endeavours to prevent delay and shall do all that may reas-^nablv be required to the satisfaction of the Architect to proceed with the works. 28. Suspension of Worl-.^ hi/ Contmctor. — If the Contractor, except on account of any legal restraint upon the Employer preventing the continuance of the works, or on account of any of the causes mentioned in Clause 27, or in case of a certificate being withheld or not paid when due, shall suspend the works, or in the opinion of the Architect shall ncalect or fail to proceed with due diligence in the performance of his part of the Contract, or if he shall more than once make default in the respects mentioned in Clause 18. the Archit-ect acting on behalf of the Employer shall have power to give notice in writing to the Contractor requiring that the works be proceeded with in a reasonable manner and with reasonable dispatch. Such notice shall not be unreasonably or vexatiously given, and must signify that it purports to be a notice under the provisions of this Clause, and must specify the act or default on the part of the Contractor upon which it is based. If the Contractor shall fail for days after such notice has been given to proceed with the works as therein prescribed, the Employer may enter upon and take possession of the works and site and of all plant and materials thereon (or on any ground contiguous thereto) intended to be used for the works, and all such materials and plant shall thereupon become the property of the Employer absolutely save as respects plant and material (if any), required bv the Employer to he removed by the Contractor as hereinafter in this Clause provided. If the Employer shall exercise the above power he may engage any other person to complete the works and exclude the Contractor, his agents and servant* from entry upon or access to the same, except that the Contractor or any one person nominated by him may have access at all reasonable times to inspect, survey, and measure the works. And the Employer i^hall take such steps as in the opinion of the Architect may be reasonably necessary for completing the works without undue delay or expense, 190 THE HOUSING AND TOWN IM.ANMNC. ACTS AS AMENDKD. using for that purpose the plant and materials above mentioned in so far as they are suitable and adapted to such use. Upon the completion of the works, the Architect shall certify the amount of the expense piO[)erly incurred consequent on and incidental to the default of the Contractor as aforesaid, and in completiuK the works by other persons. Should the amount so certified as the expenses properly incurred be less than the amount which would have been due to the Contractor upon the completion of the work by him, the difference shall be paid to the Contractor by the Employer ; should the amount of the former exceed the latter, the difference shall be paid by tlie Contractor to the Employer. The Employer shall not be liable to make :uiy j)ayment or comj)ensation to the Contractor for or on account of the jiroper use of the plant for the completion of the works under the provisions hereinbefore contained other than such payment as is included in the Contra*:t price. After the works shall have been so completed by persons other than the Contractor under the provisions hereinbefore contained, the Employer shall give notice to the Contractor of such completion and may require him from time to time, before and aft^r such completion, to remove any plant and materials as aforesaid as may not have been used in the completion of the works from the site. If such plant and mat-erials are not removed within a reasonable time aftor notice shall have been given, the Employer may remove and sell the same, holding the proceeds, less the cost of the removal and sale, to the credit of the Contractor. 29. Banlrujitcii Clause. — If the Contractor shall become bankrufit or insolvent, or enter into liquidation, whether compulsory or voluntary (except liquidation for the fjurposes of reconstruction, or shall suffer execution for debt in any court of law, or shall propose any composition with his creditors for the settlement of his debts, or shall enter into, make, or execute any Deed or Agreement as defined by the Deeds of Arrangement Act, 1914, or .shall carry on, or shall 'propose to carry on, his business under inspectors on behalf of his 'creditors, or shall commit any act of bankruptcy, the Employer may require the Works to be proceeded with, and if this requisition Vie not satisfactorily complied with within seven days from the date of the Architect's notice to tha^ effect, the Employer may by notice to the Contractor in writing under the hand of the Clerk rescind the Contract, whereupon the same shall be at an end, and the Employer shall thereupon have power to enter upon and complete the same itself or enter into a fresh contract with any other person or firm for the completion of the same, without prejudice to its rights to recover from the Contractor or his sureties Ci{«riny^ any damages under the Contract for the default of the Contractor, and the loss sustained by the Employer. 30. Wages and Hours of Labour. — The Contractor and all sub-con- tractors executing the works shall at all times during their execution pay to the whole of their workpeople neither more nor less than the Trade Union or standard rate of wages in the several districts where their work people are actually engaged in the execution of the works, as agreed upon by the National Board of Conciliation for the Building Trades and confirmed by the Government, and shall also observe the hours and conditions of labour as well as the aforesaid rate of wages agreed upon and confirmed as aforesaid. In case of breach of this contract, the Employer shall have power to determine the contract. The Contractor and all sub-contractors shall keep proper wages and time books showing the wages paid to and the time worked by the workpeople in their employment in and about the execution of this Contract and such wages and time books shall be prodaced whenever THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 191 required for the inspection of any Officer authorised by the Employer or the Ministry of Health. Should the Employer have reasonable grounds for believing that the above conditions are not being complied with, the Contractor and sub- contractors shall be required to produce proof (to the satisfaction of the Employer) of their compliance with the said conditions. 31. "Prime. Cost " and "Nominal Prices," vieaning of. — The term P.C. shall mean the net prime cost delivered on to the site of articles or works to be obtained and fixed by the Contractor, inclusive of all packing and carriage. The Contractors shall allow for all profit and fixing (except where otherwise specified), and shall not be entitled to any trade or other discount except a cash discount not exceeding two and a half per centum. The Bills of Quantities contain instructions that the prices for items involving the use of (1) bricks, slatee, drain pipes, cement, and glass, and (2) in some case^ cast iron rain water goods, cast iron baths, coppers, stoves, ranges, sanitary ware, doors, window frames, and ironmongery are to be based on what are called " nominal prices." Prices for these items have been inserted in the Bills of Quantities and described as such. The terms P.C. shall not apply to any materials or articles for which nominal prices, as defined in Clause 40, appear in Schedule 4 or the Bills of Quantities. 32. Roj/nltifs and Patent Piqhts. — The Contract sum shall include all royalties or other sums payable in respect of the supply and use in carrying out the works of any patented articles, processes, or inventions which have been included, but the Contractor shall be reimbursed the cost of royalties or such other sums pnyable in respect thereof if any articles on which royalties or such sums are payable are ordered subsequent to the signing of the Contract .and for which no specific prices appear in the Bills of Quantities. The Contractor shall indemnify the Employer from and against all claims, proceedings, damages, costs, and expenses which may be brought or made against the Employer, or to which he may be put by reason of the Contractor infringing or being held to infringe or to have infringed any patent or patent rights in relation to any such articles, processes, and inventions, and in the event of any injunction being obtained against the use of the snme the Contractor shall forthwith replace the same with such other m:iterials, apparatus or appliances, as the case may be, satisfactory to the Employer, which do not or will not infringe any such injunction or any patents or patent rights. 33. Provisional Amoitnts. — The Architect shall have power, in case of all or any sums included in the Contract by way of provision, to have the works referred to in such provision executed by some other person or persons than the Contractor, and to give certificates for payment of the cost of such works in favour of any person or persons so employed, and the Employer shall have authority to pay such person or persons the certified amount or amounts direct, and to deduct in such cases the provisional amounts from the sum then due to the Contractor under the Contract. 34. Suh-contracfor. — All specialists, merchants, tradesmen, or others executing any work, or supplyinsr any goods for which prime cost prices or provisional sums are inducted in the Specification or Bills of Quan- tities, who may at any time be nominated, selected, or approved by the Architect, are hereby declared to be sub-contractors employed by the Contractor ; but no such sub -contractors shall be employed upon the works against whom the Contractor shall make reasonable objection, or who will not enter as a condition of obtaining the order into a contract with the Contractor upon terms and conditions consistent with those in this Contract, and securing the due performance and maititenance of the •2 THK IIOl SINP, AND TOWN PLAWNIKQ ACTS AS AMRSnED ork supplied or executed by such siib-con tractor, and indfmnifyinp the Contractor a^jainst any claim arising out of the miau«o hy the euh-coit' tractor or his workmen of any scriffold rrected or 7)lant provided by the Contractor, or any claim mado af^ainat the Contractor in consoquenc* of Jiny act, omission, or default of the sub con tractor, hia servant! or agents, and atjainst any claim either at Common Law or under any Act or Acts of Parliament, includint; the Fatal Accidents Act,- 1846, the Employers' Liability Act. 1880, and the Workmen's Compensation Act, in06, by any person in the emplny of such sub-contractor or any person laimirig throu^jh such person. Payment shall be made by the Cotitr:ictor to such subcontractor (except ■I cases where the Employer decides to pay any such subcontractors direct) upon the Ci'itificate of the Architt ct only, within seven days of tho date of such Certificate, and provided that the amount of such Certificate shnll have been ifuhided and stated to have been so included in a certificate issued to tbf^ T'ontractor, and that the Contractor shall have received payment thereof. 35. Settlemfnt of Accounts. — Tn settlement of nccoant* at completion of Contract , the Contractor will, as regards provisional sums and tiniest otherwise specified, only be allowed the profit Uhich he has included in his ej-.timatc, but should more or less than tho sums provided be expended, a proportionate ndflition to, or fleduction fmm, the Contractor's profit shall be made. Tf any such amounts are omitted entirely, then the amount to be deducted shall be the provisional sum included in the estimate, but any profit added by the Contractor shall not be deducted. 36. Thf Employer may ezecutf other Work*. — The Employer shall at all times have access to the works and buildincs and to other places liero work under this Contract is beinc prepared and may execute and irry on any other works, or may appoint others to exectite and carry ':i such, and the Contractor shall afford refl.«^nable facilities for so doing. tf such work impedes or interriiiits the Contractor in his procress. he ■1 ly. by civintr notice to the Architect at any tinje durinc the continuance f the impediment or interruption, claim to be allowed time for the nmpletion of the works or of the part thereof affected in addition to the time specified in Clause 25 hereof, and if the Architect, l)einK satisfied that tho claim is a proper one, ernnts a time order, such additional time as is specified in the order will be allowed. Any time order which the .Architect may tliink fit to trrant .'^hall be civen by him within 21 (lay<5 after the delivnry of the Contractor's claim. Save as aforesaid, the Employer shall not be liable for any cjaim made by the Contractor on the ccround of any alleged impediment to or interruption in the execution of the works. 37. Payments. — No sum of money shall be considered to be dne or "wing to the Contractor or be recoverable by the Contractor from the Employer unless and until the Architect shall certify in writing the .mount thereof and that thn Contractor is entitled thereto. When work to the value of £ has been executed and thereafter at monthly intervals the Architect shall certify in writing to the Contractor and the Employer the various sums which the Contractor is entitled to receive from time to time nnder this Contract : and ho shall issue such monthly certificate not later than the 15th day of each month followin;; that in which the first certificate is civen. and the Employer shall within fourteen day« of the date of issue of the Certificate pay to the Contractor the sum so certified to be due. , The amount to be certified by the Architect on his first and monthly certificates as due t.n thf Contractor shall be at the rate of 90 per cent, of the value of all work, including authorised extras and day work TIIH HOUSING AND TOWN rLANNlXG A- IS AS AMRNDED. 193 executed and materials delivered on the site up to tlio first day of ihe month in which payment is made. The balance of 10 per cent, of ihe value of the work executed and material supplied shall be retained for subsequent payments after completion or occupation of the works until the surr. so retained amounts to £ , after which the Contractor shall be entitled to be paid monthly to the full value of all work executed and material supplied as before set out. One moiety of the sum so retained shall be paid (subject to the conditions set out hereia) to the Contractor at the completion or occupation of the works, and the other moiety, together with any further sum found due to the Contractor at the? final adjustment of the accounts by the Quantity Surveyor, shall be paid months after completion or occupation of the works, j)rovided that all defects are made good for which the Contractor is liable and that he has otherwise discharged his liabilities under the Contract. Provided that the amounts so agreed to be retained shall be deposited by the Employer as they accrue in a Bank to be agreed between the parties in the name or names of and it is hereby declared that any interest on such deposits so accruing is the proijerty of the Contractor, and shall l)o released to him by the Employer at the time of the final payment after completion. Nd certificate of the Architect, e.\cept that for the final balance, shall be considered conclusive evidence of any works or materials to wliich it relates nor to the value thereof : nor shall it relieve the Contractor from his liability to make good any defects as provided by these condi- tions, nor shall it in any way prejudice the Employer in the final settlement of the accounts in any cas<^ where the Contractor has been overpaid during the progress of the Works. If the Architect fails at any of the proper times to certify the sums to which the Contractor is entitled or if the final adjustment of the aecount is not completed within months after the completion of the works, and the delay in the issue of the said certificates or in the final adjustment of account is not due to the Contractor's failure to submit the necessary detailed particulars and claims before mentioned in a sufficient and reawmable time in which to allow the Architect and Quantity Surveyor to issue such certificate or calculate tb final amount due respectively, the Employer shall pay to the Contractor, in addition to the sums which have become due, interest on such sums, calculated at a rate being 1 per c^nt. above the current Bank I\.%te, computed from the dates when such sums should have been certified o; finally adjusted, as the case may be. Should the Architect require any detailed particulars on which to base the certificates before mentioned other than the final certificate, it shall be his duty to cause measurements to be made from time to time at the cost of the Employer, and to agree such figures with the Contractor, and such measuring and jvgreement of figures shall be carried out by the time necessary to enable the Employer to make the payments to the Contractor as herein set out. If the Employer shall not pay to the Contractor any sum certified by the Architect whether by way of interim or final certificate within the period of fourteen days from the d.-ite of such certificate, the Contractor may cive written notice to the Employer of such default, and if the Employer shall not pay such sum forthwith after the receipt of such notice the Contractor shall be at lil>erty to determine the Contract by notice in writing to the Employer and to recover from the Employer payment in full for all work executed and materials supplied and for any loss he may sustain upon any plant or material supplied or purchased N 194 TIIK lIOt'SING AND TOWN PLANNINO ACTS AS AMENDFCD. or prepared for the purpose of the Contract, together with loss of l)rorit on that part of the Contract remaining; uncompleted. It case of default by the Employer as aforesaid, the Contractor may at hia option retain possession of the works until the sum certified for is paid in full. If the Architect fails at- any of the proper times to certify the sums to which the Contractor is entitled or fails to issue such certificate for Bufficient amounts according to the terms of this Contract, the Contractor shall give notice to the Employer of such failure or delay ; and the Employer shall take steps to cause a prn|)er certificate to be issued. Should the Architect fail for the second time to is.sue a proper c-ertificate and the Emjjloycr decline or neglect to t,'ike such action as shall be necessary to cause such certificate to he issued, the Contractor shall be at liberty to determine the Contract by notice in writing to the Employer and to recover payment in full for all work executed and materials supplied and for any lose he may sustain upon any plant or material supplied or purchased or prepared for the purpose of the Contract, together with loss of profit on that part of the Contract remaining nncompleted. 38 Paymrntf to Suh-Contrartnr.i. —^houM any specialists or other tradesmen be engaged on the works under Clause 34 as appointed sub contractors, the Architect shall state in any certificate issued by him vmder the preceding clause the amount or amounts agreed by him with the Contractor and included in respect of the variotis sub contractors, and the Contractor shall, within seven days after receiving payment of the inr.talment due to him on the said certificate, y)ay over to such aub- contractors the amount included for them in such instalment; and the Contractor shall not be entitled to obtain another certificate from the Architect for a further instalment unless and until he satisfies the Architect by the production of vouchers or other sufiicient evidence that he has settled with such subcontractors for the proportion due to such sub-contractors of the instalment j)aid under the previous certificate granted by the Architect. Further, the Architect shall, on granting a certificate to the Contractor, give intimation to each sub contractor so interested of the granting of such certificate, together with a statement of the amount included therein for his work. This provision shall not imply or involve any contract between the Employer and the sub contractor or any responsibility or liability on the part of the Employer to the sub-contractor. 39. Arhitrnfion. — In all questions and disputes arising under or in connection with this Contract or the e.xecution thereof the decision in writing of the Architect, whether by way of certificate or otherwise, and whether given during the progress of the works or after their completion, shall be binding as Between the Employer and the Contractor. Provided that, except where the Architect's decision is stated to be final, it shall be open to either party within three days after receiving notice of such decision to require by notice in writing to the other party that the matter in disput^^ be settled by arbitration, and the matter shall thereupon be referred to the arbitration and final decision of and the decision of the Arbitrator shall be binding and conclusive upon the Employer and the Contractor. 40. (a) A^ominal Pricp«. — The term " Nominal Prices " is used in these conditions to denote prices which, under arrangements described in Schedule IV. hereto :ind made with the Director of Building Materials Supply, are fixed and tiot subject to variation. The jirovisions of tliis Clause do not apply to materials for which nominal prices are inserted in the Bills of Quantities, nor to materials held in stock by the Contractor THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 105 at the date of the deliveiy of his tender or the subject of firm contracts made by the Contractor at that date for delivery to him during the period of the contract. (b) Adjiifitmtnt of Contract price due. to change in cost of labour. — If between the date of delivery of the Contractor's tender and the /date of completion of the works comprised in the Contract, alterations in the rates of wages of the trades engaged in carryihg out this Contract or any sub contracts thereunder shall be agreed upon by the National Board of Conciliation for the Building Trades and confirmed by the (luveriimont, such alterations shall be made and given effect to in the wages paid to workmen employed on this Contract or sub-contracts and the sum payable in respect of the works comprised in the Contract or subcontracts shall be proportionately increased or decreased, as the case may be, to cover the aforesaid alt-erations in wages and any consequent variations in insurance payments relating thereto, but on the basis that any adjustment of the contract price due to such increjise or decrease in the wages paid as compared with those ruling at the date of delivery «f the Tender shall be a net addition or (deduction, as the case may be, w itliout any increase or decrease of profit by reason of such alterations in wages. * (c) Adjustment of Contract price, dve to change in cost of vtutcrials. — If between the date of delivery of the Contractor's tender and the date of the completion of the works comprised in this Contract alterations shall take place in the cost of any materials which are used in the execution of the said works and to which this Clause relates, then the sum payable to the Contractor shall be proix)rtionately increased or decreased as the case may be to cover the aforesaid alterations* in cost, but on the basis that any adjustment of the Contract price shall, as in the case of alterations in wages under the preceding paragraph, be a net addition or deduction, as the ciuse may be, without any increase or decrease of profit. (d) Deposit of a Schedule of Prices and its subsequent use. — For the purpose of this Clause the Contractor ir^. a Schedule of Prices to be attached to the Tender shall affix rate-s and prices both for labour and for materials fnot being materials for wliich nominal prices appear), which rates and prices shall be deemed to be the rates and prices ruling at the date of the Tender, and shall furnish the Employer or a duly authorised Officer of the Ministry of Health with such evidence as the Employer or such Officer may require as to the actual rates and prices * With reference to this condition, the Ministry of Health say, in General Housing Memorandum No. 10 (D 105) :— " Owing to the present uncertainty as regards costs of labour and materials, it has been deemed desirable to include in the conditions of contract provisions for the adjustment of the contract ^ price in the event of changes in rates of labour or costs of material during the currency of the contract. The Ministry consider that such provisions should be regarded as a purely temporary measure, and in their opinion it is very desirable that the system of firm contracts formerly obtaining in the building trade should be reverted to at the earliest possible date. With this object in view, the provisions as to adjustments referred to are to be regarded as transitory provisions, and it is hoped that there may be a gradually increasing number of cases in which a contract can be let at a firm price without the insertion of these provisions." Where this clause as to adjustment is included, it is necessary that a schedule of prices showing prices of material and rates of labour ruling at the date of the contract and on which the tender is based should be filled in. This document is designated the "Schedule of Prices." It should be issued with the forms of tender and returned duly completed with ihe tender— or at least before the tender is accepted. If the tender is accepted the schedule should subsequently be attached as a separate document to the contract. 11>6 THR HOUSING AND TOWN IM.ANNINO At'-US AS AMENDED. paid both for labour and materials employed and furnished by the Contractor or subcontractor for comparison with those quoted in the Schedule of Prices and for purposes of adjustment of the Contract price. (e) ProrUo an to an increafe in c<>.H of certain nuit e rialt —Fro\'ided that in the event of a rise in price of materials to which this Clause relate* by reason of which an affjustment in the Contract price is claimed by the Contractor, the 'Contractor shall t^'we notice thereof befare purchases of such materials are made and produce such evidence as the Employer or a duly authorised Officer of the Ministry of Health may considf: satisfactory that the addition to the contract price is not due to an\ unreafconallie delay or failure on the Contractor's part to purchase the mateiials before the rise occurred. | (/) Meaning of the tfrmn "mattrinh " and "lahour." — For the purposes of this Clause the term "materials" means materials or manufactured articles intended to be used on the Contract, but only in the state (ondition. or form in which the contractor or any sub-contractor usualls purchases them in the ordinary course of his business for conversion, manufacture, laying, or fixing by workpeople directly employed by him The term " materials " also includes charges for rail or water transport. The term " labour " means the wa^,'es of workpeople (including insurance payments in respect thereof) dire(t1y emi)li)yed by the Contractor or any sub-contractor, whether on the site or elsewhere, for the purposes of this Contract; the term "labour" also includes the cost of the hire or use of horses, carts, motor conveyances, and steam rollers, and of the fuel consumed therein. (n tractor's obsetvatiofts. * The Local Authority should inserts opposite «each iteni a lime or rate of deliver"'. The contractor is invited to make hi.s observations Upon these pro- posal?, and any variations are to be agreed upon before the contract is signed. THE HOUSlXd AND JOV.X I'LAX:. J :. . . ..> ... . ■ ...-,...■■..;. 199 Every effort will be made both by D.B.M.S. and by Officers of the Government to ensure the fulfilment of the agreed programme of delivery, and in case of failure to deliver according to the agreed programme the Contractor will be allowed such extension of time as is reasonable to make up for any delay in deliveries, but no other claim by the Contractor shall be sustainable. NOTE. Attention is specially drawn to the alternative arrran^ement, indicated on page 21, ishlch provides for supply and delivery of materials by the Contractor liirithout recourse to D.B.M.S. It Is desired that this alternative should be adopted in all cases in wrhich it does not entail increased expease. -*-3 o CD O « OS e25 c3 d b CJ a O 1/ V 05 S'O .■5 >''i^ a> I-* 09 o ^ 0-;: 3^ ■ © S c c o c o to o 3 ei " 5fl " jlS o * w § 3*5 « to:!: fc- ' »'— I'd a J, b b SS-2yoi> i^^^ *-* »^ rt j^ .5 t'S 11 * « S 9 •" ■".So :-Sc gni^Vgii •i3g§^'« 4^ - a< cs 3 ® 0,-5 o-f 5 Si ^ w inal pri for-) at ot or fr .8.) at arest to a -a T3 >. S a- ac8 i a «<-■ S— "v-; c < 0--.-0 — 2 a S "J-S -i- H- ^ B o O 3 "Cm O 1-0 4' Ph .2ja>,aJ Ph -j pq en O CS S'R THE HOUSIXG AND lOWX PLANNING ACl t. AS AMENDED. 201 MATERIALS TO BE SUPPLIED BY THE OONTRACTOE. The Contractor may be in a position to supply materials forming the subject of Items in Table I., and to deliver them on to the site at prices as favourable as or more favourable than thos? quoted in the total of Columns (a) and (/;) Table I. If this should be the case the Contractor is invited to fill in prices for the respective materials in Table II. and the declaration at the foot/ thereof. If the Contractor has filled in this Table and materials are supplied by him, the prices in Table II. will not be subject to the provisions of Clause 40 of the Conditions of Contmct. TABLE II. Item No. Description-* Unit. Quantities. Price quoted for supply bj' Con- tractor on to site including all . charges. Total quantity offered by Con- tractor. 1 2 3 4 5 Etc. Bricks Slates Drain pipes. Cement Glass Per 1,000 do. Per ft. run... Per ton Per ft. sui)er. * The description of tbe items is to be amplified, where necessary. We If the prices in this Table are accepted, j guarantee to supply all the materials of the respective kinds above mentioned and to the extent stated. Our Mv tender is based on the nominal prices in Table I. If the We prices in Table II. are accepted, j reduce the amount of ^Z.\. tender by £ our mv Signature Address NOTE. — If Clause 40 is not included in the Conditions of Contract the remainder of this Schedule is to be deleted. .Items in Table€II. are materials the supply of which is to be arranged for and made by the Contractor. The list is believed to be as complete as possible, and the Contractor is required to add to it if it is incomplete. Xo claim will be entertained under the provisions of Clause 40 of the Conditions of Contract for a variation in the sum payable in respect of the \yorks comprised in the Contract or Sub-contracts on account of variations of the prices of materials or any delivery charges relating thereto if such materials are not scheduled in Table III. and prices affixed. 202 TIIK HOUSING AM) TOWN Pl.ANMNd ACTS AS AMKM'KL*- TABLK HI. Materials in state, ('bndition or form ordinarily purchased by conlraetm* or sub contractors for conversion, manufacture, laying or fixing. ' NOTE.— These nett rates, and where applicable the delivered rates in Tables I. and II., with the addition of the percentage inserted by the Contractor in the Tender, will also be used for the j)urpo8e of pricing day work materials as provided in Clause 15 of flf> ( 'onrlitinns of ( ontract, 'subject to the provisions of Clause 40. Item No. Dcacription- Unit . Quiuititi»8. * « Rui|ding Bricks Facing Bricks Plain Red Quarry Tilne's Cement Expanded Metal Grit for Rough Cast lin. Round Wire Lath Nails Hair T... Milled I^ead Drawn Leaden Pipes Plumbers' Solder Fine Solder Copper Nails Pipe Hooks '2in. Rain Water Pipes 2Jin. ., „ Sin. „ „ 4in. Soil Pii)es 4in. Branches for ditto 5in. Half-round Gutters 4Un .. „ 15oz. Glass ^in. Rough Plate Glass White Lead Red Load Putty A Whiting Driers K nott i ng Boiled Linseed Oil Raw Linseed Oil ■Turpentine Varnish Glue Size Hall's Distemper Duresoo Liquor for Duresoo Por yard supl. .. Per l.OOo'of 1.200 . Per foot linl Per 1.000 Per doz Per foot linl Per 100 feet linl. Per foot cube Per foot supl Per square supl. Per cub. foot Per foot supl Per foot linl. Per sq. supl. Per cwt Per bundle . Per cwt. Per sq. yard Per ton Per cwt Per lb Per cwt Per" lb. Per yard linl- Per foot supl. Per cwt , , I .. JPer'lh. ..■.■.■.'.■.■.■ Ter gall Per'lb. ..■■.■.■.'. Per cwt ,Per' gall. '.■.'."..'. Note. — The description and unit quantities ihserted above are given tenta- tively only as illustrations. The local authority will compile the particulars according to the circumstances of the contract and locality. Items supplied by D.B.M.S. are not to be included in this Table. 204 /nil: iioi siN(; anu 'jown planning acts as amended. / TAHLE IV. Nott Lilhoiir raU'8, exclusive of National Insurance ami Workmen 'a I oiiipensation insurance rates (if any) which will be separately dealt with. Note. -These net rates, with the addition of the appropriate percentage inserted by the Contractor in "♦he Tender, will also be Ufed for the purpoM of pricing da^ work labour a» provided in Clause 15 of the Conditionn of Contract, subject to the provisions of Clause 40. t Traa*>. Halo Bricklayer Waller ^lason Slater Tiler Cajpenter Joiner in the Shop Machinist in the Snop Smith Smith's Mate ,^ Plumber .T Pluml>er's Mate .^.... Plasterer .*.... Painter Glazier ' Navvy ^ General Labourer Timborman Scaffolder Horse and Cart and Man Horse and Cart if rrquirod for less tht^ a day Per hour Per day ^ Per hour Note. — The list of trades should be auKmented, the circumstances of the contract and locality. it' necessary, according to 'J'lIK ilOl SING AND TOWN I'l.ANNlXG ACTS AS AMENDED. 206 FORM OF SURVEY OF HOUSING NEEDS. The Ministry of Health have issued a form NO. 1)89 for the purposes of surveys by a local authority of their district under Section 1 of Ihe Housing, Town Planning, &c. Act, 1919. A circular letter dated the 25th August, 1919, accompanied the issue of this form. This states : — '■ Section VI. of the Foi'm of Survey, when duly completed, will be regarded as the scheme under Section I. of the Act. It is not intended that this should be a detailed scheme with plans and estimates. It will be an outline or programme of the Local Authority's proposals, and will specify in approximate terms the number and types of the houses; to be provided, the acreage of the land to be acquired, the loailities in which building is to be undertaken, the number of houses to the acre, and the time within which the scheme, or any part of it, ^s to be carried into effect. Estimates of cost and of the rents to be charged will not be included at this stage, but will be submitted to the Minister before the scheme is finally approved* (see Section I. (4) of the Act). The procedure for submitting the detailed building proposals is outlined in the Manual on State-aided Housing Schemes." It is hoped that local Housing Commissioners will be able materially to assist the Local Authorities in working out the details of their schemes. COMPLETION OF SCHEMES BY INSTALMENTS. The Ministry of Health, in a circular letter dated the 25th August, 1919, says : " Local Authorities will bear in mind the importance of completing at least a part of their programme at the earliest moment. It would be unnecessary and undesirable that the whole of the scheme should be delayed on account of any difficulties which may arise in giviiw effect to a particular section of the proposals. While the scheme as sS out in the Form of Survey should comprise in outline the whole of the programme of the Council, there is no reason why the detailed proposals should not be submitted by instalments, :ind in many cases this will be the more practicable course. WHAT RENTS ARE TO BE CHARGED. In a memorandum dated the 7th August, 1919, The Ministry of Health say with reference to the Rfents under an Assisted Housing Scheme under the Act of 1919, " In view of the present high cost of building it is not anticipated that it will sbe possible to charge an economic rent, (t.e., one which gives a fair return on capital cost) in respect of the new houses and it is for this reason that the Government is giving the financial assistance already mentioned. Local Authorities should, however, obtain as high rents as can reasonably be charged, and in fixing them should take into consideration not only the rents which are 206 THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. being paid in the locality for houses of a eimilar class, but also the fact that they are providing better houses with greater amenities than is usually the case, and by the end of seven years (by which-linie the cost of building is expected to be only two-thirds of the present cost) local authorities should obtain rents which would represent an economic return on houses built at that date." / In a circular dated the 25th August, 1919, the Ministry of Health say : — So far as regards the erection of new houses the provisions of the Act extend only to the housing of the working classes. It has not been thought desirable to attempt to frame a statutory definition of the term " working classes," but it is intended that this term should be liberally interpreted and that no rigid criterion should be adopted, the types of houses which the Ministry would be prepared to approve are described and illustrated by typical plans in their Manual on State- aided Housing Schemes. As stated in the Manual, " these plans have been prepared with due regard for the areas desirable for the different rooms. They are only for a general guidance and are not intended to hamper initiative or to pi^vent full expression being given to local customs iind traditions, oi' the use of local Imildin'' materials." DELEGATION OF POWERS TO LOCAL HOUSING COMMITTEES. In a memorandum dated the 7th August, 1919, the Ministry of Health say : " Every local autliority should at once, if it has not already done so, appoint a housing committee and delegate to it wide powers. Under the new Act the power of entering into a contract is among the powers which may be so delegated. The committee may consist partly of persons who are not members of the local authority and it would usually be desirable that some of these should be women. The immediate business of the committee will be to progress as rapidly as possible with any schemes in hand, to ascertain the needs of the area as regards new houses, to see what houses should be closed or demolished andfv.hat slum areas cleared, and to prepare schemes for the purpose where this has not already been done. The important matt-er is to have houses built. At the earliest possible moment work should be started, there being no need to wait until a scheme has been sanctioned in all its stages before making a beginning. Sewering, street works and the like may be started as soon as the lay-out has been sanctioned and the tenders for that work approved. Moreover, without waiting for the complete scheme, any portions of it which are lirgent or on which work can be commenced quickly should be submitted immediately, so that the actual erection of houses, even if few in number at first, may be begun." In a circular letter dated 25th August, 1919, the Ministry of Health point out that an amendment to Section 81 of the Act of 1890 enables the Committee to co-opt persons who are not members of the Council, and to enter into contracts on behalf of the Council. It is desirable that some of the co-opted members should be women. THE HOUSING AND TOWN PLANNING ACTS AS AMENDKD. 207 APPEAL PROCEDURE— RULES, 1919. The Housing Acts (Appeal Procedure) Rules, 1919, made by the Minister of Health with reference to Procedure on Appeals under section 39 of the Housing, Town Planning, &c., Act, 1909. The Minist-cr of Health, under the powers conferred on him by section 39 of the Housing, Town Planning, etc., Act, 1909, and all other powers enabling him in that behalf, hereby revokes the Rules with reference to Appeals made by the Local Government Board on the nth day of January, 1910, and makes the following Rules: — Article I. — These Rules may be cited as " The Housing Acts (Apj)eal Trocedure) Rules, 1919." Article II. — (i) An appeal to the Minister of Health under Part I. of the Housing, Town Planning, etc.. Act, 1909, shall be made by sending to the Minister a notice of appeal in the form prescribed by the Housing Acts (Form of Orders and Notices) Order, 1919, signed by the appellant or by his duly authorised agent, together with the original notice, order, or demand appealed against or a true copy thereof. (2) The appellant shall notify the local authority forthwith of any appeal to the Minister of Health. (3) The appellant shall send to the Minister either with his ncntice of appeal, or within fourteen days thereafter, a concise statement in writing of the facts and contentions on which he relies. (4) The appellant shall deposit with the Minister within fourteen days from the date of his notice of appeal the sum of ten pounds, provided that the Minister may, if he thinks fit, require the deposit of a less sum than ten pounds or may dispense with the deposit. Article III. — The Minister shall, as soon as may be after receipt of the statement aforesaid, send to the local authority a copy of the notice of appeal and of the said "statement. Article IV. — The local authority shall, within ten days after the receipt by them of the said noti^cation, inform the Minister whether and to what extent they admit the facts stated in the appellant's documents, and shall send to the Minister a concise statement of the facts and contentions on which they rely. Article V. — (i) The Minister may at any stage Si the proceedings allow the amendment ofe any notice, statement, or particulars on such terms as he may think fit. (2) The Minister may at any time require the appellant or the local authority to furnish in writing such further particulars as he may think necessary. Article VI. — The Minister shall not dismiss any appeal without having first held a public local inquiry, unless the appellant has failed to prosecute his appeal with due diligence, in which event the Minister may determine the appeal summarily. Article VII. — The costs of any appeal, including the costs of any public local inquiry held in connection therewith, shall be in the discretion of the Minister, who may direct to and by whom and in what manner those costs or any part thereof shall be paid and may ta.x or settle the amount of costs to be so ])aid or any [lart thereof. 208 THE HOUSING AKD TOWN PLANNING ACTS AS AMENDED. Article VIII. — The Minister may, if he thinks fit, and subject to such conditions as he may impose, proceed with the consideration of any appeal notwithstanding any failure or omission by any person to comply with anv of the requirements of these Rules. Given under the Official Seal of the Minister of Health, this Tenth day of October, in the year One thousand nine hundred and nineteen. [L.S.] I. G. GIBBON, Assistant Secretary, Ministry of Health. TEMPORARY RELAXATION OF BYE-LAWS. The Ministry of Health (Temporary Relaxation of Building Bye-laws) Regula- tions, 1919, dated the 13th day of October, 1919, made by the r/linister of Health under section 25 of the Housing, Town Planning, .&c., Act, 1919. The Minister of Health,- in pursuance of the powers conferred on him bv sub-section (i) of section 25 of the Housing, Town Planning, etc., Act, 1919, and of all other powers enabling him in that behalf, hereby makes the follow- ing Regulations: — 1. These Regulations may be cited as "The Ministry of Health (Tem- porary Relaxation of Building Bye-laws) Regulations, 1919." 2. A Local Authority, notwithstanding the provisions of any building bye- laws,* may, during a period of three years from the 31st day of Julv, 1919. consent to the erection and use for human habitation of anv building erected or proposed to be erected, which complies with the conditions set out in the Schedule hereto. 3. The deposit to be received from a person appealing to the Minister of Health against the neglect or refusal of a Local Authority to give such consent as aforesaid, or against the conditions on which such consent is given or against the ' decision of the Local Authority as to the period for which the building may.be allowed to be used -for human habitation, shall be the sum of ten pounds : provided that the Minister of Health may in any case, il he thinks fit, require a deposit of less than ten pounds or may dispense with a deposit. » SCHEDULE. • Conditions to be complied with in the case of buildings to be used for human habitation which do not comply with the bye-laws. I. The whole ground or site of the building within the external walls shall, wherever the dampness of the site or the nature of the soil renders this precaution necessary, be covered with a layer of good cement concrete at * Section 40 of the Housing, Town Planning, &c., Act, 1919, enacts that, for the purposes of Part I. of the Act. the expression " Building bye-laws " includes bye-laws made by any local authority under section one hundred and fifty- seven of the Public Health Act. 1875, as amended by any subsequent enactment, with respect to new buildings, including the drainage thereof and new streets, and any enactments in any local Acts dealing with the construction and drain- age of new buildings and the laying-out 'and construction of new streets, and any bye-laws made with respect to such matters under any such local Act. THE HOUSING AND TOWN PLANNING ACTS AS AMENDED. 209 least 4 inches thick tinished shovel face. Provided that this condition need not be complied with in the case of a building already erected at the dale of the making of these Regulations and aot subsequently re-erected. 2. — (i) Each external wall of the building shall either: — (a) to a height of not less than 6 inches above the surface of the ground adjoining the wall be constructed of good cement concrete not less than 6 inches thick, or of brickwork composed of good whole bricks not less than 4J.^ inches thick, all brickwork or stonework in the wall to be properly bonded and solidly put together with good lime or cement mortar ; or (b) be carried at a height not less than 6 inches above the surface of the ground adjoining upon sufficient piers constructed of good bricks, stone, or other hard and suitable materials simil"arly bonded and put together, or of good cement concrete. (2) Each e.xternal wall or pier of the building shall rest on concrete or on some other solid and sufficient foundation. (3) Each external wall of the building shall be provided with a proper damp-proof course of asphalte, or slates laid in cement, or of some other not less durable material impervious to moisture, beneath the level of the lowest floor and of the lowest timbers, and at a height of not less than 6 inches above the surface of the ground adjoining the wall. (4) Provided that the foregoing requirements of this section shall not apply to any building already erected at the date of the making of these Regulations, and not subsequently re-erected, which rests upon wooden piles, or similar supports, of sufficient strength and in sound condition. 3. Every external wall of the building shall be constructed of good and suitable material and so as to be of sufficient stability and weather-proof. 4. The roof of the building shall be so constructed and supported as to be of sufficient stability and shall be covered externally with suitable fire- resisting and weather-proofing material. A ceiling of good plaster or other suitable material shall be provided over every habitable room, and where the room is partly in the roof, the soffits of the roof shall be ceiled ofiE with good plaster or other suitable material. 5. Where the building is intended to form two or more dwellings, the dwellings shall be separated by solid partitions of incombustible material not less than 3 inches thick, carried up to the under side of the roof-covering and resting throughout their entire length on solid continuous walls which as regards construction and damp-proof course shall comply with the provi- sions of section 2 of this Schedule. Given under the Official Seal of the Minister of Health this Thirteenth day of October in the year One thousand nine hundred and nineteen. [L.S.] I. G. GIBBON, Assistant Secretary, Ministry of Health. I N D E X. INDEX 213 INDEX. PAGE. Accounts 118, 131 Advertisements ;.... 64, 65, 91, 151 Allotments 74 Ancient Monuments 66 Appeals to Ministry of Health Rules 64. 207 Arbitration (see " Compensation "). Architecture- Buildings to be of suitable 6 Buildings of interesting 6, 66 Assisted schemes — '^ Introduction 7. 11 Regulations 129 Back to Back Houses 65 Borrowing (see Loans). Building Material — Sale of by Ministry 25 ,, local authority 83. 100 Societies (see Utility Society). Buildings — Acquisition of, by local authority 16 Unfit for habitation 99 (See also Closing Order.) By-laws — Building, definition of 38 ,, relaxation of 26. 27 ,, suspension of 65. 68 Lodging houses 28 Relaxation of 208 Charging Orders '■ 30. 60, 101 Clerk to Rural District Council — Reports to County Medical Of&cer 73 214 INDEX PAGE. Closing Order — Appeal against 59 Definition of 99 Penalty for re-letting 34 Possession under 84 Proced u re 57 Committees, Appointment of - by County Council 74 by Local Authority 118. 206 Commons 74, 75 Companies, Loan to 114 Compensation — L'nder Housing scheme 13, 76 ,, Improvement scheme and unhealthy areas 13, 96 ,, Reconstruction s(;heme and unhealthy and obstructive buildings 13, 61, 103, 106 ,, Town Planning scheme 13. 69 Payment of 53 Complaints ; in respect of — Housing schemes 54 Improvement schemes and unhealthy areas 90, 94 Reconstruction sclieme and unhealthy dwellings 54, 99, 102, 109 Town planning scheme r 70 Compulsory Acquisition of Land — for Housing. Improvement, Reconstruction, and Town Planning schemes, see under. See also Compensation. Compulsory Purchase Regulations. 1919 151 Contracts, Model form of 180 Contracts of Letting 56, 84, 117 Cottage, Definition of 66 County — Council — to act in default of local authority 8, 54. 55, 109 expenses of 62 housing of employees by 12, 137 see also "Committee." Medical Officer of Health- appointment of 72 inspection by 10 reports to 73 Definitions '. 38, 62, 72, 99, 120 INDEX 215 Demolition orders — page. ajDpeals against 59, 100 duty of owner under 100 failure to give effect to 55 making of 59 powers of local authority 100 Donations of Land 53 Dwelling House — definition 99 improvement fund 62, 97, 114 Easements — extinction of 61, 97, 105 Entry — by authorised person 14, 63 by superior "landlord " and "owner," see under. Elxpenses, of — housing schemes 62, 114 improvement schemes 97 reconstruction schemes 108 see also "Loans," "Assisted schemes," and "Dwelling House Improvement Fund." Fire, prevention of 28 Food, storage of 28 Forms and Notices 64 Houses — conversion into tenements 31 historic interest, saving for 6 power of local authority to acquire 16 sale or lease of by local authority 19 Houses for working classes — definition of .' 37 repair of, see Contract of Letting. tenants not disqualified for elections 20 see also " Lodging* Houses." Householders — representations by as to unhealthy dwellings 99 Housing schemes — acquisition of land for 15, 16, 52, 88 approval of 6 completion by instalments 205 duty of local authority to prepare 5 ,, ,, carry out 7, 113 216 INDKX Housing schemes — (continued) — pack. failure of local authority in respect of, see ' ( nm- plaint " and "Ministry of Health." joint schemes 7, 63 modification of 6 powers of local authority under 18. 112 "undertakers," duty to provide 86 Housing trusts — see Trusts. Improvement schemes — accommodation of persons displaced by 93 acquisition of land for .. 17. 95 character of (Introduction (viii.)) 89 contents of 90 confirmation of 91 execution of by local authority 93 execution of by trustees, societies, etc 93 modification of 61. 94 power of Ministry to act in default 9. 55, 82, 94 sale of unused land after five years 94 Inspection of ^District — ■ duty to make 57 failure to make 55 Inhabited House Duty 63 Joint , schemes and action 7. 63. 68 Justices — representations by. as to obstructive buildintrs 102 unhealthy areas 89 unhealthy dwellings 99 Land — laying out by local authority 18 sale, or lease of 19 Landlord — ■ implied contracts by 56. 84, 117 superior, right to enter and repair 33 see also " Owner." Lease, variation of (introduction (xvi.)) 29, 31 Loans — to local authorities 52. 72. 82. 85, 97, 108 to companies, private persons, utility societies, and housing trusts, see under. INDEX 217 PAGE. Local inquiries 54. 55. 61, 119 by-laws 65 i»iprovem€nt schemes 91 reconstruction schemes 104 town planning schemes 71 Lodging houses for working classes — acquisition and provision of 113 definition of 112 management of 113 See also "Houses of Working Classes" and "Tene- ments." London 38, 39. 68, 72. 85. 89, 98, 109, 116 Medical Officer — county, see under. illness of 98 name to be inserted in rent book j 33 obstruction of 119 official representations by 58, 90, 99. 102 Ministry of Health — power to act in default 7. 9. 54. 55, 83 to act as local authority 20 ,, to dispense with advertisements 65 , , to make by-laws 29 ,, ,, regulations 40. 68 ,, to prescribe forms 64 ,, to recoup losses under housing scheme 10 ,, to require housing scheme 6 ,, ,, town planning scheme 68. 71 New Forest, application of Acts to 36 Obstruction of officials 119 Obstructive buildings 55, 102 compensation for 61 sites of 102, 103 Occupier — failure to comply with an order 112 interference by 112 service of orders on 58, 91 Official representations — see under Medical Officer. Open spaces 18, 19, 67, 74, 104 218 INDEX < •wnei— " PAiJK. appeals agauist closing order 59 ,, ,, demolition order 59 duties under demolition order 100 entry to effect i-epairs Ill Information in i-ent books 33 notice to repair 31 repairs by local authority in default of 32 right to retain site of obstructive building 103 service of orders and notices on 58, 59, 91, 112 See also "Landlord." I'arks ... 67 See also lloyal Parks. • Poor Kate — not to apply - 63 Private persons, loans to 24, 25, 114 Public utility society — see "Utility Society." Katepayers — representations by 90 Reconstruction schemes — acquisition of land for , 17 character of (Introduction (ix.) ) 104 compensation, see under. modificatiiin of 61, 105 neighbouring land taken in 83 procedure for 104, 105 power of Ministry to act in default 9, 55, 82 Recreation gi-ounds 67, 84 Rent — conditions as to .. 20 what to be charged 135, 205 restriction Acts 35 Regulations — see Table of Contents. Rights of way ; 97, 105 Royal parks 37_ 75 Services of notices, etc 84. 85. 91. 105, 112, 119 Settled Lands Acts 34, 53, 117 Shops, maintenance of, by local authority 84 Small dwellings — acquisition by residents 43 »SinaU Tenants Recovei-j' Act 84 INDEX 219 PAGE. Specifications, standard 155 Streets — construction of, public 18, 19 definition of 66, 98 under town planning scheme 67 Survey of housing needs 205 Tenant — removal expenses 58, 118 Tenant for life — see Settled Lands Acts. Tender, model form of 180 Tenements — , by-laws as to 28, 29, 114 conversion of houses into 31 improvements, costs of , 30 ventilation of 65 Town planning schemes — acquisition of land for 70 approval of 67 contents of 68 contraventions of 69 development pending 41 land which may be included in 67 obligation to make 42 power of Ministry to require 42 preparation of 39, 42 Trusts, Housing — assistance to 22 audit of accounts of 23 definition of 38 legal proceedings as to 54 regulations 23, 148 Utility societies — audit of accounts of 23 definition of 37 financial assistance to 22, 139 loans to 23. 113 promotion of 21 regulations 139 rules of 142 statement of income, etc 144 220 INDEX PACK. "Undertakers" — 1<> house displaced j)er8° comer In the CORNERETTES "^o°<'°*'" system which m«kes tbem round and hygienic. IndUpensable to •very Honsinr 5chem«< " RELIANCE " STANDARDISED STEEL SASHES AND CASEMENTS Supplied on the Unit System. The question of daylight for houses is to-day being given thf consideration it deserves. By daylight you obtain the maximun: comfort and health, by using Reliance Standardized Steel Windows you obtain the greatest amount of light and air. Write to us fc^ details, sending specifications of requirements. Williams & Williams, IL.IIMII'rED. Commercial Office: SARDINIA HOUSE, KINGSWAY, LONDON, W.C.2. Head Office: RELIANCE WORKS, CHESTER. Branch OgiMt: MANCHBSTBR-86. CROSS BTRBBT. GKtASOOW— 68, GORDON STRBBT. All Housing Schemes should Include Reliance Standardlzmd Casements, UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRARY This book is DUE on the last date stamped below ■j'O)^ Z 9 19 ^t^ h « Form L-» 20m-l,'42(85:») UNIVfcKSlTY of CAU>i5aNlA AT UCLA-Young Research Library HD7333.A3 A5 1919 y L 009 530 983 7