(c) crown copyright

Catalogue Reference:CAB/24/159 Image Reference:0012

HIS DOCUMENT IS.THE -PROPERTY OF HIS BRITANNIC MAJESTY1S GOVERNMENT)

y , R E J .

,F, 155 (25 ) . C A B I N E T .

--HOME AFFAIRS - COMMITTEE'.

THE HOUSING BILL.

The at tached r ev i s ed dra f t of the Housing B i l l

(compris ing the p rov i s i ons other than those .dea l ing with

Slum A r e a s ) - i s c i r cu l a t ed in accordance wi th H;A,Ci

3rd Conclusions (23) Minute 9 . The proposals of the

Housing Committee f o r dea l ing wi th Slum Areas w i l l be

c i r c u l a t e d s epa ra t e l y in due course.

(S igned ) R,B. HOWORTH,

Secre ta ry , Home A f f a i r s Committee.

Whitehal l Gardens, S.W.1,

28th February, 1923.

Housing, &c. Bi l l .

ARRANGEMENT OE CLAUSES.

PART I .

AMENDMENTS OF HOUSING ACTS. Clause.

1. Government contributions to. expenses and losses of local authorities in assisting construction of houses.

2. Power of local authorities to assist private building enterprises.

3. Saving as respects houses not completed within the specified period.

4. Power of local authorities to advance money and give guarantees to persons building houses.

5. Repeal of 9 & 10 Geo. 5. c. 35, s. 15 (1) (d) & (2). 6. Provisions as to housing schemes outside area of

local authority. 7. Provisions as to licensed premises included in Part I .

and Part IT. schemes. 8. Assimilation procedure in the case of schemes

under Parts I . and I I . of principal Act. 9. Provisions as to obstructive buildings.

10. Receipts and expenditure under Housing Acts. 11. Service of notices, &c. 12. Repairs of houses. 13. Power to enter on land for purposes of scheme under

Part I . or Part I I . 14. Provisions as to byelaws relating to new streets, 15. Amendment of s. 4 of Act of 1909.

PART I I .

TOWN PLANNING, &C.

16. Determination of questions as to compensation under town planning schemes.

17. Extension of time for preparation of town planning schemes.

48-5 A

Housing, &c. [13 GEO. 5.J

PART I I I .

AMENDMENTS OE THE SMALL DWELLINGS ACQUISITION ACTS.

Clause. 18. Amendments of 62 & 63 Viet. c. 44.

PART I V .

GENERAL.

19. Application to Scotland. 20. Repeals and extent. 21. Short title.

SCHEDULES.

D R A F T

OF A

B I L L

Amend the enactments relating to the Housing of A.D. 1923. the Working Classes (including the amendment —

' and revocation of the building byelaws), Town Planning and the Acquisition of Small Dwellings. ..

BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords

Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same,

5 as follows.-:- , - . , - . , ,j w :

PART I . ­R 11: AMENDMENTS OE. HOUSING AGTS.

1 .-^(1) The Minister of Health (hereinafter referred Government to as the Minister) may, subject to such conditions as, cpntribu­

10 with the approval of the Treasury, he may think i fit to t l o n s t o

impose, make, or undertake to make contributions out andXsses of monies provided by Parliament towards:— of local ;

(a) any expenses incurred by a local authority for j ̂ ^ j ^ the:purposes of Part I I I . of the Housing of the construction

15 i' Working Classes Act,, 1890 (hereinafter referred 0 I houses, to as the principal Act), in assisting in accordance

! w i t h - s e c t i o n two1 of this Act persons or bodies of: persons, constructingf houses: of such type and size as may be specified- in' such conditions as

20 aforesaid and completed before the first day of July, nineteen hundred and twenty-five;

(6) any losses incurred by such an authority in themselves providing such houses; 4 8 - 5 A 2 ­

5

10

15

20

25

30

35

40

2 Housing; Sc; [13 GEO. 5.]

A;D: 1923. so, however, that such a contribution shall not exceed the sum of for each house in respect of which the contribution is made, payable annually for a period not exceeding years.

(2) The Minister may, with the approval of the Treasury, make or undertake to make contributions out of moneys provided by Parliament towards the expenses incurred by a local authority in carrying out a re-housing scheme in connection with a scheme made under Part I. or Part I I . of the principal Act (including the acquisition, clearance, and development of land included in the last­mentioned scheme, and whether the re-housing will be effected on the area included in that scheme or elsewhere), of such amounts, for such periods, and subject to such conditions as, with the approval of the Treasury and after consultation with the local authority, the Minister may determine so, however, that the annual contributions made in respect of any re-hbusing scheme shall not exceed one-half of the estimated average annual loss likely to be incurred by the local authority in carrying out the scheme.

(3) Where before the passing of this Act a local authority has submitted to the Minister proposals for assisting persons or bodies of persons undertaking to construct houses, or for the provision of houses by the local authority themselves, and such proposals have been approved by the Minister, contributions may be made under this section in like manner as if the assistance had been given or the houses provided after the passing of this Act.

(4) References in this section to local authorities shall in any case where the powers of a local authority have been transferred. to a county council include such county council. .

(5) Sections seven and nineteen of the Housing, Town Planning, &c. Act, 1919, and any enactments amending those sections, and section, eight of the Housing Act, 1921, are hereby repealed; but this repeal, shall not affect the validity of any regulations made thereunder or the power to amend such regula­tions, or any liability of the Minister to pay any sum, which under the said sections and regulations he has undertaken to pay, or any liability of the London County Council to make repayments to councils of

5

10

15

20

25

30

35

40

metropolitan boroughs thereunder, or the terms and A.D. 1923: conditions on which the Public Works Commissioners " may lend for the purposes of a scheme towards the losses of which the Minister is liable to contribute under the

said section seyen.

2.—(1) Local authorities for the purposes of Part Power of I I I . of the principal Act, may, in accordance with pro- local posals submitted by them to the Minister approved authorities by him, assist or undertake to assist persons and bodies j^^f

of persons constructing houses, being houses which comply building with the conditions required to be fulfilled in order that enterprises, contributions may be made by the Minister under this Act in respect cf them.

(2) Assistance under this section may be given in any of the following ways; that is to say, the local authority m a y ­

(a) make grants by way of lump sum after the com­pletion of the houses;

(&) undertake to refund, during such period as may be specified in the proposals, to the person by

whom the rates on any house are payable, the whole or any part of the rates paid by him in respect thereof;

(c) where the person to be assisted is a member of a building society who, for the purpose of building a house, has obtained advances from the building society, undertake to meet any part of the periodical sums payable after the completion of the house by him to the building

society by way of interest or repayment of such advances during such period as may be specified in the proposals.

(3) A grant made by a local authority under this section in respect of a house, may be made subject to

such conditions as the local authority may impose, and in the event of any breach of any condition so imposed the amount of the grant paid shall be recoverable by the local authority from the owner for the time of the house, and shall be a charge on the premises having priority

over all existing and future estates, interests, and encum­brances, with the exception of quit-rents and other charges incident to. tenure, tithe rentcharge and charges

5

10

15

20

25

30

35

40

A.D. 1923.

Saving as respects houses not completed within the specified period.

Power of local autho­rities to advance money and give guarantees to persons building houses.

created by Or arising'under any Act of Parliament, whether public, general or local.

In this subsection " owner" has the same meaning as in the Public Health Act, 1875.

(4 ) A local authority may, before granting assistance under this section in respect of any house, require security to be given that the house will be completed before the said first day of Jury, and that the other conditions subject to which the assistance is given will be observed.

(5 ) The raising of money for making grants under this section, shall be a purpose for which a local autho­rity may borrow under Part I I I . of the principal Act.

(6 ) In the application of this section to the county of London, the London County Council shall, to the exclusion of any other authority, be the local authority for the purposes of Part I I I . of the principal Act.:

3. The failure to complete a house before the said first day of July shall not render invalid any under­taking to make a contribution or give assistance, in respect of the house if the house is completed before the thirtieth day of September, nineteen hundred and twenty-five, and if the Minister is satisfied that the con­struction of the house was begun within a reasonable time and that the failure to complete the house before the said date was due to circumstances over which the person constructing the house had no control.

4 . — ( 1 ) Such local authority as is mentioned in section two of this Act may, subject to such conditions as may be. approved by the Minister, at any time within two years after the passing of this Act, advance money to persons or bodies of persons constructing or undertaking to construct houses, subject to the following provisions:—

(a) The advance shall be secured by mortgage, and the mortgage deed- may provide for repay­ment being made either by instalments . of principal or by an annuity of principal and interest combined; so, however, that in the event of any of the conditions subject to which the advance is made not being complied with, the balance for the time being unpaid shall immediately become repayable ; and

(b) the advance may be made by instalments from A.D..1923. time to time as the building of the house pro- — gresses, so that the total of "the advance does not at any time before the completion of the

5 house exceed fifty per cent, of the value of the work done up to that time on the con­structiori of the house, including the value of the site thereof."­

( 2 ) Any sUch- local authority' as aforesaid may 10 subject to such conditions and within such'time as afore­

said undertake to guarantee the repayment to a building society of any advances made by the society to any of its members for the purpose of enabling them to build or acquire houses.

15 (3 ) , An advance or guarantee under this section may be made,in respect of a house in respect of which assist­ance is given by the local authority under section two of this Act and in addition to such assistance.

, (4 ) The raising of money' for malting any such 20 advance,, or,for fulfilling any such guarantee, shall be

a purpose for' which' a local'authority may borrow under Part I I I . of the principal Act.

-,: 5. In section fifteen of the Housing, Town Planning, Repeal of &c. Act, 1919 (which relates to,the powers of' local 9&10Geo

25 authorities for dealing with" land acquired or appropriated MW^\ & jjji for the purposes of Part I I I . of the Housing of the Working Classes Act, 18Q0), the proviso to,paragraph (d) of subsection ( 1 ) and subsection (2 ) shall be repealed.

6 . — ( 1 ) Where a housing, scheme to which this Provisions ­30 section applies has been carried into effect by a local as to housing

authority outside, their own area, and for the purposes o u ^ ^ g S a r e a .

of the scheme roads have been constructed by that 0f j jo c a

local authority, then, if the Minister certifies that the authority, roads have been constructed and laid out in accord­

35 ance with plans and specifications approved by him, the liability to main tarn the roads * shall vest in the council of the borough or district in which the scheme was carried out,

(2 ) Where such a scheme has been carried out by 40 a local authority outside their own area, airy habitation

certificate "from the council of the.borough or district in. which the houses are situate, required under any local Act or byelaw shall not be necessaryin respect of

5

10

15

20

25

30

35

40

A.D. 1923.'

Provisions as to licensed premisesincluded inPart I. andPart I I . schemes,

Assimilation procedure in the case of schemes under Parts I. & I I . of principal Act,

6 Housing, (fee. [13. GEO. 5.]

any houses provided under the scheme which were constructed in accordance with plans and specifications

approved by the Minister. (3) The schemes to which this section applies are

housing schemes made and approved under section one of the Housing, Town Planning, &c.Act, 1919, and re-housing schemes in connection with a scheme made under Part I. or Part I I . of the principal Act, whether such housing or re-housing schemes have been carried out before the passing of this Act or are carried out hereafter.

(4) Where a scheme to which this section applies has been carried out, whether before or after the passing of this Act, by the London County Council within the area of a metropolitan borough, the council of the metropolitan borough shall be under the like Hability as to the maintenance of roads as if the metropolitan borough had been a borough outside London.

P

7. Where the land included in a scheme made, whether before or after the passing of this Act under

a r k I- o r P a r * H- 0 1 the principal Act, comprises premises in respect of which an old on-licence is in force, the following provisions shall have effect:—

(1) If on the application of the local authority by which the scheme is made the renewal of the licence is refused, that local authority may contribute such sum as they think fit towards the amount assessed as compensation upon the refusal of the renewal of the licence, and any sum so contributed shall be payable as part of the expenses of carrying out the scheme;

(2) Where the local authority acquire the premises in pursuance of the scheme, the compens tion authority under the Licensing (Consolidation) Act, 1910, may contribute out of the compen­sation fund such sum as they think fit.towards the amount assessed as compensation in respect of the acquisition of the premises.

8.--(1) Where a resolution has been passed by a local authority under Part I. of the principal Act that an improvement scheme ought to .be made, all. the provisions of the Housing Acts as to the procedure for making, confirming and carrying out of schemes under Part I I . of that Act, and as to the assessment of

[13 CEO. 5.] Housing, &c. 7

compensation for land taken under such a scheme, shall A.D. 1923. apply in the case of a scheme made under such a — resolution in lieu of the provisions governing such matters in relation to schemes under Part I.

5 Provided that— (i) the provisions of the Lands Clauses Acts

incorporated in an Order confirming a scheme either under Part I. or under Part I I . shall. be subject to the modifications of those Acts

10 contained in paragraph (10) and paragraph (12) of the Second Schedule to the principal Act as amended by any subsequent enact­ment; and

(ii) Section forty-one relating to the assessment 15 of compensation shall in its applicaion to

schemes both under Part I. and Part I I . of the principal Act have effect as if for sub­sections (1) (2) and (3) thereof the provisions of section twenty-one were substituted.

20 (2) As respects the County of London, both the London County Council and the metropolitan borough councils shall be local authorities for the purposes of schemes under Part I. and under Part I I . of the principal Act, subject to this qualification that where the

25 scheme relates to not more than ten houses the council of the metropolitan borough to the exclusion of the county council shall be the local authority, without prejudice, however, to contributions being made by metropolitan borough councils to the county council

30 and by the county council to the metropolitan borough councils in accordance with the provisions of section forty-six of the principal Act as' amended by any subsequent enactment.

9.—(1) The provisions of the Housing Acts relating Provisions 35 to compensation for obstructive buildings, which are a s t o o b ­

1 7 6dwelling-houses, and the assessment thereof, shall apply ^ j ;lings. to the case of obstructive buildings which are not

dwelling-houses. (2) The compensation payable in respect of the

40 demolition of an obstructive building, the site whereof is retained by the owner, shall be assessed by an official arbitrator under the Acquisition of Land (Assessment of Compensation) Act, 1919, and the provisions of that

d-8 B

5

10

15

20

25

30

35

40

8 Housing, &c. [1-3 GEO. 5.]

A.B. 1923." Act, other than section two thereof, shall apply aooord­— ingly, notwithstanding that no land is acquired com­

pulsorily.

Ileoeipts 10.'—(1) So much of the Housing Acts as requires and expend- receipts and expenditure of a local authority under

P a r t L o r P a r t I I L o f t h eHousing P^cipal Act to be paid into DActs. and out of the Dwelling House Improvement Fund shall

cease to have effect. (2) Every local authority shall keep separate accounts

of their receipts and expenditure— (a) under Part I. and so much of Part I I . of the

principal Act as relates to reconstruction schemes;

(b) under so much of Part II. of the principal Act as does.not relate to such schemes;

(c) under Part I I I . of the principal Act.

Service of 11,—(1) Any notice, order, or other document notices, &c q U i d or authorised to be served under the Housing r e r e

Acts may be served either—­(a) by delivering it to.the person on whom it is to

be served; or (5) by leaving it at the usual or i last-known place

of abode of that person; or (c) by forwarding it by post in a pre-paid letter

addressed to. that person at his usual or last­known place of abode; or

(d) if addressed,to the "owner" or "occupier" of premises, by delivering it to some person on. the premises, or if there is no person in the premises on whom it can be so served, then by affixing it to some conspicuous part of the premises.

(2) Any notice, order, or other document which is by the Housing Acts required or authorised to be served on the owner or occupier of any premises may be addressed to the " owner " or " occupier " of the premises (naming them) without further name or description.

(3) Nothing in this section shall affect the provisions of the Housing Acts relating to the service of notices, summons, writs and other proceedings at law or otherwise required' to be served on local authorities under those Acts.

5

10

15

20

25

30

35

40

12. Subsections (3) to (6) of seetioii fifteen of the A.D. 1923. Housing, Town Planning, &c. Act, 1909 (being provisions

Repairs of which are virtually superseded by section twenty-eight houses, of the Housing, Town Planning, &c. Act, 1919), are

hereby repealed, and the said section twenty-eight shall have effect subject to the following modifications—

(a)' A notice given by a local authority under that section shall specify what works are to be executed as being necessary to make the house

in all respects reasonably fit for human habita­tion :

(b) The owner may appeal to the Minister against any notice requiring him to execute works under that section, and against any demand for

the recovery of expenses from him under that section or an order made by the local authority with respect to those expenses under that section, by giving notice of appeal to the Minister within twenty-one' days after the notice is

received or the demand or order is made (as the case may be) or such longer time as the Minister may allow, and no proceedings shall be taken in- respect of any notice, demand, or order whilst the appeal is pending:

Provided that no appeal against such a demand or order shall lie if and so far as the appeal raises any question which might have been raised on an appeal against the notice itself :

(c) The raising of money to defray the expenses of repairs executed by a local authority under that section shall be a purpose for which the local authority may borrow.

13. Section ten of the Housing, Town Planning, &c; Power to Act, 1919 (which enables a local authority to enter and enter on take possession of land which they are authorised to l a n d f o r

purchase compulsorily for the purposes of Part I I I . of o f ^ ^ g the Principal Act, or which they have agreed to purchase under for the purposes of that Part, subject to the rights of Part I. or

the person in possession), shall apply to cases where a P H. a r *local authority is authorised to purchase land com­pulsorily for the purposes of a scheme under Part I. or

B 2

A.B. 1923. Part TI.: of the Principal' Act and cases where the — a u t h o r i t y have agreed to purchase land for the purposes

of such a scheme subject to the interest of the person in possession, as if that section were herein re-enacted in terms made applicable to land authorised to be purchased or purchased for the purposes of such a scheme, subject to this modification, that the length of notice required to be given before entry shall be twenty-eight days instead of fourteen days.

Provisions 14.—(1) For the.purpose of facilitating the erection 10 as to bye- of dwelling-nouses, the Minister may prescribe a code of laws re­ building byelaws relating to the level, width, and' con­lating to stfuction of new streets, but no such code shall have new streets.

effect unless and until adopted by resolution of a local authority; and where such code' is so adopted it shall 15 not be necessary for the local authority to comply with the requirements of section one hundred and eighty-four of the Public Health Act, 1875, and the code shall have full force and effect as part of. the byelaws of the local authority in substitution for such of the existing byelaws 20 of the authority as may be specified in the resolution.

(2) Where a local authority have approved any plans and sections for a new street, subject to any conditions imposed by any byelaws in force in the area of that authority, those conditions may be enforced at 25 any time by the authority against the owner for the time being of the land to which the conditions relate.

(3) For the purposes of this section, existing bye­laws includes byelaws with respect to new streets made by any local authority under section one hundred and 30 fifty-seven of the Public Health Act, 1875, as amended by any subsequent enactment, and any enactment by local Act dealing with the laying out and construction of new streets and any byelaws made with respect to such matters under any such local Act: 35

Provided that—­(a) where the byelaws are made by or. under any

such local Act, references to the requirements of the local Act ' as to the procedure for making the byelaws shall be substituted for 40

[13.GEO. 5..] Housing,, M:, 11­

..' references to the requirements, of section one; A.-I)-.,l92s.-I , hundred and eighty-four of the Public Health. —

Act, 1875; and . (b) where the provisions to be superseded are

contained in a local Act, this section shall have effect as if those provisions were bye­laws of the local authority.

(4) This section shall not apply to the adminis­trative county of London.

10 15. Section fortv-four of the Housing, Town Amendment Planning, &c, Act, 1909, which enables the Minister to 0 ^ 4 * f

4

Act of 1909. revoke byelaws if satisfied that they unreasonably impede the erection of dwellings for the working classes within a borough or urban district shall have effect as if for the

15 words " is unreasonably impeded " there were substituted the words " is or is likely to be unreasonably impeded," and shall extend to cases where any building operations are so impeded or likely to be impeded as if for the words " dwellings for the working classes " there were

20 substituted the words " any buildings."

i PART II.

TOWN PLANNING, &C.

16. Any question which under subsection (4) of Determina­section fifty-eight of the Housing, Town Planning, &c. t l 0 n o f

25 Act, 1909, is to be determined by the arbitration of a single arbitrator appointed by the Minister shall be sation under determined by the arbitration of an official arbitrator town under and in accordance with the Acquisition of Land planning (Assessment of Compensation) Act, 1919. schemes.

30 17. The time within which councils of boroughs Extension and urban districts are required by section forty-six of o f t i m e f o r

the Housing, Town Planning, &c. Act, 1919, to prepare J ̂ ^ f 1 0 " and submit to the Minister town planning schemes shall p i a n n m [ r be extended to six years from the first day of January, schemes0

35 nineteen hundred and twenty-three, and accordingly subsection (1) of that section shall have effect as if for the words "three years" there substituted the words " six years."

5

10

15

20

25

30

35

40

12 Housing, &c. [13 GEO. 5.]

A.D. 1923. PART I I I .

. - AMENDMENTS OE THE SMALL DWELLINGS1 ACQUISITION ACTS.

Amend- 18.—The Small Dwellings Acquisition Act, 1899, A O T A Q T T - * effect subject to the following amendments :— s n a ^ n a v e

(a) An advance under that Act may be made to a person intending to construct a' house, and in such case the limitation in that Act requiring that the person to whom the advance is made must be resident in the house, shall be construed as requiring that the person should be a person intending to reside in the house when constructed:

(6) The limit on the market value of houses in respect of which advances maybe made under that Act shall be increased from eight hundred to [twelve hundred] pounds.

(c) The statutory condition requiring the proprietor of a house in respect of which an advance has been made to reside in the house shall have effect for a period of five years from the date when the advance is made, but no longer, and compliance with this condition may at any time be dispensed with by the local authority :

(d) The amount of an advance under that Act shall be such as the local authority may determine, and any restrictions on the amount which may be advanced in respect of any house by a local authority shall Cease to have effect:

(e) Where an advance is made in respect of a house in course of construction, the advance may be made by instalments from time to time as the building of the house progresses, so that the total advance does not at any time before the completion of the house exceed fifty per cent, of the value of the work done up to that time on the construction of the house including the value of the site thereof.

PART I V .

GENERAL.

Applioa- 1 9 . This Act shall apply to Scotland, subject to the tion to following modifications:— Scotland. (1) References to the Minister of Health in this Act,

except in section twelve, shall be construed as

[13 GEO. 5..] ; Housing, doc. ,1:3

references to the Scottish Board of Health, and the references to the Minister in section twelve .shall he construed as references to the sheriff.

(2) References to section one, section seven, section 5 nineteen, section twenty-eight and section forty­

six of the Housing, Town Planning, &c. Act, 1919, shall be construed as references to section one, sectionfive, section sixteen,section twenty­five and section thirty-two respectively of the

10 Housing, Town Planning, &c. (Scotland) Act, 1919.

(3) " Mortgage " or " mortgage deed " means bond and disposition in security, and " arbitrator " means arbiter.

15 (4) Subsection (4) of section one, section six, section seven, subsection (2) of section thirteen, and section fourteen shall not apply.

(5) Contributions may be made or undertaken to be made by the Scottish Board of Health with the

20 approval of the Treasury under section (2) of section one towards the expenses incurred by a local authority in carrying out a scheme under Part I I I . of the principal Act, so far as the scheme relates to the exercise by the authority

25 of powers conferred by subsection (1) of section eleven of the Housing, Town Planding, &c. (Scotland) Act, 1919, or so far as the scheme provides for rehousing persons displaced in consequence of closing or demolition orders or

30 alterations under said section eleven, and the provisions of said subsection (2) shall apply to the contributions towards the expenses aforesaid as they apply to contributions towards- the expenses mentioned in the subsection.

35 (6) Subsection (5) of section one shall have effect as if it includes amongst the sections thereby repealed section seven of the Housing, Town Planning, &c. (Scotland) Act, 1919.

(7) Section five shall not apply, and in lieu thereof 40 the following provision shall have effect:—

" Section fourteen of the Housing, Town Planning, &c. (Scotland) Act, 1919 (which relates to the powers of local authorities for

5

10

15

20

25

30

35

40

A.D. 1923. ' dealing with, land acquired or appropriated - for the purposes of Part III., of the principal

Act) shall have effect as if after the words 'sell ' in paragraph (c) of subsection ( 1 ) thereof the words ' lease or feu' were inserted, and subsection (2 ) of the said section shall be repealed."

(8 ) Section seventeen shall apply with the substi­tutution of the words " councils of burghs " and other local authorities are or may be " required " for the words " councils of boroughs " or urban districts are required."

( 9 ) Subsection ( 1 ) of section twenty shall not apply as respects the repeal of sections one and two of the Housing (Additional Powers) Act, 1919.

(10) Paragraph (c) of subsection (2 ) of section one of the Housing (Additional Powers) Act, 1919, shall have effect with respect to any house to which paragraph (a) of section one of the Housing (Scotland) Act, 1921, applies and the construction of which has been commenced prior to the passing of this Act as if the words " not exceeding four months " were omitted therefrom and as if the words " with the approval of the Treasury " were therein inserted before the words " in any special case."

(11 ) Subsection (2 ) of section twenty-five of the Housing, Town Planning, &c. (Scotland) Act, 1919, shall have effect as if the following words were therein substituted for the words from " and may recover the expenses " to the end of the subsection :—­

. , " Any expenses incurred by the local autho­. rity under this section may be recovered from

the owner ip a summary manner, together with interest at the prescribed rate, from the date of service of the demand to payment thereof. The local authority may by order declare any such expenses to be payable by monthly or annual instahnents within a period not exceeding thirty years, with interest at the prescribed rate from the date of service of notice of demand until the whole amount is paid, and any such instalments and

[13 GEO. 5.] Housing^ &c. 15

interest or any part, thereof may be re-. AJD. 1923, covered in a summary manner from the — owner or occupier, and if recovered from the occupier may be deducted by him from

5 the rent of such premises. Interest at the prescribed rate means interest at such rate as the Scottish Board of Health with the approval of the Treasury may from time to tim& by order direct."

10 (12) Section twenty-three of the Housing, Town Planning, &c. (Scotland) Act, 1919 (which relates to publication of details of progress in connection with approved schemes), shall have effect as if for the words " six months " wherever

15 . these words occur there were substituted the words "twelve months."

(13) Notwithstanding anything in any enactment a person shall not, by reason only of the fact that he occupies under any lease or agreement

20 with, or has purchased or agrees to purchase from a local authority within the meaning of Part I I I . of the principal Act a house belonging to such local authority, be disqualified for being nominated, elected, being or continuing a

25 member of such authority or of any committee thereof.

20.—(1) The enactments mentioned in the Schedule Repeals and to this Act are hereby repealed to the extent mentioned extent, in the third column of that Schedule.

30 ( 2 ) This Act shall not extend to Northern Ireland.

2 1 . - ( 1 ) This Act may be cited as the Housing, &c Short title. Act, 1923.

(2 ) The Housing Acts, 1890 to 1921, and Part I. of this Act, may be cited together as the Housing Acts,

35 1890 to 1923, and are in this Act referred to as the Housing Acts.

(3 ) The Housing (Scotland) Acts, 1890 to 1921, and Part I. of this Act as applied to Scotland, may be cited together as the Housing (Scotland) Acts, 1890 to 1923,

40 and are in this Act in its application to Scotland referred to as the Housing Acts.

48 C

A D . 1923' (4) The Town Planning Acts, 1909 and 1919, and — Part I I . of this Act may be cited together as the Town

Planning Acts, 1909 to 1923.

(5) The Town Planning (Scotland) Act, 1909 and 1919, and Part I I . of this Act as applied to Scotland, 5 may be cited together as the Town Planning (Scotland) Acts, 1909 to 1923.

(6) The Small Dwellings Acquisition Acts, 1899 and 1919, and Part I I I . of this Act, may be cited together as the Small Dwellings Acquisition Acts, 1899 to 1923. 10

(7) The Small Dwellings Acquisition (Scotland) Acts, 1899 and 1909, and Part I I I . of this Act as applied to Scotland, may be cited together as the Small Dwellings Acquisition (Scotland) Acts, 1899 to 1923.

17 [13 GEO. 5.J

Session and Ohapter.

53 & 54 Viet, o. 70.

10

15

20 62 & 63 Viet,

c. 44.

25

30 3 Edw. 7. o. 39.

9 Edw. 7. c. 44.

35 9&10 Geo. 5.

c. 35.

40

9 & 10 Geo. 5. o. 60. 45

48

Housing, &c.

S C H E D U L E .

ENACTMENTS REPEALED.

Short Title.

The Housing of the Working Classes Act, 1890.

The Small Dwellings Acquisi­tionAct, 1899.

The Housing of the Working Classes Act, 1903.

The Housing, Town Planning, &o. Act, 1909.

The Housing, Town Planning, &c. Act, 1919.

The Housing, Town Planning, &c. (Scotland) Act, 1919.

D

Extent of Repeal.

In section, seven paragraphs (c) and. (d).

Section twenty. Section twenty-four.. Subsection (7) of seo­

tion thirty-nine, Subsections (5) (7) (8);

(9) (10) and (11) of section forty-one.

Section, forty-nine. Paragraph (i) of sec­

tion sixty-five. The Second Schedule­

exeept paragraphs (10) and (12).

Subsection (1) of sec tion eighty.

In section, one the words from "any " advance shall " no t " to " the " ownership ; nor " and the word " a n d "

Subsection (1) of section thirteen.

Subsections (3) (4) (5) (6)- and (8). of sec­tion fifteen.

Section, thirty. Section seven. Proviso (d) to sub­

section (1) of sec­tion fifteen, and, subsection (2) of the same section.

Section nineteen. Section five. Subsection (2) of sec­

tion fourteen. Section sixteen.

A.D. 1923. Session and Short title.Chapter.

9& 10 Geo. 5. The Housing (Additional c. 99. PowersPowers)) ActAct,, 19191919..

l l&12Geo.5. ThThee HousinHousingg ActAct,, 19219211 -­c. 19.

Extent of Repeal.

Sections one and two, except so far as they relate to Scot­land.

Sections three and four.

Section one and seo­tion eight.

Housing, &c.

D U A P T

O F A.

B I L L To amend the enactments relating to

the Housing of the Working Classes (including the amendment and re­vocation of huilding byelaws), Town Planning and the Acquisition of Small Dwellings.

XL. (5.)

2St7t February 1923.

4 8 - 5