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provisions of the principal Act shall be deemed to be part of that Part of the principal Act in which the provisions superseded or amended are contained, and references in this Part of this Act to, the principal Act or to any provision of the principal Act shall be construed as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 provision 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 " has 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 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 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 ;
The expression " building byelaws " includes byelaws 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 drainage of new buildings and the laying out and construction of new streets, and any byelaws made with respect to such matters under any such local Act,
41 Application to London of certain provisions of the Housing Acts
(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 administrative county of London ;
(b) the council of a metropolitan borough shall be the local authority for the metropolitan borough, to the exclusion of any other authority, so far as regards the provision of houses within the metropolitan borough ;
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 satisfied that there is situate within the area of a metropolitan borough land suitable for development for housing, the county council may submit a scheme for the approval of the Local Government Board for the development of such land to meet the needs of districts situate outside the area of such borough, and the county council may carry into effect any scheme which 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 metropolitan borough.
(2) Any loss which may be incurred by the council of a metropolitan 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 incurred 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.
42 Removal of necessity to obtain previous authorisation of Local Government Board to preparation or adoption of town planning scheme
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 subsection (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 may by resolution decide—
(a) to prepare a town planning scheme with reference to any land within 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 authority 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 conferring with or without restrictions on any such committee any powers which the appointing councils might exercise 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 modifications, apply to any joint committee so appointed.
43 Extension of power to make regulations as to procedure
(1) The power of the Local Government Board of making regulations 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 provision shall be made by those regulations for securing that a local authority after passing such a resolution shall proceed with all reasonable speed with the preparation or adoption of the town planning scheme, and shall comply with any regulations as to steps to be taken for that purpose, including provisions 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) Subsection (2) of section 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 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.
44 Repeal of provisoes to ss.54 (4) and 55 (2) of 9 Edw.7 c.44
The proviso to subsection (4) of section fifty-four and the proviso to subsection (2) of section fifty-five of the Act of 1909 (which provisoes relate to the publication and laying before Parliament of town planning schemes) are hereby repealed.
45 Power to permit development of estates pending preparation and approval of town planning schemes
The Local Government Board may by special or general order provide that where a resolution to prepare or adopt a town planning 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 provisions of subsection (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 preparation 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.
(1) The council of every borough or other urban district containing 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 within 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 of 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 regulation is laid before it praying 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.
47 Power of Local Government Board to require town planning scheme
(1) Where 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 provisions 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 satisfaction 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 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.
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.
The following amendments shall be made in the Small Dwellings Acquisition Act, 1899:—
(a) In subsection (1) of section one " eight hundred pounds" shall be substituted for " four hundred pounds " as the limit on the market value of houses in respect of which advances may be made :
(b) In paragraph (a) subsection (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 subsection (1) of section one shall be repealed :
(d) A receipt under seal in the form set out in Part I. of the Fourth Schedule to this Act (with such variations and additions (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 from all principal 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.
(1) This Act may be cited as the Housing, Town Planning, &c. Act, 1919.
(2) The Housing of the Working Glasses Acts, 1890 to 1909, and this Act so far as it amends those Acts may be cited together as the Housing 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.
FIRST SCHEDULE Rules for Determining the Amount of Reduction of Compensation
Section 9.
The value of the whole of the land included in the scheme shall first be ascertained on the basis of its value as a cleared site available for development in accordance with the requirements of the building byelaws in force in the district.
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 rehousing of persons of the working-classes or the laying out of open spaces on the laud or any part thereof.
The difference between the amounts ascertained under paragraph (a) and paragraph (b) shall then be computed.
The amount by which the compensation payable for the respective interests 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
Section 39.
Enactment to be amended. | Nature of Amendment.
Housing of the Working Classes Act, 1890 (53 & 54 Vict. c. 70):
s. 5 (2) | 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. "
s. 6 (3) | For the words " the person entitled to the first " estate of freehold in any property comprised " in the scheme, or with the concurrence of " such person " there shall be substituted the words " any 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."
s. 12 (6) | 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 as may be sufficient to enable " him to carry out and effect the same."
s. 7 | After the words " the local authority shall" there shall be inserted the word " forthwith. "
s. 7 (a) | The words " during three consecutive weeks in the " month of September or October or November " shall be omitted. Substitute " a " for "some " one and the same."
s. 7 (b) | 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)."
s. 8 (5) | For the word "copy "there shall be substituted the word " notice. " The words " except tenants " for a month or a less period than a month " shall be omitted.
s. 12(1) | 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."
s. 14 | The whole section shall be omitted.
s. 16 (1) | For 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 any person or persons competent " under the foregoing provisions of this part of " this Act to make such complaint," and for the word " ratepayers" there shall be substituted the words " complainant or complainants, as the " case may be."
For the words from "and upon" to "the con" firming authority shall " there shall be substituted the words " and the confirming authority " may."
s. 31 (1) | For 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.
s. 31 (2) | Before the word " householders " there shall be inserted the words " justice of the peace or "
s. 38 (2) | 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, or "
s. 45 (1) | After the words " where the medical officer of " health " there shall be inserted the words " inspector of nuisances or other officer of the " district authority."
s. 57 (3) | The words " if not a rural sanitary authority " and the words " and if a rural. sanitary authority " with the consent of the county council of the " county in which the land is situate " shall be omitted.
s. 81 | The word " or " shall be inserted before the words " to make any rate. " The words " out of 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 appointing local authority, " and shall. "
First Schedule | For the words "The Commissioners of Sewers" there shall be substituted " The Common " Council," and for the words " The sewer rate " and the consolidated rate levied by such Com" missioners, or either of such rates," there shall be substituted the words " The General " Rate."
Second Schedule—
Paragraph (1) | For the words " as soon as practicable after the " passing of the confirming Act" there shall be substituted the words " before making an " application for the appointment of an arbitrator as hereinafter mentioned."
After the word "occupiers '"there shall be inserted the words '' except tenants for a month or a less " period than a month. "
Paragraph (4) | For the words " has not been " there shall be substituted the words " is not. "
Paragraph (6) | 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 therein, 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 reason" ably ascertained."
Paragraph (7) | The words from " shall ascertain " to " willing to " pay; and" shall be omitted, and for the words " he shall proceed " there shall be substituted the words " shall proceed. "
Paragraph (8) | The words " by causing such notice to be published " or otherwise in such manner as he thinks " advisable " and the words " in disputed cases " as to the amount of compensation to be paid " shall be omitted.
Paragraph (9) | The words "(subject to the provisions concerning " an appeal hereinafter contained) " shall be omitted.
Paragraph (10) | 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 " case of a person claiming a fee simple interest " in any lands included in any such award as " aforesaid shall commence twenty years pre" vious 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. 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 " 'hereinbefore mentioned."
Paragraph (12) | The words from " The local authority, or any " person interested " to the end of the paragraph shall be omitted.
Paragraph (14) | 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."
Paragraphs (22), (26) and (27). | These paragraphs shall be omitted.
Paragraph (29) (1) (c). | For the words " before the appointment of the " arbitrator " there shall be substituted the words " not less than 14 days before the date of the " arbitration in that particular case."
Paragraph (30) | After the word "documents" there shall be inserted the words " other than any formal " offer made by the local authority."
Paragraph (32) | Substitute " a " for " someone and the same."
Housing of the Working Classes Act, 1903 (3 Edw. 7. c. 39):
s, 4 (2) | For the word " twelve " in both places where the word " twelve " occurs there shall be substituted the word " six. "
Housing, Town Planning, &c. Act, 1909 (9 Edw. 7. c. 44):
s. 17 (3) | For the word "order." where it last occurs, shal be substituted the word " notice. "
s. 17 (4) | For the words " every occupying tenant' shall be substituted the words " the occupier. "
s. 17 (7) | 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."
s. 18 (3) | At the end the following words shall be inserted : " and if and when the necessary works are " completed to their satisfaction, the local " authority shall determine the closing and " demolition orders relating to the dwelling" house."
s. 18 (4) | For the word " order," where it last occurs, shall shall be substituted the word " notice " ; and at the end of the subsection the following words shal, be inserted: " or where the operation of the " order has been postponed for any period within " fourteen days after the expiration of that " period."
s. 39 (1) | At the end of the proviso (b) the following words shall be inserted: " unless the appellant fails to " prosecute his appeal with due diligence."
s. 69 (1) | For the words " or information " shall be substituted the words " information or closing order. "
THIRD SCHEDULE Minor and Consequential Amendments of the Provisions as to Town Planning
Section 48.
Enactment to be amended. | Nature of Amendment.
Housing, Town Planning, &c. Act, 1909 (9 Edw. 7. c. 44):
Section 54 | At the end of subsection (1) the following proviso 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 planning scheme made with respect to the last-mentioned land, the scheme may include such piece of land as aforesaid, and may provide for the demolition or alteration of any buildings thei-eon so far as may be necessary for carrying the scheme into effect.
Subsection (3) shall be omitted.
Section 56 | In subsection (1) for the words " applications for " authority to prepare or adopt a town planning " scheme, the preparation of the scheme " there shall be substituted the words " the preparation " or 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 variation or revocation of the scheme."
In paragraph (a) of subsection (2) for the words " at every stage of the proceedings, by means of " conferences and such other means " there shall be substituted the words " by such means. "
Section 58 | In subsection (2) for the words " time at which the " application for authority to prepare the scheme " 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 as 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."
Section 59 | In subsection (2) the words " with a view to " securing the amenity of the area included in " the scheme or any part thereof" shall be omitted.
Section 65 | In subsection (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."
Fourth Schedule | In paragraph (18) the words " by means of " conferences, &c." shall be omitted.
Fifth Schedule | In paragraph (1) for the words " and for the " purpose of an application for authority to " prepare or adopt " there shall be substituted the words " the preparation or adoption of, " and for the words " Submission of plans and " estimates" there shall be substituted the words " Preparation and deposit of plans. "
Section 49.
PART I Form of Endorsed Receipt
PART II Effect of Endorsed Receipt
Any such receipt shall operate—
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 effect 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 ;
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 that (except as hereinafter mentioned) where, by the receipt, the money appears to have been paid by a person who is not entitled to the immediate 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 whore the mortgage is paid off out of capital money, or other money in the hands of a personal 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.
Nothing in this schedule shall confer on a mortgagor a right to keep alive a mortgage, paid off by him, so as to affect prejudicially any subsequent incumbrancer ; and where there is no right to keep the mortgage alive, the receipt shall not operate as a transfer.
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.
Where a mortgage consists of a mortgage and a further charge or of more than one deed, 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 money thereby secured and is endorsed on, written at the foot of, or annexed to, one of the mortgage deeds.
In this schedule the expressions " mortgage " " mortgage money " " mortgagor" and " mortgagee" have the same meanings as in the Conveyancing Act, 1881.
Section 50.
Session and Chapter. | Short Title. | Extent of Repeal.
53 & 54 Vict. c. 70. | The Housing of the Working Classes Act, 1890. | Sections fourteen, sixty and sixty-four and subsection (2) of section fifty-seven.
63 & 64 Vict. c. 59. | The Housing of the Working Classes Act, 1900. | Section five.
3 Edw. 7. c. 39 | The Housing of the Working Classes Act, 1903. | Subsection (1) of section five.
9 Edw. 7. c. 44 | The Housing, Town Planning, &c. Act, 1909. | Subsection (2) of section four, sections six, sixteen, thirty-two and seventy-two and in the First Schedule the paragraph numbered (7).