SEVENTH SCHEDULE Compulsory Purchase of Land under Part V
Section 97.
1 (1) The Acquisition of Land (Authorisation Procedure) Act, 1946, shall apply to a compulsory purchase of land under Part V of this Act as if this Act had been in force immediately before the commencement of that Act, but that Act and the enactments applied by that Act shall have effect subject to the provisions of this Act.
(2) In the case of a compulsory purchase of land under Part V of this Act section one hundred and thirty-three of the Lands Clauses Consolidation Act, 1845 (which relates to promoters making good deficiencies in rates), shall not apply.
(3) Any compensation payable in pursuance of a compulsory purchase under Part V of this Act by a local authority in respect of any lands, estate or interest of another local authority which would, but for this sub-paragraph, be paid into court in manner provided by the Lands Clauses Acts, may, if the Minister consents, instead of being paid into court, be paid and applied as the Minister may determine.
A decision of the Minister under this sub-paragraph shall be final and conclusive.
2 (1) In the case of a compulsory purchase under Part V of this Act compensation shall be assessed subject to observance of the rules set out in this paragraph.
(2) If the tribunal by whom the compensation is to be assessed are satisfied with respect to any premises that the rental thereof was enhanced by reason of their being used for illegal purposes, or being overcrowded within the meaning of Part IV of this Act, the compensation in respect of the land shall, so far as it is based on rental, be based on the rental which would have been obtainable if the premises were occupied for legal purposes and were not so overcrowded.
(3) If the tribunal are satisfied that any premises are in a state of defective sanitation, or are not in reasonably good repair, the compensation shall be the estimated value of the premises if put into a sanitary condition, or reasonably good repair, less the estimated expense of putting them into such condition or repair.
(4) The local authority may tender evidence as to the matters aforesaid, notwithstanding that they have not taken any steps with a view to remedying the defects or evils disclosed by the evidence, but before tendering evidence as to sanitation or repair, the authority shall furnish to the tribunal and to the claimant a statement in writing of the respects in which the premises are alleged to be so defective.
(5) The tribunal shall have regard to and make an allowance in respect of any increased value which, in their opinion, will be given to other premises of the same owner by the demolition by the local authority of any buildings.
(6) The tribunal shall embody in their award a statement showing separately whether compensation has been reduced by reference to the use of the premises for illegal purposes, to overcrowding and to the considerations mentioned in sub-paragraph (3) of this paragraph, and the amount, if any, by which compensation has been reduced by reference to each of those matters.
Section 138.
1 Local bonds shall—
(a) be secured upon all the rates, property and revenues of the local authority ;
(b) bear interest at such rate as the local authority may determine at the time of the issue of the bonds ;
(c) be issued in denominations of five, ten, twenty, fifty, and one hundred pounds and multiples of hundred pounds ;
(d) be issued for periods of not less than five years.
2 Local bonds shall be exempt from stamp duty under the Stamp Act, 1891, and no duty shall be chargeable under section eight of the Finance Act, 1899, as amended by any subsequent enactment in respect of the issue of any such bonds
3 The provisions of section one hundred and fifteen of the Stamp Act, 1891 (which relates to composition for stamp duty), shall, with the necessary adaptations, apply in the case of any local authority by whom local bonds are issued as if those bonds were stock or funded debt of the authority within the meaning of that section.
4 A local authority shall, in the case of any person who is the registered holder of local bonds issued by that authority of a nominal amount not exceeding in the aggregate one hundred pounds, pay the interest on the bonds held by that person without deduction of income tax, but any such interest shall be accounted for and charged to income tax under the third case of Schedule D, subject, however, to any provision of the enactments relating to income tax with respect to exemption or abatement.
5 Local bonds issued by a local authority shall be accepted by that authority at their nominal value in payment of the purchase price of any house erected by or on behalf of any local authority in pursuance of operations under this Act.
6 The Minister may, with the approval of the Treasury, by statutory instrument make regulations with respect to the issue (including terms of issue), transfer and redemption of local bonds and the security therefor, and any such regulations may apply, with or without modifications, any provisions of the Local Loans Act, 1875, and the Acts amending that Act, and of any Act relating to securities issued by the London County Council or by any other local or public body.
7 For the purposes of this Schedule the expression " local authority " includes a county council.
Sections 49, 144.
1 If in the administrative county of London or in any borough or urban district, or in any parish in a rural district, the undertakers have power to take under the enabling Act dwellings occupied by thirty or more persons, the undertakers shall not enter on any such dwellings in that county, borough, urban district, or parish, until the Minister has either approved of a housing scheme under this Schedule or has decided that such a scheme is not necessary.
For the purpose of determining for the purposes of this Schedule, the number of persons by whom any dwellings are occupied, any occupation on or after the fifteenth day of December next before the passing of the enabling Act, or, in the case of land acquired compulsorily under a general Act without the authority of an order, next before the date of the application to the Minister under this Schedule, for his approval of or decision with respect to a housing scheme, shall be taken into consideration.
2 The housing scheme shall make provision for the accommodation of such number of persons as is, in the opinion of the Minister, taking into account all the circumstances, required, but that number shall not exceed the aggregate number of persons displaced ; and in calculating that number the Minister shall take into consideration not only the persons who are occupying the dwellings which the undertakers have power to take, but also any persons who, in the opinion of the Minister, have been displaced within the previous five years in view of the acquisition of land by the undertakers.
3 (1) Provision may be made by the housing scheme for giving undertakers who are a local authority, or who have not sufficient powers for the purpose, power for the purpose of the scheme to appropriate land or to acquire land, either by agreement or compulsorily under the authority of a Provisional Order, and for giving any local authority power to erect dwellings on land so appropriated or acquired by them, and to sell or dispose of any such dwellings, and to raise money for the purpose of the scheme as for the purposes of Part V of this Act, and for regulating the application of any money arising from the sale or disposal of the dwellings ; and any provisions so made shall have effect as if they had been enacted in an Act of Parliament.
(2) For the purposes of the Acquisition of Land (Authorisation Procedure) Act, 1946, this paragraph shall be deemed to have been in force immediately before the commencement of that Act, and for the purposes of subsection (3) of section eight of the Statutory Orders (Special Procedure) Act, 1945, this paragraph shall be deemed to be an enactment passed before that Act.
4 The housing scheme shall provide that any land acquired under the scheme shall, for a period of twenty-five years from the date of the scheme, be appropriated for the purpose of dwellings, except so far as the Minister may dispense with such appropriation; and every conveyance, demise, or lease of any such land shall be endorsed with notice of tin's provision, and the Minister may require the insertion in the scheme of any provision with respect to the standards of the houses that are to be erected under the scheme, or any conditions to be complied with as to the mode in which the houses are to be erected.
5 If the Minister does not hold a local inquiry with reference to a housing scheme, he shall, before approving the scheme, send a copy of the draft scheme to every local authority, and shall consider any representation by any such authority made within the time fixed by him.
6 The Minister may, as a condition of his approval of a housing scheme, require that the new dwellings under the scheme, or some part of them, shall be completed and fit for occupation before possession is taken of any dwellings under the enabling Act.
7 Before approving any scheme the Minister may, if he thinks fit, require the undertakers to give such security as the Minister considers proper for carrying the scheme into effect.
8 If the undertakers enter on any dwellings in contravention of the provisions of this Schedule, or of any conditions of approval of the housing scheme made by the Minister, they shall be liable to a penalty not exceeding five hundred pounds in respect of every such dwelling.
Any such penalty shall be recoverable by the Minister by action in the High Court, and shall be carried to and form part of the Consolidated Fund.
9 If the undertakers fail to carry out any provision of the housing scheme, the Minister may make such order as he may think necessary or proper for the purpose of compelling them to carry out that provision, and any such order may be enforced by order of mandamus.
10 The Minister may, on the application of the undertakers, modify any housing scheme which has been approved by him under this Schedule, and any modifications so made shall take effect as part of the scheme.
11 For the purposes of this Schedule—
(a) the expression " undertakers " means any authority, company, or person who are acquiring land compulsorily or by agreement under any local Act or Provisional Order or order having the effect of an Act, or are acquiring land compulsorily under any general Act;
(b) the expression " enabling Act" means any Act of Parliament or Order under which the land is acquired ;
(c) the expression " local authority" means, as respects England and Wales other than the administrative county of London, the council of any county, borough, urban district or rural district, as respects the City of London, the Common Council, and, as respects the administrative county of London other than the City of London, the council of any metropolitan borough, in which in any case any houses in respect of which the re-housing scheme is made are situated ;
(d) the expression " dwelling " or " house " means any house or part of a house occupied as a separate dwelling.
TENTH SCHEDULE Adaptation of References to Enactments in Housing Acts
Section 190.
The Local Government Act, 1933
(23 & 24 Geo. 5 c. 51)
1 In paragraph (c) of section two hundred and seventeen the references to section eighty-seven of the Housing Act, 1925, shall include references to section one hundred and twenty-two of the Housing Act, 1936, and to section one hundred and thirty-eight of this Act.
2 In the Seventh Schedule for the reference to the Housing Acts, 1925 and 1930, there shall be substituted a reference to this Act.
3 In the Eighth Schedule the references to the Housing Acts, 1925 and 1930, shall include references to the Housing Act, 1936, and to the provisions of this Act with the exception of section one hundred.
The County Courts Act, 1934
(24 & 25 Geo. 5 c. 53)
In paragraph (c) of subsection (1) of section ninety-one for the reference to appeals under section twenty-two of the Housing Act, 1930, there shall be substituted a reference to any appeal to a county court under this Act.
The London Government Act, 1939
(2 & 3 Geo. 6 c. 40)
1 In subsection (1) of section one hundred and thirty-four, in the proviso, the references to the Housing Acts, 1936 and 1938, shall include references to this Act.
2 In the Fifth Schedule for the reference to the Housing Acts, 1936 and 1938, there shall be substituted a reference to this Act.
The Town and Country Planning Act, 1944
(7 & 8 Geo. 6 c. 47)
1 In subsection (2) of section thirty the reference to section one hundred and thirty-seven of the Housing Act, 1936, shall be taken as a reference to section one hundred and forty-four of this Act.
2 (1) In paragraph 9 of the Fifth Schedule the reference in sub-paragraph (4) to section forty-two of the Housing Act, 1936, shall be taken as a reference to section sixty of this Act and the reference to Part III of that Act shall be taken as a reference to Part III of this Act.
(2) In sub-paragraph (5) of the said paragraph 9 the reference to the Housing Act, 1936, shall be taken as a reference to this Act and the reference to sections one hundred and fifty-seven and one hundred and fifty-eight of that Act shall be taken as a reference to sections one hundred and fifty-nine and one hundred and sixty of this Act.
The Housing Repairs and Rents Act, 1954
(2 & 3 Eliz. 2 c. 53)
In paragraph (a) of subsection (2) of section thirty-three the reference to section ninety-four of the Housing Act, 1936, shall include a reference to section one hundred and twenty of this Act and in subsections (1) and (9) of that section a reference to the Housing Act, 1936, shall be taken as a reference to this Act.
The Requisitioned Houses and Housing (Amendment) Act, 1955
(3 & 4 Eliz. 2 c. 24)
In subsection (2) of section thirteen the reference to sections one hundred and sixty-six and one hundred and sixty-seven of the Housing Act, 1936, shall be taken as a reference to section one hundred and sixty-eight and subsection (1) of section one hundred and sixty-nine of this Act.
The Rent Act, 1957
(5 & 6 Eliz. 2 c. 25)
In subsection (1) of section twenty the reference to section three of the Housing Act, 1952, shall include a reference to section one hundred and four of this Act.
Section 191.
Session and Chapter | Short Title | Extent of Repeal
14 & 15 Geo. 5. c. 35. | The Housing (Financial Provisions) Act, 1924. | In section fourteen, subsection (1).
21 & 22 Geo. 5. c. 39. | The Housing (Rural Authorities) Act, 1931. | Sections two and three.
25 & 26 Geo. 5. c. 40. | The Housing Act, 1935. | Section sixty-two.
26 Geo. 5 and 1 Edw. 8. c. 51. | The Housing Act, 1936. | Parts I to IV.
In Part V— Sections seventy-one to eighty-five. Section eighty-six except so far as it relates to exchequer contributions. Sections eighty-seven and eighty-eight. In section eighty-nine, subsection (1) and in subsection (2) the words from the beginning to the words " think proper ". Section ninety-three. In section ninety-four, subsections (1), (2), (5) and (6). Section ninety-five to the end of Part V.
In Part VI— Sections one hundred and sixteen to one hundred and eighteen. Section one hundred and nineteen except as applied by section forty-seven of the Housing Act, 1949. Sections one hundred and twenty and one hundred and twenty-one. Sections one hundred and twenty-two to one hundred and twenty-four except as applied by section forty-seven of the Housing Act, 1949. Sections one hundred and twenty-six and one hundred and twenty-seven.
In Part VII— Sections one hundred and thirty-five to one hundred and fifty-two. Sections one hundred and fifty-four to one hundred and sixty-eight. Section one hundred and seventy-five. In section one hundred and seventy-eight, subsection (2) Section one hundred and seventy nine. Section one hundred and eighty-one to the end of Part VII.
In Part VIII— Section one hundred and eighty-seven.
The First, Second, Third, Fourth and Fifth Schedules.
The Ninth Schedule.
The Eleventh Schedule.
1 & 2 Geo. 6. c. 16. | The Housing (Financial Provisions) Act, 1938. | In section two, subsection (2).
8 & 9 Geo. 6. c. 18. | The Local Authorities Loans Act, 1945. | In section six, paragraph (c).
9 & 10 Geo. 6. c. 48. | The Housing (Financial and Miscellaneous Provisions) Act, 1946. | In section nineteen, subsections (1) and (2).
Section twenty-two.
9 & 10 Geo. 6. c. 49. | The Acquisition of Land (Authorisation Procedure) Act, 1946. | In section one, paragraph (b) of subsection (4).
In Part I of the Second Schedule the words "in the case of a purchase under the Housing Act, 1936, and " and the word " other " in sub-paragraph (b) of paragraph 2.
In the Fourth Schedule the amendments of the Housing Act, 1936.
12, 13 & 14 Geo. 6. c. 60. | The Housing Act, 1949. | Sections two and three.
Sections six to fourteen.
In section thirty-one, subsections (1) and (2).
15 & 16 Geo. 6. & 1 Eliz. 2. c. 17. | The Industrial and Provident Societies Act, 1952. | In section one, in subsection (1), paragraph (d).
15 & 16 Geo. 6. & 1 Eliz. 2. c. 53. | The Housing Act, 1952 | In section three, subsections (1), (2), (3) and (4).
Sections four and five.
1 & 2 Eliz. 2. c. 26. | The Local Government (Miscellaneous Provisions) Act, 1953. | Sections ten and eleven.
1 & 2 Eliz. 2. c. xliii. | The London County Council (General Powers) Act, 1953. | Section forty.
2 & 3 Eliz. 2. c. 8. | The Electoral Registers Act, 1953. | In the list at the end of the Schedule the words " the Housing Act, 1936 ".
2 & 3 Eliz. 2. c. 53. | The Housing Repairs and Rents Act, 1954. | Section one.
In section two, subsections (1), (2), (4) and (5) and, except so far as it amends section seven of that Act, subsection (3).
Sections three to six.
Section nine except as applied by paragraph 11 of the Second Schedule to the Housing Act, 1949.
Sections ten to fourteen.
Sections twenty and twenty-one.
In section twenty-two, subsections (2) and (3).
In section thirty-three, subsection (7).
In section fifty, in subsection (2). paragraphs (a) and (b).
The First Schedule.
4 & 5 Eliz. 2. c. 33. | The Housing Subsidies Act, 1956. | In section twelve, subsection (5).
In the First Schedule, paragraph 9 so far as it amends subsection (1) of section nineteen of the Housing (Financial and Miscellaneous Provisions) Act, 1946.
4 & 5 Eliz. 2. c. 57. | The Slum Clearance (Compensation) Act, 1956. | Section one as it applies to a house purchased compulsorily under the powers contained in this Act, and in subsection (1) the words from " or vacated " to " closing order" and the words " or, as the case may be, vacated ", in subsection (2) the words'" or in pursuance of a clearance order, demolition order or closing order " and the words from " and, in the case " to the end of the subsection, in subsection (3) the words " or, as the case may be, vacated ", in subsection (4) the words " or, as the case may be, vacated ", paragraph (b) and the words " in either case ".
Section two as it applies to a house purchased compulsorily under the powers contained in this Act, and in subsection (1) the words " or vacated in pursuance of a clearance order or demolition order ".
Section three.
In section four, subsection (1), and in subsection (2), the definitions of "clearance order", " closing order ", " demolition order ", and in the definition of " material period " paragraphs (a), (c), (d) and (e) and in paragraph (b) the words from " a house authorised " to " so fit, or ".
In section six, in subsection (1), the words from " and shall " to the end of the subsection.
5 & 6 Eliz. 2. c. 25. | The Rent Act, 1957 | In the Sixth Schedule, paragraph 22.
Table of Statutes referred to in this Act
Short Title | Session and Chapter
Small Tenements Recovery Act, 1838 | 1 & 2 Vict. c. 74.
Lands Clauses Consolidation Act, 1845 | 8 & 9 Vict. c. 18.
Railways Clauses Consolidation Act, 1845 | 8 & 9 Vict. c. 20.
Public Health Act, 1875 | 38 & 39 Vict. c. 55.
Local Loans Act, 1875 | 38 & 39 Vict. c. 83.
Summary Jurisdiction Act, 1879 | 42 & 43 Vict. c. 49.
Yorkshire Registries Act, 1884 | 47 & 48 Vict. c. 54.
Mortmain and Charitable Uses Act, 1888 | 51 & 52 Vict. c. 42.
Interpretation Act, 1889 | 52 & 53 Vict. c. 63.
Housing of the Working Classes Act, 1890 | 53 & 54 Vict. c. 70.
Stamp Act, 1891. | 54 & 55 Vict. c. 39.
Brine Pumping (Compensation for Subsidence) Act, 1891 | 54 & 55 Vict. c. 40.
Industrial and Provident Societies Act, 1893 | 56 & 57 Vict. c. 39.
Local Government Act, 1894 | 56 & 57 Vict. c. 73.
Finance Act, 1899 | 62 & 63 Vict. c. 9.
New Forest (Sale of Land for Public Purposes) Act, 1902 | 2 Edw. 7. c. cxcviii.
Housing, Town Planning &c. Act, 1919 | 9 & 10 Geo. 5. c. 35.
Acquisition of Land (Assessment of Compensation) Act, 1919 | 9 & 10 Geo. 5. c. 57.
Mines (Working Facilities and Support) Act, 1923 | 13 & 14 Geo. 5. c. 20.
Housing Act, 1925 | 15 & 16 Geo. 5. c. 14.
Trustee Act, 1925 | 15 & 16 Geo. 5. c. 19.
Law of Property Act, 1925 | 15 & 16 Geo. 5. c. 20.
Land Charges Act, 1925 | 15 & 16 Geo. 5. c. 22.
Rating and Valuation Act, 1925 | 15 & 16 Geo. 5. c. 90.
Housing (Rural Workers) Act, 1926 | 16 & 17 Geo. 5. c. 56.
Rating and Valuation (Apportionment) Act, 1928 | 18 & 19 Geo. 5. c. 44.
Housing Act, 1930 | 20 & 21 Geo. 5. c. 39.
Rent and Mortgage Interest Restrictions (Amendment) Act, 1933 | 23 & 24 Geo. 5. c. 32.
Local Government Act, 1933 | 23 & 24 Geo. 5. c. 51.
County Courts Act, 1934 | 24 & 25 Geo. 5. c. 53.
Housing Act, 1935 | 25 & 26 Geo. 5. c. 40.
Public Health Act, 1936 | 26 Geo. 5. & 1 Edw. 8. c. 49.
Public Health (London) Act, 1936 | 26 Geo. 5. & 1 Edw. 8. c. 50.
Housing Act, 1936 | 26 Geo. 5. & 1 Edw. 8. c. 51.
Housing (Financial Provisions) Act, 1938 | 1 & 2 Geo. 6. c. 16.
Hire Purchase Act, 1938 | 1 & 2 Geo. 6. c. 53.
London Government Act, 1939 | 2 & 3 Geo. 6. c. 40.
Education Act, 1944 | 7 & 8 Geo. 6. c. 31.
Town and Country Planning Act, 1944 | 7 & 8 Geo. 6. c. 47.
Statutory Orders (Special Procedure) Act, 1945 | 9 & 10 Geo. 6. c. 18.
Building Materials and Housing Act, 1945 | 9 & 10 Geo. 6. c. 20.
Housing (Financial and Miscellaneous Provisions) Act, 1946 | 9 & 10 Geo. 6. c. 48.
Acquisition of Land (Authorisation Procedure) Act, 1946 | 9 & 10 Geo. 6. c. 49.
New Towns Act, 1946 | 9 & 10 Geo. 6. c. 68.
Agriculture Act, 1947 | 10 & 11 Geo. 6. c. 48.
Town and Country Planning Act, 1947 | 10 & 11 Geo. 6. c. 51.
Agricultural Wages Act, 1948 | 11 & 12 Geo. 6. c. 47.
Housing Act, 1949 | 12, 13 & 14 Geo. 6. c. 60.
Representation of the People Act, 1949 | 12, 13 & 14 Geo. 6.c. 68.
Housing Act, 1952 | 15 & 16 Geo. 6. & 1 Eliz. 2. c. 53.
Magistrates' Courts Act, 1952 | 15 & 16 Geo. 6. & 1 Eliz. 2. c. 55.
Local Government (Miscellaneous Provisions) Act, 1953 | 1 & 2 Eliz. 2. c. 26.
Licensing Act, 1953 | 1 & 2 Eliz. 2. c. 46.
Electoral Registers Act, 1953 | 2 & 3 Eliz. 2. c. 8.
Housing Repairs and Rents Act, 1954 | 2 & 3 Eliz. 2. c. 53.
Town and Country Planning Act, 1954 | 2 & 3 Eliz. 2. c. 72.
Requisitioned Houses and Housing (Amendment) Act, 1955 | 3 & 4 Eliz. 2. c. 24.
London County Council (Loans) Act, 1955 | 4 & 5 Eliz. 2. c. xxvi.
Housing Subsidies Act, 1956 | 4 & 5 Eliz. 2. c. 33.
Rent Act, 1957 | 5 & 6 Eliz. 2. c. 25.