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THIS DOCUMENT 13 THE PROPERTY OP HIS BRI2BJ-THI0 MAJESTY ^ GOVERNMENT,
1
CABINET.
SECRET
COPY HQ
C P . 1 1 0 ( 8 5 ) . .
........... . ....
HOME jAFFAIRS
CQMmlTTBS.
THE HOUSING B I L L .
Note by the M i n i s t e r of Health..
I
circulate a draft
together w i t h an
The Housing
explanatory Memorandum.
A..G.
February 19th, 1923,
of
BOSCAVffiN.
Bill
HOUSING
BILL.
g
A. General Scheme o f t h e
i
1. The p r i n c i p a l
( a ) To get r i d
State for
objects
Bill.
of this. B i l l
are.:­
of the unlimited l i a b i l i t y
o f the
a l l l o s s e s exceeding t h e produce of I d . r a t e on
housing schemes and slum improvement schemes c a r r i e d out
by Local A u t h o r i t i e s , which i s imposed by the Housing,
Town Planning,. &o , Act 1919.
( b ) To enable the S t a t e
assist
for
a limited
the p r o v i s i o n of working c l a s s houaea o f
period
to
small
type by p r i v a t e e n t e r p r i s e or by L o c a l A u t h o r i t i e s , by means
of a grant of a f i x e d annual s u b s i d y per house f o r a
term of y e a r s , paid through the Local
Authorities,
( c l To encourage the b u i l d i n g
of
other
working
c l a s s houses by enabling t h e Local A u t h o r i t i e s t o provide
credit f a c i l i t i e s
for
builderso
( d ) To make s i m p l i f i c a t i o n s . i n
the Small Dwellings
A c q u i s i t i o n Act.1899 (which was d e s i g n e d t o encourage
owner-occupiership)
with a view t o e x t e n d i n g t h e
operations
under t t a t Ac t.,
(e)
As r e g a r d s
statutory provision f o r
slum improvement schemes to make
the a d m i n i s t r a t i o n of the g r a n t ,
not exceeding £200,000 a year which has been promised
by the Government towards t h e annual
by Local, A u t h o r i t i e s
in carrying
leases, incurred
out such, schemes.
This l i m i t e d annual S t a t e c o n t r i b u t i o n w i l l
supersede
the l i a b i l i t y , t o which the S t a t e was s u b j e c t under the
Act of 1919, f o r a l l
l o s s e s on slum, improvement
schemes
where Local A u t h o r i t i e s were a l r e a d y committed t o
expenditure' on Housing schemes under that Act
a charge equivalent t o a I d .
involving
rate.
/As
As regards the s u b s i d i e s f o r house b u i l d i n g the
genei'al
of
intention is that these
should apply only t o houses
the smallest t y p e , being the houses which"unaided
private enterprise
t o coire,. and t h a t
i s not l i k e l y to undertake f o r
the s u b s i d i e s s h a l l only be
some time
available
f o r houses b u i l t w i t h i n the period up to the terra.nation of
the Rent R e s t r i c t i o n A c t .
The subsidy w i l l be adjusted so that i t amounts
approximately to one h a l f
the estimated annual l o s s
houses equated over a period of say 20 y e a r s .
i s s t i l l being, negotiated with the l o c a l
on such
The
figure
authorities.
The
State c o n t r i b u t i o n w i l l be the same whether the houses are
b u i l t by p r i v a t e e n t e r p r i s e
or by the Local A u t h o r i t i e s
and the Local A u t h o r i t i e s w i l l have f u l l
for
any l o s s
financial
responsibility
in excess of the State grant on houses b u i l t by
themselves and for payments made to p r i v a t e b u i l d e r s
of
the State c o n t r i b u t i o n ,
a v a i l a b l e on the - same b a s i s
While the State grant w i l l be
for houses b u i l t by private
e n t e r p r i s e o r . b y the Local A u t h o r i t i e s
it
is intended that
Local A u t h o r i t i e s
should make b u i l d i n g s by private
tiie . f i r s t l i n e of
attack.
In addition to the p r i n c i p a l objects
above the B i l l contains a number of provisions
difficulties
and s i m p l i f y i n g
in excess
procedure
enterprise
outlined
for
removing
in. connection
w i t h house b u i l d i n g and d e a l i n g with slums and u n s a t i s f a c t o r y
houses.
The proposals for g e t t i n g r i d of obsolete
bye-laws
and modifying bye-laws as t o s t r e e t s so as to a s s i s t e s t a t e
development may be
s p e c i a l l y mentioned.
U. C l a u s e s o f the. B i l l "
-
2 . Clause^JU
The general intention o f t h i s
clause providing
for
Government subsidy has a l r e a d y been described.
Sub-Clause
1./
Sub-Clause 1.
The conditions to be made by tho
M i n i s t e r w i l l comprise maximum and minimum s i z e s of
houses to which grant w i l l a p p l y , minimum s p e c i f i c a t i o n
and machinery in connection w i t h the g r a n t ,
e.g,,
audit,
Sub-Clause 2 .
The grant for
slums i s intended to
be administered on the b a s i s of securing a c o n t r i b u t i o n
from the l o c a l authority at l e a s t
State c o n t r i b u t i o n .
equivalent t o the
Itt connection w i t h any scheme
an estimate w i l l be made of the average annual
loss.
The s t a t e ' s maximum annual c o n t r i b u t i o n w i l l be
f i x e d at one-half t h i s
Sub^Clause 5,,
This
estimate^
i s t o provide that l o c a l
authorities
and pirivate persons s h a l l not be damnified by reason
of having proceeded in a n t i c i p a t i o n of the passing of
the A c t .
Sub-Clause^ 5 ,
Repeals the l i a b i l i t y
of t h e State
( a ) t o contribute t o l o s s e s of l o c a l a u t h o r i t i e s
excess of I d . r a t e ,
in
( b ) t o make grants of parts of the
charges on loans r a i s e d by p u b l i c
Utility
or by County Councils for housing t h e i r
Societies
employees.
The p o s i t i o n as regards anything a l r e a d y done under
the sections governing these matters Is
3
'
safeguarded..
Clauqo S,
Thi3 clause a p p l i e s t o houses b u i l t by p r i v a t e
e n t e r p r i s e to which the Exchequer Grant w i l l be a p p l i c a b l e .
Local a u t h o r i t i e s may adopt any or a l l of the
f o l l o w i n g methods:-,
The a u t h o r i t i e s
( a ) Make c a p i t a l grants t o b u i l d e r s .
are empowered to borrow to provide the
funds for these g r a n t s .
The State annual
contribution
vfill be a v a i l a b l e to meet part of the annual charge on
the loans r a i s e d for this
-
purpose.
(b)/
(b)
Make an allowance f o r a l i m i t e d period t o the
person paying the r a t e s
on an a s s i s t e d house by way of
56
refund o f the whole or some part of the r a t e s on the house.
This enables the l o c a l authority
i f they so d e s i r e to grant
a s s i s t a n c e by annual payments i n s t e a d of c a p i t a l payment.
The method adopted attaches the payment t o the house,
(o)
Undertake to pay the loan charges on part of an
advance made by a b u i l d i n g
Sub-Clause 5
society.
is designed to prevent
abuses
arising
through a person obtaining a c a p i t a l grant f o r
a house
complying with t h e conditions and then converting the house
into one of a d i f f e r e n t
kind.
The clause provides
that
f o r a period of f i v e years there s h a l l be no a d d i t i o n t o or
enlargement
authority.,
It
of the house except w i t h the consent of the
f-,hB p e r i o d cf f i v e
is desirable
years
local
i s an a r b i t r a r y one,
or. t h e one hand t o prevent any change in the
character o f t h e hou.se while shortage continues and on the
e t h e r hand t o avoid hedging houses round with r e s t r i c t i o n s
which w i l l make p r i v a t e e n t e r p r i s e u n w i l l i n g t o embark on
building.
As r e g a r d s houses f o r
which l o c a l
authorities
make r a t e allowances or payments to. b u i l d i n g s o c i e t i e s ,
the
a u t h o r i t i e s w i l l make the continuance of these annual payments
subject t o s i m i l a r
4,
conditions.
Clause 3,
This Clause Is to enable the Minister t o
exercise
a d i s c r e t i o n as t o the payment of subsidy on a house which for
sufficient
5.
reason i s not completed within the s p e c i f i e d time.
Clause 4 ,
This Clause enables
a l o c a l authority t o lend money
to persons proposing to b u i l d houses or to guarantee part of
the repayment of loans advanced by b u i l d i n g
societies.
e x e r c i s e of t h i s power involves no State subsidy,
I t is
The
Intended
f o r use in r e g a r d to houses of a l a r g e r type, though it can also
be used in r e g a r d t o the smaller Ant-e-subsidised houses,
p ow ar/
Power i s given to lend during construction but in
that case the l o c a l a u t h o r i t y may n o t lend more than 50$ of
the value of the work done a t the time of the advance.
Aa regards
anticipated
the b u i l d i n g s o c i e t y proposals i t is
that l o c a l a u t h o r i t i e s may arrange to guarantee
an advance lent by a s o c i e t y ( i n so f a r as the advance exceeds
what the Society would o r d i n a r i l y lend) u n t i l the loan i s
reduced
to the normal amount.
This p r o v i s i o n l i k e the one in Clause 3 is a
temporary one.
6. Clause 5 .
Under A c t i o n 15(d) of the Housing A c t , .1919
a house b u i l t by a l o c a l a u t h o r i t y i f
to the condition
sold must be subject
that i t cannot be used by the owner f o r
housing a person in h i s employment:
the section aims a t
preventing the houses becoming tied houses.
Under Section 15(2) where houses or land, f o r the
e r e c t i o n of houses are 30ld by a l o c a l a u t h o r i t y ,
the
a u t h o r i t y must make v a r i o u s
of which
i s that they must l i m i t
conditions,
the amount of rent to be charged
f o r the houses sold or b u i l t
on the land disposed
These conditions m i l i t a t e
and
the chief
i t i s proposed to r e p e a l
of.
seriously against
the s u b s e c t i o n s .
This was
recommended by the Geddes Committee and a s i m i l a r
p r o v i s i o n was included in the Economy
Provisions)
(Miscellaneous
Bill.
7* Clause 6 . . Tnis clause i s proposed mainly to meet
a difficulty
which i s met w i t h in connection with
London County Council schemes.
,
.
sales
In/
In the ordinary cage where a
authority carries
within
local
out an approved housing scheme
i t s own a r e a , any roads constructed become
highways r e p a i r a b l e
by the inhabitants a t l a r g e and
a r e maintained by the highway a u t h o r i t i e s .
The
London County Council ha a carried out some housing
schemes in the area of Metropolitan Boroughs
which the borough i s the highway a u t h o r i t y )
outside the county.
the same p o s i t i o n as i f
authority
difficulties
The clause w i l l
with a housing
and some
In 30me cases the highway
a u t h o r i t i e s have raised
roads over.
(for
about
taking
put these roads
in
they had been made in connection
scheme c a r r i e d out by the
in whose d i s t r i c t
Sub-clause 2 i s
local
they a r e .
to meet some case3 where the
London County Council have c a r r i e d out housing
schemes which have been f u l l y approved by the
Minister,
but the l o c a l a u t h o r i t y
the bouses are s i t u a t e refuse
certificates
because
in whose
to Issue
the urban d i s t r i c t
district
habitation
council do
not consider that the houses comply in"a 11 respects
w i t h the l o c a l : bye
8 . Clause 7 .
arising
laws.
This 3s a clause proposed by the
out of t h e i r experience
and i s designed
in dealing with slum areas
to secure co-operation
and the l i c e n c i n g
justices.
between the Council
The l o c a l authority are empower­
ed to contribute towards any amount payable.as
on the r e f u s a l of
L.C.C..
the renewal of
compensation
the licence and the
compensation a u t h o r i t y are empowered to contribute out of
the compensation fund towards- compensation' in r e s p e c t of
'
the a c q u i s i t i o n by the l o c a l authority of licensed premises,
9., Clause
B./
Clause 8 .
9a
ing p r o p o s a l .
This i s a c o n s o l i d a t i n g and
Part I
simplify­
of the Housing Act 1890 d e a l s with
schemes f o r the improvement of unhealthy areas and i s
intended g e n e r a l l y to deal with areas of c o n s i d e r a b l e
Part
II
of that Act d e a l s with u n s a t i s f a c t o r y houses
ing aggregations
size.
includ­
of houses which i n f a c t nay bo u n d i s t i n g u i s h ­
a b l e from the Unhealthy Areas to which Part I
relates.
There are a c o n s i d e r a b l e number of minor d i f f e r e n c e s
procedure and i n connection with assessment
of
in
compensation
which r e s t on no l o g i c a l b a s i s and merely serve t o produce
confusion.
This state of things
a r i s e s because tho
Act of 1890 was a rough kind of c o n s o l i d a t i n g measure;
Part I was taken from one set of old Acts and Part I I
anothero
It
i s proposed by t h i s
procedure e t c . under both parts
clause to assimilate
Part I schemes:
Part I I
schemes
there i s
a concurrent
jurisdiction
scheme
A Part
II
to not more than 10 houses must be d e a l t
with by the Borough C o u n c i l .
consequential
for
(except i n the case of very small schemes)
out by a Borough Council and v i c e v a r s a .
scheme r e l a t i n g
I.
authority
though the County Council may c o n t r i b u t e t o a Part I I
carried
the
to that r e l a t i n g t o Part
I n London the County Council i s the sola
for
from
on sub-clause
Sub-clauso I I
1 in i t s
of clause 8 i s
a p p l i c a t i o n to London.
There i s something t o be said f o r t r a n s f e r r i n g
c a r r y i n g out p a r t I and I I schemes e n t i r e l y
the power of
to the County
/Council
Council, but cases a r i s e where a borough, council i s
prepared
t o go on w i t h a scheme which the County Council would not
be w i l l i n g to take up immediately and the clause as drawn
w i l l permit
10.
this,
Clau.se 3 9,, 1() and 11 ^
These clauses are propoe ed with a view to
s i m p l i f y i n g future
consolidation and to get r i d of
confusion which a r i s e s on account of varying p r o v i s i o n s
different.parts
11,
In
of the Housing A c t s ,
clause ;jg,
Section 15 of the Housing Act 1909 and Section
28 of the Act 1919
deal with s u n s t a h t l a l l y the same matter,
the r e p a i r of u n s a t i s f a c t o r y houses.
Difficulty
as to the i n t e r p r e t a t i o n of
these
sections has a r i s e n owing to c o n f l i c t i n g decisions of the
High Court,
I t i s proposed to r e p e a l the e a r l i e r
section
and to make c l e a r that an owner has a r i g h t to appeal b e f o r e
works are carried, out by a l o c a l a u t h o r i t y as w e l l as on
r e c e i p t of demand f o r payment of expenses incurred by the
Local A u t h o r i t y ,
Sub-clause c r e p a i r s an omission in the
e x i s t i n g law.
At present while a l o c a l a u t h o r i t y can
allow, an owner to repay over a p e r i o d of years sosts
incurred by- the Authority in. carrying out improvements
to houses in^default of the owner, they have no power
to spread t h e i r own expenditure o w
a p e r i o d of y e a r s .
In some eases t h i s prevents l o c a l a u t h o r i t i e s from
taking a c t i o n ,
-.
I t i s a matter f o r
consideration whether appea
under t h i s clause should not be to the Justices
instead
of to the M i n i s t e r ,
14.
Clause 13,
1
4
*'
Clause 131
At present where a l o c a l
given power to carry out a Part I .
on any property f o r
until
a u t h o r i t y have been
scheme they cannot enter
the purpose of proceeding with the scheme
tho whole question of compensation is
This f r e q u e n t l y r e s u l t s
In connection with Part I I .
settled.
i n considerable
schemes there
delay.
is provision
for
entry,, but only upon compliance with the cumbrous procedure
of the Lands Clauses A c t s .
The clause provides for. a r i g h t ,
of e n t r y with proper safeguards
1
5
*
as to
compensation.
2i^se2jk4."
House b u i l d e r s
difficulties
contend
i n the way of r e v i v a l
that one of the
great
of house b u i l d i n g is
cost of street works, which t&ey maintain are made very
by t h e . o p e r a t i o n of
insufficiently
clause w i l l enable a l o c a l
elastic
bye-laws,
the
expensive
The
authority to look on the development
of an e s t a t e as a whole and to permit l i g h t e r c o n s t r u c t i o n i n
the l e s s
important s t r e e t s .
$here construction of a l i g h t e r
kind is permitted,
i t w i l l u s u a l l y be d e s i r a b l e
to.impose
c e r t a i n conditions
on the owner of a d j o i n i n g l a n d .
Under the
e x i s t i n g law these conditions cannot, be enforced
against
future
intended to
owners of the l a n d , and sub-clause
meet this
16.
(2)
is
point,
Clause 15.
This i s intended t o remedy a defect
i n Section 44 of the Act of 1909, which i n p r a c t i c e has been
found to be unworkable
owing to the n e c e s s i t y under that
of proving that the e r e c t i o n
Section
.of d w e l l i n g s has in f a c t been
tijubudlod' as a r e s u l t of the r e s t r i c t i v e
character of
the
bye-laws,
17.
Clause 1 6 .
This clause
a p p l i e s the provisions
of
the A c q u i s i t i o n of Land Act to the settlement of questions ;
of couponsat ion and betterment a r i s i n g under a Town Planning
scheme.
18* Clause
17,
The Oouncil^of-every Borough-and Urban D i s t r i c t with a
population of more than 20 000 is r e q u i r e d under the Act of
;
1919 to submit a Town Planning Scheme w i t h i n t h r e e y e a r s
1st January,
1923,
This clause extends
the p e r i o d
the e x t e n s i o n i s desired by the l o c a l a u t h o r i t i e s
from
t o 6 years
and
­
is
necessary,
19. Clause 18.
Amendment to the Small D w e l l i n g s Acquisition A c t s ,
The requirement that
the housle may render the houae
proposed
.
to l i m i t
the owner of a house must - o c c u p y ^
almost u n s a l e a b l e and i t
is
t h i s requirement to 5 y e a r s .
Local a u t h o r i t i e s are g i v e n a complete d i s c r e t i o n
the amount of loan which may be advanced ,and p r o v i s i o n
a l s o made f o r
"v^
advances as the build-ing of a house
Further c l a u s e s w i l l be required
scheme Of d e a l i n g with the l e s s hopeless
is
progresses.
t6 provide f o r
slum areas., which
.haa been approved by the Housing Committee of the Cabinet
and i s to be discussed at the meeting of the Home A f f a i r s
Committee on the 21st of
February,
as to
the
DRAFT
OF
B
I
A
L I.
TO
A m e n d the'enactme&ts
the Working Glasses,
the construction of
Acquisition of Small
1
relating to the Housing.pf A.D. 1923.
Town Planning (including
' new -streets), and- the
Dwellings.
B
E it enacted by the 'King's most'Excellent Majesty,
. by and With the advice and consent of. the Lords
Spiritual and Temporal, arid Commons, in this present
Parliament assembled,' and by the authority'of the same,
...5 as.MloWs
PAET ' %
AMENDMENTS or
HOUSING ACTS.
1.—(1) The Minister of Health (hereinafter referred Government
to as the Minister) may, subject to such conditions as, contribu­
10 with the approval of the Treasury,..he may think fit to
impose,' make,' or undertake to make contributions out a n d X ^ e s
of monies provided by Parliament t o w a r d s : - . ,
' - f local
(a) any expenses "incurred by a local authority, for authorities
t i p n s t o
0
15,
2Q
.VYorfcttig Classes Act,, 18.90 (Jaei^atteK-xeierreiJ f bxmses.
to as the principal Act), in assisting in accordance
with,section two of this Act persons ;or-'bodies of
persons constructing houses of" such type and
size as may be specified' in such conditions; as
" aforesaid and completed before" the first day of
July,'nineteen hundred and twenty-five:
(&). any losses incurred by. such an authority in
themselves providing such , houses;
:
0
1
48-3
A
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 II.. of the principal Act (mcludingthe 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),
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-housing 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.
5
10
15
20
(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 25
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
30
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, 35
Town Planning, &c.' Act, 1919, and any enactments
amending those sections, are hereby repealed; but this
repeal shall not affect the vahdity of any regulations
made thereunder or the power to amend such regula­
:tions, or any habihty of the Minister to pay any sum 40
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
metropolitan boroughs thereunder, or the terms and
i[13 GRO.;O.3
Uousing,.M.
conditions on which ,,the Public. Works. Commissioners A.D. 1923.
may lend for the purposes of a scheme towards the losses
of which the Minister is liable to contribute under the
said section seven.
:
2 . - ( 1 ) Local authorities for the purposes of Part Power of
I I I . of the principal Act, may, in accordance with schemes ^ '
[proposals] submitted by them to the "Minister approved authorities
to assist
by him, assist persons and bodies of persons constructing ^ i ^ t e
.
or undertaking to construct houses, being houses which building
10 comply with, the conditions required to be fulfilled in enterprises,
order that contributions may be made by the Minister
under this Act in respect of them.
5
i
loc
. (2) Assistance under this section may be given in any
of the following ways; that is to say, the local authority
15 m a y ­
(a) make grants by way of lump sum;
(b) undertake to refund, during such period as may
be specified in the scheme, to the person by
, whom the rates on any house are payable, the
20
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
25
the building soti^r, undertake to meet any
part of the periodical sums payable by him to
the building society by way of interest or
repayment of such advances.
(3) Where a local authority make a grant under
30 this section in. respect of a house, i t shall be subject to
the condition that during the period of five years from
the commencement of this Act [qu. payment of the
grant] the house shall be used as a separate dwelling­
. house, and' that no addition thereto or enlargement
3 5 thereof shall be made without the consent of the local
authority, and in the event of any breach of this con­
dition 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
40 priority over all existing and^ future estates, interests,
and encumbrances, with the exception of quitrents and
other charges incident to tenure, and tithe rentcharge.
A.D. 1923.
In this subsectionowner " has the same meaning
as in the Public Health Act, 1875.
'
(3) 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 5
before the said first day of July, and that the other
conditions, subject to which the assistance is given will
be observed. '
',
- '
;
. (4) The raising of money for making grants under
this section, shall be a purpose for which a local autho­ 10
rity may borrow under Part I I I . "of the principal Act.
(5) 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
15
for the purposes of Part I I I . of the principal Act.
Saving as
respects
houses not
completed
within the
specified
period.
Power of
local autho­
rities to
grant
money and
give
guarantees
to persons
building
houses.
3. The failure to complete a house before the said
first day of July shall not render illegal or invalid any
contribution made or assistance given, or any under­
taking to make a contribution or . give assistance, in
respect.of a house if the house is completed before the 20
thirtieth day of September, nineteen hundred and
twenty-live, and if the Minister is satisfied that the con­
struction 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 25
constructing the house had no; control. '
4 . - ( 1 ) In addition to or in lieu of granting suMi
assistance as is mentioned in Section two of this Act such
local authority as is mentioned in that section may,
subject- to such conditions as may be approved by the 30
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
[in ' respect of which t they' are authorised to grant
such assistance as aforesaid], subject to the following 35
provisions:—n ­
(a)' The advance shall be secured by mortgage, and
the mortgage deed may provide for , repay­
"ment being "made "either-by instalments of
principal or' by an annuity of principal and 40
*,''"' interest combined; so, howeveir, that in the
'': event of any of the conditions subjects to which
1
!
7
[13
5
10
GE*6.' 5.]
Housing, ifec.
the advance is" made not being complied with, A.D. 1923.
the balance for the time being unpaid shall
—
immediately become repayable ; and
(6) the advance may be made by instalments from
time to time as the building of the house pro­
gresses, so that the total of the advance does
not at any time 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.
(2) Any such local authority as aforesaid may
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
15 its members for the purpose of enabling them to "build
any such houses as aforesaid.
(3) The raising of money for making any such
advance, or for fulfilling any such guarantee, shall be
a purpose for which a local authority may borrow under
20 Part I I I . of the principal Act.
1
;
5. In section fifteen of the Housing, Town Planning, Repeal of
&c. Act, 1919 (which relates to the powers, of local 9&10Ged.5.
authorities for dealing with land acquired, or appropriated q w ^ ' A
, _ for the purposes of Part I I I . of the Housing of the
25 Working Classes Act, 1890), the proviso to paragraph (d)
of subsection (1) and subsection (2) shall be repealed.
L
6.-—(1) Where a housing scheme to , which this Provisions
section applies has been carried into effect by a local as to housing
authority outside their own area,' and for the purposes ^ j ^
30 of the scheme roads have been constructed by that
"
local authority,'. then, if the Minister certifies that the authority,
roads have been constructed and laid out in accord­
ance with plans and specifications approved by him,
the liability to maintain the roads shall vest in the
35 council of the-borough or district in which the scheme
was carried.out.,
8
0
. . - (2) Where such a scheme has been carried out by
a. local authority, outside their own area, no habitation
- certificate shall be required from the council of.the
40 borough or district in which the houses are.situate in
respect of any houses provided under the scheme which
48
B
a
i
e
a
" ' .
6
Housing, dbc.
\ 13 GEO. 5.j
A D . 1923. were constructed in accordance with plans and speci­
fications approved by the Minister..
(3) The schernes 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 5
schemes in connection with a scheme made under Part I.
or Part II. 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 10
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 liability as
to the maintenance of roads as if the metropolitan 15
borough had been a borough outside London.
7. Where the land included, in a scheme made,
whether before, or after the. passing of this Act under
Part I. or- Part I I . of the principal Act, comprises
premises in respect of which an old on-licence is in force, 20
the following provisions shall have effect : -
Provisions
as to
licensed
premises
included in
Part I. and
Part I I ,
schemes.
(1.) If on the application of the local authority by
which the scheme is made the renewal, of the
licence is refused, that lpcal authority may
contribute such sum as they think fit towards 25
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 apquir,e the. premises 30
in pursuance of. the scheme, the compens tion
authority under thfi- Licensing (Consolidation)
Act,. 1910, may contribute out of the compen­
sation. fund, such sum as they think fit towards
the amount assessed as compensation in respect 35
of; the acquisition of the premises..
8.—(1) All the provisions of the Housing Acts
referring to the procedure for. making, confirming, and
parrying out of schemes under Part I. of the principal
"-rtof^^ -A^' d
* ^ assessment of, compensation for land 40
Act!
taken, under such, a scheme, shall, apply in the case of
schemes under Part II. of that. Act in lieu, of theprovi­
Assimilation
of schemes
under Parts
&
J
a n
a s
0
e
[13 GEO. 5.] '
7
Housing; &c:
sions now governing such matters in relation to such A.D. 1923.
last-mentioned schemes.
—
(2) As respects the County of London, both the
London County Council and the metropolitan borough
5 councils shall be local authorities for the purposes of
schemes imder Part I. and under Part I I . of the
principal Act, subject to this qualification that where the
scheme relates to not more than ten houses the council
of the metropolitan borough to the exclusion of the .
10 county council shall be the local authority,, without
prejudice, however, to contributions being, made by
metropolitan borough councils to the county council
and, by the county council to the metropolitan borough
councils in accordance with the provisions of section
15 forty-six of THE principal Act as amended by any
subsequent enactment.
9r.—(A), The provisions of the Housing Acts- relating; Provisions
to. compensation for obstructive buildings,, which arei
?b­
dwelling-houses,, and the assessment thereof,, shall apply jjj^^f
20 to the case of obstructive buildings' whicb are not;
'
dwelling-houses.
(2) The -compensation payable in respect of the­
demolition, of, an obstructive building, the site whereof is
retained by the owner,, shall be assessed by an official
25, arbitrator under the Acquisition of Land (Assessment
of Compensation) Act, 1919, and the provisions of that
Act, other than section two- thereof,., shall apply accord­
ingly,. notwithstanding that no land is acquired corn^
pulsorily.
0 8 t o
s
U1
m g s
1 0 . - ( 1 ) So. much of the Housing. Acts, as requires^ Receipts
receipts and expenditure of a local authority ^ e r ^ J ^ ^
Part I. or Part I I I . of the principal Act to be paid into Housing
and out of the Dwelling House Improvement Fund' shall Acts,
cease to have effect.
35,
(2); Every local authority shall keep, separate-accounts
of their receipts and expenditure—
(a) under. Part I., and so much.of. Part Hi of the
principal Act as relates to reconstruction
schemes;,
40,
(&) under so much of Part I I . of the principal Act as
does, not relate.to. suclr schemes;
(c)' under Part I I I . of the principal Act.
30'
u n
1
3
1
A.D. 1923.
1 1 . - ( 1 ) Any notice, order, or other document
required or authorised to be served under the Housing
:—
Service of ^
j either­
c t g
notices, &c.
m
b e
s e r v e (
J
(a) by delivering it to the person on whom it is to
be served; or
5
(6) by leaving it at the usual or 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 last­
known place of abode; or
10
(d) if addressed to the " owner " or " occupier " of
premises, by dehvering 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
15
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
20
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.
25
itepairsof
houses,
1 2 . Subsections (3) to (6) of -section fifteen of the
Housing, Town Planning, &c. Act, 1909 (being provisions
which are virtually superseded by section twenty-eight
of the Housing, Town Planning, &c. Act, 1919), are
hereby repealed, and the said section twenty-eight shall 30
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 habita­ 35
tion:
(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 40
section or an order made by the local authority
with respect, to those expenses under that
;
g
10
15
' section, by giving notice of appeal to the Minister A D . 1923.
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.—(1) Where a scheme under Part I. or Part II. Entry on
-of the principal Act has been made and confirmed and
schedules of the lands proposed to be taken compulsorily ^ ^ e m e
20 thereunder have been deposited in accordance with j
paragraph (1) of the Second Schedule of that Act, the Part I. or
local authority may at any time after giving not less Part I I .
than fourteen days' notice to the owner and occupier of
the land, enter on and take possession of any part of the
2 5 land included in the schedules and specified in the notice,
without the necessity of making any such deposit as is
mentioned in paragraph (24) of that schedule, but subject
to the payment of the like compensation for the land
to which -possession is taken, and interest on the
30 compensation awarded, as would have been payable if
the entry had been made in pursuance of the said
paragraph (24).
[( 2 ) Where a local authority have agreed to purchase
land for the purposes of a scheme under Part I. or
3 5 Part II. of the principal Act subject to the interest of
the person in possession thereof, and that interest is not
greater than that of a tenant for a year or from year to
year, the local authority' shall have the like power to
enter upon and take possession of the land as is, in the
40 case of land agreed to be purchased for the purposes of
Part III. of the' principal Act, conferred upon them by
subsection' (2) of section ten of the Housing, Town
Planning, &c. Act, 1919, and that subsection shall apply
accordingly.
48
C
l a n d
u n (
f o r
e r
e
A.D. 1023.
Provisions
as to bye­
laws re­
lating to
new streets,
1 4 . — ( 1 ) Where a person proposing to construct a
new street submits plans and specifications thereof to
the local authority, the local authority may, subject to
regulations made by the Minister under this section,
approve the plans and specifications notwithstanding
that they do not comply with the requirements of any
building byelaws in force in the district, and where such
an approval has been given and the street is constructed
and laid out in accordance with the plans and specifica­
tions so approved, the provisions of such byelaws shall
not apply to the street so far as they are inconsistent
with the plans and specifications so approved.
10
( 2 ) The local authority may, as a condition of
giving such approval, require such person as aforesaid
to enter into a covenant or agreement with them with 1 5
respect to the user of any land belonging to him and
abutting on the new street or for the future appropriation
of any part thereof for the purposes of widening the
street, and where any such covenant or agreement has.
been entered into, the authority shall have power to 20
enforce such covenant or agreement notwithstanding
that they are not in possession of or interested in any
land for the benefit of which the covenant or agreement
was entered into, in the same manner and to the same
extent as if they had from the date on which the 2 5
covenant or agreement was entered into been possessed
of or interested in such land.
( 3 ) , For the purposes of this section—
" Local authority " means the borough or district
council.
" Building byelaws " has the same meaning as in
the Housing, Town Planning, &c. Act, 1919,
with respect to new streets.
[ ( 4 ) This section shall not apply to the adminis­
trative county of London.]
Amendment
of s. 4 of
Act of 1909.
30
35
1 5 . Section forty-four of the Housing, Town
Planning, &c, Act, 1909, which enables the Minister to
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 40
words " is unreasonably impeded " there were substituted
the words " is or is likely to be unreasonably impeded."
PART I I .
T O W N PLANNING,
A.D. .1928.
&C.
16. Any question which under subsection (4) of Determina­
section fifty-eight of the Housing, Town Planning, &c.
^
5 Act,; 1909, is. to'be determined by the arbitration of a
Tf^L^
l i .
i
l
l
-niv i n i
^ compen­
smgie arbitrator appointed by the Minister shall be sationunder
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.
t i o n
0
J.0
17. The time within which councils of boroughs Extension
and urban districts are required by section fortv-six of
the Housing, Town Planning, &c. Act, 1919, to prepare P
^
and submit to the Minister town planning schemes shall p i
g
be extended to six years from the first day of January, schemes.
.15 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."
o f
t i m e
f
r e
t
f o r
t l 0 n
anmn
PART
20
AMENDMENTS
III.
OP THE SMALL DWELLINGS
ACTS.
ACQUISITION
1 8 . - T h e Small Dwellings Acquisition Act, 1899,
shall have effect subject to the following amendments : —
i \ \
25
30
35
40 .
-,
T
,j
j. a j.
,
n
x
(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:
iff) 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:
(c) 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
48
D
Amend­
ments of
62&63Vict.
0 ­
44
A D . 1923,
—
be advanced in respect of any house by a local
authority shall cease to have effect:
(d) 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 5
building of the house progresses, so that the
total advance does not at any time 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 :
10
[(e) Paragraph (/) of subsection ( 1 ) of section three
of that Act, which makes it a statutory condition
that the local authority shall have power tO
enter the house, is hereby repealed.]
PART I V .
15
GENERAL.
Applica­
tionto
Scotland.
1 9 . This Act shall apply
following modifications:—
Repeals and
extent.
20.-—(1) The enactments mentioned in the Schedule
to this Act are hereby repealed to the extent mentioned
in the third column of that Schedule.
( 2 ) This Act shall not extend to Northern Ireland.
SJiort title.
Act,
21.—(1)
1923.
to Scotland, subject to the
20
This Act may be cited as the Housing, &c.
( 2 ) The Housing Acts, 1890 to 1921, and Part I. of, 2 5
this Act, may be cited together as the Housing Acts,
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 A t as applied to Scotland, may be cited 30
together as the" Housing (Scotland) Acts, 1890 to 1923,
and are in this Act in its application to Scotland referred
to as the Housing Acts.
( 4 ) The Town Planning Acts, 1909 and 1919, and
Part I I . of this Act may be cited together as the Town 3 5
Planning Acts, 1909 to 1923.
(5) 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.
Q
SCHEDULE.
A.D. 1923.
ENACTMENTS REPEALED,
Session and
Chapter.
5 53-& 54 Viet,
o. 70.
Short Title.
The Housing of the Working
Classes Act,. 1890.
10
15
62 & 63 Viet,
o. 44.
The Small Dwellings Aoquisition Act, 1899.
3
The Housing of the Working
Classes Act, 1903.
The Housing, Town Planning,
&o. Act, 1909.
20.
25
Edw.
c. 39.
9 Edw.
30
o. 44.
35
7.
7.
9 & 10 Geo. 5. The Housing, Town Planning,
&.c. Act, 1919.
c. 35.
Housing
(Additional
40 9 & 1 0 Geo. 5 The
Powers) Act, 1919.
' o. 99.
ll&12Geo.5. The Housing Act,. 1921 c. 19.
Extent of Repeal.
In
section
seven
paragraphs (c) and
(d).
Section, twenty -f our.c,
Subsection (7) of sec­
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.
In section one the
words from " any
'.' advance
shall
" n o t " to " t h e
" ownership; nor "
and
the
word
" and "
Paragraph
(/)
of"
subsection (1) of
section, three.
Subsection (1)
of
section thirteen.
Subsections (3) (4); (5)
(6)'and (8) of sec­
tion fifteen.
Section thirty.
Section seven.
Proviso (d) to sub­
section (1) of sec­
tion fifteen, and'
subsection (2) of
the same section.
Section nineteen.
Sections one, two,,
three and four.
Section one and see.
tion eight.
Housing,
&c.
I) R A K T
OF A.
JB
I
JJ
JJ
'
TO AMEND THE ENACTMENTS RELATING TO
THE HOUSING OF THE WORKING GLASSES
AND THE ACQUISITION OF SMALL DVVELLINGS AND THE LAW RELATING TO NEW
STREETS.
XL.
(3.).
19th February .1923.
48 - 3