13 10 15 inconsistent with the requirements of the A.D. 1924. (b) in the second case, grant to the person who carries (5) The annuity shall be of such amount and extend over such number of years as the county court may determine. (6) Where a local authority have themselves acquired a leasehold interest in any house under the powers conferred upon them by this Act or any enactment repealed thereby, the Minister, on the application of the local authority, may make a similar order with 20 regard to the relaxation of the provisions of the lease and to charging an annuity on the premises as might, had the lessee not been the local authority, have been made on the application of the local authority by the county court, and in that case the decision of the Minister as to 25 the amount and duration of any such annuity shall be final. Duty of Local Authority and Medical Officer of Health to Inspect Houses, &c. inspect 8. It shall be the duty of every local authority to Duty of 30 cause an inspection of their district to be made from local time to time with a view to ascertaining whether any authority to dwelling-house therein is in a state so dangerous or their injurious to health as to be unfit for human habitation, district. and for that purpose it shall be the duty of the local [1909, s. 17 35 authority, and every officer of the local authority, to (1).] comply with such regulations and to keep such records as the Minister may prescribe. medical 9. It shall be the duty of the medical officer of Representahealth of every district to represent to the local autho- tion by 40 rity of that district any dwelling-house which appears officer of to him to be in a state so dangerous or injurious to health. health as to be unfit for human habitation. [1890, s. 30.] A.D. 1924. Representa- complaint. 10. If any justice of the peace acting for a district, or the council of any parish in a district, or any four or more local government electors in a district, complain in writing to the medical officer of health of that district that any dwelling-house within the district is in 5 a condition so dangerous or injurious to health as to be unfit for human habitation, he shall forthwith inspect the same and transmit to the local authority the complaint with his opinion thereon, and if he is of opinion 1923, Sched. that the dwelling-house is in the condition aforesaid, 10 shall represent the same to the local authority, but the absence of any such complaint shall not excuse him from inspecting any dwelling-house and making a representation thereon to the local authority. Vict. c. 73. s. 6 (2); 1919, Sched. II. ; II.] Duty of local authority as to closing of house unfit for human habitation. Closing and Demolition Orders. 15 11.-(1) If, on the representation of the medical officer of health, or of any other officer of a local authority, or on other information given, any dwelling-house appears to the local authority to be in a state so dangerous or injurious to health as to be unfit for human 20 habitation, the local authority shall make a closing order prohibiting the use of the house for human habitation until, in the judgment of the local authority, the house is rendered fit for that purpose. (2) Notice of a closing order shall be forthwith 25 served on every owner of the house in respect of which it is made, and any owner aggrieved by the order may appeal to the Minister by giving notice of appeal to the Minister within fourteen days after the notice is served upon him. 30 (3) Where a closing order has become operative, the local authority shall serve notice of the order on the person inhabiting the house in respect of which the order is made, and, within such period as is specified in the notice, not being less than fourteen days after the 35 service of the notice, the order shall be obeyed by him, and he and his family shall cease to inhabit the house, and in default he may, on complaint to a court of summary jurisdiction, be ordered to quit the house within such time as may be specified in the order. (4) Unless the house has been made unfit for habitation by the wilful act or default of the tenant or of any 40 person for whom as between himself and the owner or A.D. 1924. landlord he is responsible, the local authority may make to the tenant such reasonable allowance on account of his expense in removing as may be deter5 mined by the local authority with the consent of the owner of the house, or, if the owner of the house fails to consent to the sum determined by the local authority, as may be fixed by a court of summary jurisdiction, and the amount of the said allowance shall be recoverable 10 by the local authority from the owner of the house summarily as a civil debt. (5) The local authority shall determine any closing order made by them if they are satisfied that the house, in respect of which the order has been made, has been 15 rendered fit for human habitation. (6) If, on the application of any owner of a house, the local authority refuse to determine a closing order, the owner may appeal to the Minister by giving notice of appeal to the Minister within fourteen days after the 20 application is refused. ordered to 12. If any owner of a dwelling-house in respect of Penalty on which a closing order is in force, or any other person, reletting lets or attempts to let, or occupies or permits to be house occupied, the house or any part thereof as a dwelling- be closed. 25 house, he shall on summary conviction be liable to a [1919, s. 32; fine not exceeding twenty pounds, and in the event of 1923, Sched. the offence continuing after conviction thereof to a II.] further fine not exceeding five pounds for each day during which the offence is continued after such conviction. 30 which clos ing orders 13. (1) Where default is made as respects any Recovery of dwelling-house in obeying a closing order, possession of possession the house may be obtained, whatever may be the value of houses in or rent of the house, by or on behalf of the owner or respect of local authority, either under sections one hundred and 35 thirty-eight to one hundred and forty-five of the County made. Courts Act, 1888, or under the Small Tenements Re- [1903, s. 10: covery Act, 1838, as in the cases therein provided for, 1909, Sched; and in either case may be obtained as if the owner or VI.] local authority were the landlord. 40 (2) Any expenses incurred by a local authority under this section may be recovered from the owner of the house summarily as a civil debt. A.D. 1924. Order for demolition. [1909, s. 18; 1919, Sched, II.] Execution of demolition order. [1890, ss. 34 & 35 (1); 1903, s. 9; 14.-(1) Where a closing order in respect of any dwelling-house has remained operative for a period of three months, the local authority shall take into consideration the question of the demolition of the house, and shall give every owner of the house notice of the time 5 (being some time not less than one month after the service of the notice) and place at which the question will be considered, and any owner of the house shall be entitled to be heard when the question is so taken into consideration. 10 (2) If upon any such consideration the local authority are of opinion that the house has not been rendered fit for human habitation, and that the necessary steps are not being taken with all due diligence to render it so fit, or that the continuance of any building, being 15 or being part of the house, is a nuisance or dangerous or injurious to the health of the public or of the inhabitants of the neighbouring houses, they shall order the demolition of the house or building. (3) If any owner undertakes to execute forthwith 20 the works necessary to render the house fit for human habitation, and the local authority consider that it can be so rendered fit for human habitation, the local authority may, if they think fit, postpone the operation of the order for such time, not exceeding six months, as 25 they think sufficient for the purpose of giving the owner an opportunity of executing the necessary works, 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 house. 30 (4) Notice of an order for the demolition of a house or building shall be forthwith served on every owner of the house or building in respect of which it is made, and any owner aggrieved by the order may appeal to the Minister by giving notice of appeal to the Minister 35 within twenty-one days after the notice is served upon him, or, where the operation of the order has been postponed for any period, within fourteen days after the expiration of that period. 15.-(1) Where an order for the demolition of a 40 house or building has been made, the owner thereof shall within three months after the order becomes operative proceed to take down and remove the house or building, and if the owner fails therein the local authority shall A.D. 1924. proceed to take down and remove the house or building 1909, Sched. and shall sell the materials, and after deducting the II.; 1919, expenses incident to such taking down and removal, Sched. II.; 5 pay over the balance of money (if any) to the owner. (2) Where the amount realised by the sale of such materials is not sufficient to cover the expenses incident to the taking down and removal of the house or building, the local authority may recover the deficiency from the 10 owner of the house or building summarily as a civil debt, or under the provisions of the Public Health Acts, 1875 to 1907, relating to private improvement expenses. (3) Where a house or building has been so taken down and removed, no house or other building or erection 15 which will be dangerous or injurious to health shall be erected on the site of such house or building or any part thereof; and if any house, building, or erection is erected contrary to the provisions of this subsection, the local authority may at any time order the owner thereof 20 to abate or alter the same, and in the event of noncompliance with the order, may themselves abate or alter the same, and the expenses of such abatement or alteration shall be recoverable from the owner summarily as a civil debt: 25 Provided that any person aggrieved by an order under this subsection may appeal to quarter sessions. 1923, Sched. II.] owner on 16.—(1) Where any owner has completed in respect Grant of of any dwelling-house any works required to be executed charges by by an order of a local authority under this Part of this way of 30 Act, he may apply to the local authority for a charging annuity to order, and shall produce to the local authority the certi- completion ficate of their surveyor or engineer that the works have of works. been executed to his satisfaction, and also the accounts [1890, ss. 35 of and vouchers for the costs, charges, and expenses of (1), 36 and 37 (4).] 35 the works; and the local authority, when satisfied that the owner has duly executed such works, and of the amount of such costs, charges, and expenses, and of the costs of obtaining the charging order which have been properly incurred, shall make an order accordingly, 40 charging on the house an annuity to repay the amount: Provided that any person aggrieved by such an order may appeal to quarter sessions. |