A.D. 1924. Completion of scheme on failure by local authority. Power of to modify [1890, ss. 15 (7) Where any premises or any part of any premises purchased by the local authority in pursuance of a scheme are not closed by a closing order, and are occupied by any tenant whose contract of tenancy is for less than a year, the local authority, if they require him to 5 give up possession of such premises or part for the purpose of pulling down the premises, may make to the said tenant a reasonable allowance on account of his expenses in removing. 43.-(1) If within five years after the removal of 10 any buildings on the land set aside by any improvement or reconstruction scheme confirmed under this Part of this Act as sites for dwelling-houses for the working classes the local authority have failed to sell or let the land for the purposes prescribed by the scheme, or have 15 failed to make arrangements for the erection of such houses, the Minister may order the land to be sold. (2) The order shall require the land to be sold by public auction or public tender, with full power to fix a reserve price, subject to the conditions imposed by the 20 scheme and to any modifications thereof which may be made in pursuance of this Part of this Act, and to a special condition on the part of the purchaser to erect upon the land houses for the working classes in accordance with plans to be approved by the local authority, 25 and subject to such other reservations and regulations as the Minister may deem necessary. 44. The Minister, on the application of the local authority, and on its being proved to his satisfaction that an improvement can be made in the details of any 30 improvement or reconstruction scheme confirmed under this Part of this Act, may permit the local authority to and 39 (9); modify any part of the scheme either by the abandonment 1909, s. 25.] of any part thereof which it may appear inexpedient to carry into execution, or by amending or adding to 35 the scheme in matters of detail in such manner as appears to him expedient, but any part of the scheme respecting the provision of dwelling-houses for the working classes, when so modified, shall be such as might have been inserted in the original scheme. 45. Upon the purchase by the local authority of any land required for the purpose of carrying into effect any improvement or reconstruction scheme under this Part 40 of this Act, all rights of way, rights of laying down or of A.D. 1924. continuing any pipes, sewers, or drains on, through, or other under such lands, or part thereof, and all other rights easements. or easements in or relating to such lands, or any part [1890, ss. 22 5 thereof, shall, save as hereinafter provided, be extin- and 39 (8); guished, and all the soil of such ways, and the property 1909, s. 27.] in the pipes, sewers, or drains, shall vest in the local authority, subject to this provision, that compensation shall be paid by the local authority to any persons or 10 bodies of persons proved to have sustained loss by this section, and such compensation shall be determined under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919: Provided that any such scheme may, with the consent 15 of the person or body of persons entitled to any such right or easement, provide for any exceptions, restrictions, or modifications in the application of this section to that right or easement, and this section shall take effect subject to any such exceptions, restrictions, 20 modifications. Provisions as to Compensation. or sation. 46.-(1) Where land included in any improvement Provisions or reconstruction scheme made under this Part of this as to assessAct or the corresponding provisions of any Act repealed ment of 25 by this Act (other than land included in such a scheme compen only for the purpose of making the scheme efficient and [1890, s. 41 ; not on account of the sanitary condition of the premises 1919, s. y thereon or of those premises being dangerous or pre- and Sched. judicial to health) is acquired compulsorily, the compen- I.] 30 sation to be paid for the land, including any buildings thereon, shall be the value at the time the valuation is made of the land as a site cleared of buildings and available for development in accordance with the requirements of the building byelaws for the time being in force 35 in the district: Provided that, if in the opinion of the Minister it is necessary that provision should be made by the scheme for the re-housing of persons of the working classes on the land or part thereof when cleared, or that the land or a 40 part thereof when cleared should be laid out as an open space, the compensation payable to all persons interested in any land included in the scheme (other than as A.D. 1924. aforesaid) for their respective interests therein shall be reduced by an amount ascertained as follows: Provisions as to licensed premises included in (a) the value of the whole of the land included in the (c) the difference between the amounts ascertained 15 (d) the amount by which the compensation payable (2) Subject as aforesaid the compensation to be paid for such land shall be assessed in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919. 25 (3) In the case of land and premises included in 30 an improvement or reconstruction scheme only for the purpose of making the scheme efficient and not on account of the sanitary condition of the premises thereon, or of those premises being dangerous or prejudicial to health, the compensation to be paid shall be assessed in accord- 35 ance with the rules contained in Part I. of the First Schedule to this Act. 47. Where the land included in an improvement or reconstruction scheme, whether made before or after the passing of this Act, comprises premises in respect 40 of which an old on-licence is in force, the following provisions shall have effect: (1) The local authority by whom the scheme is made may undertake that in the event of the renewal of the licence being refused they will A.D. 1924. the Licensing (Consolidation) Act, 1910, such 10 Edw. 7. (2) Where the local authority acquire the premises Enforcement of provisions of Part II. 48.-(1) Where in any district complaint has been Inquiry by 30 made to a medical officer of health of the unhealthiness of Minister on any area within that district by any person or persons of default of complaint competent under the foregoing provisions of this Part medical of this Act to make such a complaint, and the medical officer. officer of health has failed to inspect such area or to [1890, s 16; 35 make an official representation with respect thereto, or 1903, s.4(2); has made a report to the effect that in his opinion the area is not an unhealthy area, the complainant or complainants, as the case may be, or any four or more local government electors in the district, may apply to the 40 Minister, and the Minister may appoint any inspector or officer of the Ministry of Health or other person employed by him to inspect the area, and to make representation to him stating the facts of the case, and 1909, s. 26; A.D. 1924. whether, in his opinion, the area or any part thereof is or is not an unhealthy area. Inspection by county medical officer of health. [1919. s. 6.] Inquiry by refusal of authority to make an improve ment The representation so made shall be transmitted by the Minister to the local authority, and if it states that the area is an unhealthy area the local authority shall 5 proceed therein in the same manner as if it were an official representation made to that authority. (2) The Minister shall make such order as to the costs of the inquiry as he may think just, with power to require the whole or any part of such costs to be paid by 10 the appellants where the person appointed to make the inspection is of opinion that the area is not an unhealthy area, and to declare the whole or any part of such costs to be payable by the local authority where he is of opinion that the area or any part thereof is an unhealthy area. (3) Any order made by the Minister in pursuance of this section may be made a rule of the High Court, and be enforced accordingly. 15 49. Where a representation is made to the Minister as respects any county district that the local authority 20 have failed to exercise their powers under this Part of this Act, the Minister may direct the county council to instruct the medical officer of health of the county to inspect the district and to make a report to the Minister as to the exercise of the powers aforesaid by the local 25 authority. 50.-(1) Where an official representation is made to the local authority with a view to their passing a resolution in favour of an improvement scheme, and they fail to pass any resolution in relation to such representation, 30 or pass a resolution to the effect that they will not proceed with such scheme, the local authority shall, as soon as possible, send a copy of the official representation, accompanied by their reasons for not acting upon it, [1890, s. 10; to the Minister, and, upon the receipt thereof, the Minister 35 may direct a local inquiry to be held, and a report to be made to him with respect to the correctness of the official representation made to the local authority, and any matters connected therewith on which the Minister may desire to be informed. scheme. 1903, s. 4 (1).] (2) If, on the report made to the Minister on an inquiry directed by him under this section, he is satisfied that a scheme ought to have been made for the improve ment of the area to which the inquiry relates, or of some 40 |