part thereof, he may, if he thinks fit, order the local A.D. 1924. authority to make either an improvement or a reconstruction scheme as he may think fit, and to do all things necessary under this Act for carrying into execution 5 the scheme so made, and the local authority shall accordingly make a scheme or direct a scheme to be prepared as if they had passed the resolution required under this Part of this Act in relation to the scheme in question, and do all things necessary under this Act 10 for carrying the scheme into effect. (3) Any such order of the Minister may be enforced by mandamus. schemes, 51.-(1) Where it appears to the Minister that a Power of local authority have failed to perform their duty under Minister to 15 this Act of carrying out any scheme made under this order Part of this Act, the Minister may make an order &c. to be requiring the local authority to remedy the default and carried out to carry out any works or do any other things which are within a necessary for the purpose under this Act within a time limited 20 fixed by the order. time. (2) Any order made by the Minister under this section [1909, s. 11.] may be enforced by mandamus. to order schemes to be made. [1919, s. 5.] 52.-(1) Without prejudice to any other powers for Power of enforcing the provisions of this Part of this Act, where the Minister 25 Minister is satisfied that any area within the district of a local authority is an area in respect of which the local authority ought to exercise their powers under this Part of this Act, the Minister may by order require the local authority to make either an improvement scheme or a 30 reconstruction scheme under this Part of this Act for the improvement of that area and to do all things necessary under this Act for carrying into execution the scheme so made. (2) If the local authority fail within such time as 35 may be prescribed by the order to make an improvement or reconstruction scheme to the satisfaction of the Minister, and to carry the scheme into execution, the Minister may either by order empower the county council to make and carry out a scheme, or himself 40 make and take such steps as may be necessary to carry out a scheme. (3) Where the Minister makes an order under this section the order may, for the purpose of enabling the A.D. 1924. county council to give effect to the order, apply any of the provisions of this Act or section sixty-three of the Local Government Act, 1894, with such modifications and adaptations as appear necessary or expedient : Power to authorise superior landlord to enter and execute works. Provided that the local authority shall be entitled 5 to appeal to the Minister if, in their opinion, the amount of the expenses which the county council require them to defray or propose to charge against their district is excessive or unreasonable, or against any refusal by a county council to make an order 10 under the said section sixty-three vesting in the local authority all or any of the powers, duties, property, debts, and liabilities of the county council in relation to the powers transferred to them, and upon any such appeal the Minister may make such order as he may deem just, 15 and an order so made shall be binding on the county council and the local authority. (3) Where the Minister himself makes and carries out a scheme, he shall for that purpose have all the powers of a local authority under this Part of this Act, and this 20 Act shall, with the necessary modifications and adaptations, apply accordingly; and any expenses incurred by the Minister in the exercise of such powers as aforesaid shall in the first instance be paid out of moneys provided by Parliament; but the amount certified by the Minister 25 to have been so expended and to be properly payable by the local authority shall, on demand, be paid to the Minister by the local authority, and shall be recoverable as a debt due to the Crown. 53.-(1) Where it is proved to the satisfaction of the Court, on an application in accordance with rules of court of any person entitled to any interest in any land used in whole or in part as a site for dwelling-houses for the working classes, that the applicant should be entrusted 35 with the carrying out of a scheme of improvement or [1919, s. 30.] reconstruction approved by the local authority of the district in which the land is situate, the court may make an order empowering the applicant forthwith to enter on the land and within the time fixed by the order to execute 40 such works as may be necessary, and may order that any lease or agreement for a lease held from the applicant and any derivative underlease shall be determined, subject to such conditions and to the payment of such A.D. 1924. compensation as the court may think just. (2) The court shall include in its order provisions to secure that the proposed works are carried out and may 5 authorise the local authority in whose area the land is situated or which has approved a scheme of improvement or reconstruction under this section, to exercise such supervision or take such action as may be necessary for the purpose. 10 (3) For the purposes of this section " court means the High Court, and the Court of Chancery of the county palatine of Lancaster or Durham or the county court, where those courts respectively have jurisdiction. lands in 54. Where a local authority have passed a resolu- Power to 15 tion that an improvement or reconstruction scheme acquire in ought to be made in respect of any area, the local advance authority may, with the consent of and subject to any areas proconditions imposed by the Minister, acquire by agree- posed for ment any lands included within the area, notwithstanding inclusion in 20 that the scheme may not at the time of acquisition have schemes. been made by the local authority or confirmed by the [1919, s. 13.] Minister. Council to 55. In the case of an improvement scheme prepared Power of by the London County Council under this Part of this London 25 Act or the corresponding provisions of any Act repealed County by this Act, where for the purpose of improving or acquire adding to the area included in the scheme the council additional find it expedient to acquire any additional land adjoining land by the area, it shall be lawful for the council, with the agreement. 30 consent of the Minister, to purchase such additional [53 & 54 Vict. land by agreement. 35 40 c. ccxliii., 8. 25.] 56. (1) The local authority for the purposes of Local autho this Part of this Act, shall (a) as respects the city of London, be the Common (b) as respects any other part of the administrative rities for [1890, ss. 46 (5), 72 and 73, and Sched. I.; 1919, s. 41 (3); 1923, Sched. I.j A.D. 1924. and that as respects the county of London the provisions hereinafter contained shall have effect for determining whether in any particular case the London County Council or the metropolitan borough council shall be the local authority to act in the matter. 5 (2) Where an official representation or proposed scheme relates to not more than ten houses, the metropolitan borough council, to the exclusion of the London County Council, shall be the local authority, and accordingly where an official representation relating to not 10 more than ten houses is made to the London County Council, the county council shall direct the medical officer of health to make representations to the council of the metropolitan borough in which the houses are situate, and it shall thereupon be the duty of the borough 15 council to deal with the case by means of an improvement or reconstruction scheme in manner provided by this Part of this Act. (3) Where in relation to any area (a) an official representation has been made, or 20 or (b) an official representation has been made, or proposals for a reconstruction scheme have 30 been submitted, to a metropolitan borough council, and that council resolve that the case is one of such general importance to the county of London that it should be dealt with by the London County Council; the county council or borough council, as the case may be, may submit the resolution to the Minister, and thereupon the Minister may appoint an arbitrator and direct him to hold a local inquiry. 35 The arbitrator shall hold such an inquiry and report 40 to the Minister as to whether having regard to the size of the area and the number of houses to be dealt with, the position, structure and sanitary condition of the houses and of the neighbourhood thereof, the case is wholly or partially, of any and of what importance to A.D. 1924. the county of London; and the arbitrator shall have power to report that in the event of the case being dealt with by the London County Council the metropolitan 5 borough council ought to make a contribution with respect to the expenses of dealing with the case, or, as the case may be, that in the event of the case being dealt with by the metropolitan borough council, the London County Council ought to make a contribution with 10 respect to the expenses of dealing with the case. The Minister, after considering the report of the arbitrator, may decide that the case shall be dealt with either by the London County Council or by the metropolitan borough council, and whether any and what 15 contribution should be made by the one council to the other, and the medical officer of health, or other proper officer, shall forthwith make the representation necessary for the case to be dealt with in accordance with such decision. 20 (4) 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 improvement scheme for the purposes of this Part of this Act, and for the apportionment of the expenses incurred in carrying 25 out the scheme. PART III. PROVISION OF HOUSES FOR THE WORKING CLASSES. General Powers of Local Authorities. 57.-(1) A local authority may provide housing Provision of 30 accommodation for the working classes 335 40 (a) by the erection of dwelling-houses on any land (b) by the conversion of any buildings into dwelling- housing accommo dation for working classes. [1890, ss. 53, 56 and 59; 1900, s. 1; 1909, ss. 1 1919, s. 12 (c) by acquiring houses suitable for the purpose; |