PART V.

GENERAL.

Re-housing by Undertakers.

A.D. 1924.

97. Where under the powers given by any local Re-housing 5 Act or Provisional Order or Order having the effect of obligations an Act, any land is acquired, whether compulsorily or by where land is acquired agreement, by any authority, company or person, or under where any land is so acquired compulsorily under any statutory general Act, other than this Act or any Act repealed provisions. 10 by this Act, the provisions set out in the Fifth Schedule [1903. s. 3.] to this Act shall apply with respect to the provision of housing accommodation for persons of the working classes.

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Provisions as to Building Byelaws, &c.

98. (1) Where in pursuance of a housing scheme Relaxation to which this section applies new buildings are con- of byelaws. structed, or public streets and roads are laid out and [1919, s. 24.] constructed, in accordance with plans and specifications approved by the Minister, the provisions of any building 20 byelaws shall not apply to the new buildings and new streets constructed and laid out in pursuance of the scheme so far as those provisions are inconsistent with the plans and specifications approved by the Minister, and, notwithstanding the provisions of any other Act, 25 any public street or road laid out and constructed in accordance with such plans and specifications may be taken over and thereafter maintained by the local authority:

Provided that, as regards the administrative county 30 of London, the Minister shall not approve any plans and specifications inconsistent with the provisions of any building byelaws in force in the county except after consultation with the London County Council on the general question of the relaxation of such provisions in 35 connexion with housing schemes.

(2) Where the Minister has approved plans and specifications which in certain respects are inconsistent with the provisions of any building byelaws in force in the district in which the works are to be executed, any 40 proposals for the erection therein of houses and the laying out and construction of new streets which do not form part of a housing scheme to which this section applies may, notwithstanding those provisions, be carried

A.D. 1924. out if the local authority are, or, on appeal the Minister is, satisfied that they will involve departures from such provisions only to the like extent as in the case of the plans and specifications so approved, and that, where such plans and specifications have been approved subject 5 to any conditions, the like conditions will be complied with in the case of proposals to which this subsection applies:

Provisions as to byelaws relating to new streets.

[1923, s. 12]

Provided that, in the application of this subsection to the administrative county of London, the expression 10 "local authority means the London County Council with respect to the matters within their jurisdiction and the Common Council of the City of London or the council of a metropolitan borough (as the case may be) with respect to other matters.

(3) The housing schemes to which this section applies are schemes made by a local authority or county council under this Act, or by a public utility society or housing trust, and approved by the Minister.

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99.-(1) For the purpose of facilitating the erection 20 of dwelling-houses, the Minister may prescribe a code of building byelaws relating to the level, width, and construction of new streets, but no such code shall have effect unless and until adopted by resolution of a local authority; and where such code or any part thereof is 25 so adopted it shall not be necessary for the local authority to comply with the requirements of section one 38 & 39 Vict. hundred and eighty-four of the Public Health Act, 1875, or, if the byelaws are made under a local Act, the corresponding provisions of that Act, and the code or such 30 part thereof shall have full force and effect as part of the byelaws of the local authority in substitution for such of the existing byelaws of the authority as may be specified in the resolution.

c. 55.

(2) Where a local authority have approved any 35 plans and sections for a new street, subject to any conditions imposed or authorised by any byelaws in force in the area of that authority, those conditions may be enforced at any time by the authority against the owner for the time being of the land to which the conditions 40 relate.

(3) Where as respects the area of any local authority matters relating to the level, width and construction of

new streets are regulated by a local Act and not by A.D. 1924. byelaws, and the local authority pass a resolution adopting the said code or any part thereof, the code or such part as aforesaid shall have full force and effect as 5 if it formed part of the local Act in substitution for such provisions of the local Act as may be specified in the resolution.

(4) Before a resolution is passed under this section notice of the proposed resolution shall be published in 10 one or more newspapers in circulation in the district, and when such a resolution has been passed the local authority shall, within seven days thereafter, send a copy of the resolution to the Minister.

(5) For the purpose of facilitating the erection of 15 dwelling-houses within the administrative county of London, the London County Council may, with the consent of the Minister, suspend, alter, or relax the provisions of any enactment or byelaw relating to the formation or laying out of new streets, or the 20 construction of sewers or of buildings intended for human habitation; but save as provided in this subsection this section shall not apply to the administrative county of London.

unreason

100.- (1) If the Minister is satisfied, by local in- Power to 25 quiry or otherwise, that the erection of any buildings Minister within any borough or urban or rural district is or is to revoke likely to be unreasonably impeded in consequence of any able byelaws with respect to new streets or buildings in force byelaws. therein, the Minister may require the local authority to [1923, s. 13.] 30 revoke such byelaws or to make such new byelaws as

he may consider necessary for the removal of the impediment.

(2) If the local authority do not within three months after such requisition comply therewith, the Minister may 35 himself revoke such byelaws, and make such new byelaws as he may consider necessary for the removal of the impediment, and such new byelaws shall have effect as if they had been duly made by the local authority and confirmed by the Minister.

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101. Where it is proved to the satisfaction of the Power to county court on an application by the local authority authorise or any person interested in a house that, owing to changes in the character of the neighbourhood in which the

conversion of house

into several tenements.

A.D. 1924. house is situate, the house cannot readily be let as a single tenement but could readily be let for occupation if converted into two or more tenements, and that, by [1919, s. 27.] reason of the provisions of the lease or of any restrictive covenant affecting the house or otherwise, such con- 5 version is prohibited or restricted, the court, after giving any person interested an opportunity of being heard, may vary the terms of the lease or other instrument imposing the prohibition or restriction so as to enable the house to be so converted subject to such conditions 10 and upon such terms as the court may think just.

Provisions as to

commons

and open spaces.

[1909, s. 73.]

Restrictions on Acquisition of certain Lands.

102.-(1) Where any scheme or order under this Act authorises the acquisition or appropriation to any other purpose of any land forming part of any common, 15 open space, or allotment, the scheme or order, so far as it relates to the acquisition or appropriation of such land, shall be provisional only, and shall not have effect unless and until it is confirmed by Parliament, except where the scheme or order provides for giving in exchange for 20 such land other land, not being less in area, certified by the Minister after consultation with the Minister of Agriculture and Fisheries to be equally advantageous to the persons, if any, entitled to commonable or other rights and to the public.

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(2) Before giving any such certificate the Minister shall give public notice of the proposed exchange, and shall afford opportunities to all persons interested to make representations and objections in relation thereto, and shall, if necessary, hold a local inquiry on the subject. 30 (3) Where any such scheme or order authorises such an exchange, the scheme or order shall provide for vesting the land given in exchange in the persons in whom the common or open space was vested, subject to the same rights, trusts, and incidents as attached to the common 35 or open space, and for discharging the part of the common, open space, or allotment acquired or appropriated from all rights, trusts, and incidents to which it was previously subject.

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(4) For the purposes of this Act the expression 40 common " includes any land subject to be enclosed under the Inclosure Acts, 1845 to 1882, and any town

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or village green; the expression open space means A.D. 1924. any land laid out as a public garden or used for the purposes of public recreation, and any disused burial ground; and the expression "allotment" means any 5 allotment set out as a fuel allotment or a field garden allotment under an Inclosure Act.

103.-(1) Where any land proposed to be included Provisions in any scheme or order to be made under this Act, or as to land any land proposed to be acquired under this Act, is in neigh10 situate within the prescribed distance from any of the bourhood of royal royal palaces or parks, the local authority shall, before palaces or preparing the scheme or order or acquiring the land, parks. communicate with the Commissioners of Works, and the [1909, s. 74.] Minister shall, before confirming the scheme or order or

15 authorising the acquisition of the land or the raising of
any loan for the purpose, take into consideration any
recommendations they may have received from the
Commissioners of Works with reference to the proposal.
(2) For the purposes of this section "prescribed
20 means prescribed by regulations made by the Minister
after consultation with the Commissioners of Works.

104. Nothing in this Act shall authorise the Saving of acquisition for the purposes of this Act of any land sites of which is the site of an ancient monument or other object ancient 25 of archaeological interest.

monuments,
&c.
[1909, s. 45.]

acquired.

Special Powers and Duties of Local Authorities. 105.-(1) Where a local authority are by an order Power of confirming a scheme under Part II. of this Act, or by an entry on order made and confirmed under Part III. of this Act, land 30 authorised to purchase land compulsorily for the pur- [1919, s. 10; poses of the scheme or of Part III. of this Act, then, at 1923, s. 11.] any time after notice to treat has been served, the local authority may, after giving to the owner and occupier of the land such notice as is hereinafter mentioned, enter 35 on and take possession of the land or such part thereof as is specified in the notice without previous consent or compliance with sections eighty-four to ninety of the Lands Clauses (Consolidation) Act, 1845, but subject to the payment of the like compensation for the land of 40 which possession is taken, and interest on the compensation awarded, as would have been payable if those provisions had been complied with.