4. Subject to the foregoing provisions the compensation to A.D. 1924. be paid shall be assessed in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919.

PART II.

5 RULES APPLICABLE IN THE CASE OF THE PURCHASE OF LANDS ON WHICH OBSTRUCTIVE BUILDINGS ARE ERECTED.

I.]

1. Evidence shall be receivable by the arbitrator to prove [1890, s. 41; that the rental of the premises was enhanced by reason of 1909, s. 29; the same being used for illegal purposes or being so over1923, Sched. 10 crowded as to be dangerous or injurious to the health of the inmates, and, if the arbitrator is satisfied by such evidence, the compensation shall, so far as it is based on rental, be based on the rental which would have been obtainable if the premises were occupied for legal purposes and only by the number of 15 persons whom the premises were, under all the circumstances of the case, fitted to accommodate without such overcrowding ast is dangerous or injurious to the health of the inmates.

2. Evidence shall be receivable by the arbitrator to prove that the premises are in a state of defective sanitation or are not 20 in reasonably good repair, and if the arbitrator is satisfied by such evidence, the compensation shall be the amount estimated as the value of the premises if they had been put into a sanitary condition or into reasonably good repair after deducting the estimated expense of putting them into such condition or 25 repair.

30

The local authority may tender such evidence as aforesaid before the arbitrator, notwithstanding that they have not taken any steps with a view to remedying the defects or evils disclosed by the evidence.

3. The arbitrator may, by one award, settle the amount [1890, or amounts of compensation payable in respect of all or any of s. 41 (6).] the houses or buildings included in one or more order or orders made by the local authority; but he may, and, if the local authority request him so to do, shall, from time to time make 35 an award respecting a portion only of the disputed cases brought before him.

4. The arbitrator shall have regard to and make an allowance in respect of any increased value which, in his opinion, will be given to other premises of the same owner by the demolition of 40 the obstructive building.

5. Subject to the foregoing provisions the compensation to be paid shall be assessed in accordance with the provisions of the Acquisition of Land (Assessment of Compensation) Act, 1919.

A.D. 1924.

[1890, s. 41;
1923,
Schd. I.]

PART III.

RULES APPLICABLE WHERE OBSTRUCTIVE BUILDINGS ARE PULLED
DOWN, THE OWNER RETAINING THE SITE.

1. The estimate of the value of the house or building to be
pulled down shall be based on the fair market value as estimated 5
at the time of the valuation being made of the house or building
and of the several interests therein, due regard being had to the
nature and then condition of the property and the probable
duration of the buildings in their existing state and to the state
of repair thereof, and rules 1, 2, 3, and 4 of Part II. of this 10
Schedule shall apply.

2. No allowance shall be made by reason of the pulling down being compulsory.

3. Subject to the foregoing provisions the compensation to be paid shall be assessed under the Acquisition of Land (Assess- 15 ment of Compensation) Act, 1919, and the provisions of that Act, other than section two thereof, shall apply accordingly, notwithstanding that no land is acquired compulsorily.

SECOND SCHEDULE.

PROVISIONS SUBJECT TO WHICH THE LANDS CLAUSES ACTS ARE 20
INCORPORATED IN AN ORDER CONFIRMING AN IMPROVEMENT
OR RECONSTRUCTION SCHEME.

(1) The title to be made in the case of the purchase of an
interest in fee simple in land, whether the purchase is compulsory
or by agreement, shall commence twenty years previous to the 25
date of the notice to treat or the agreement to sell, unless there
has been an absolute conveyance on sale within twenty years,
and more than ten years, previous to that date, in which
case the title shall commence with such conveyance: Provided
that the local authority shall not be prevented if they think fit 30
from requiring at their own expense any further abstract or
evidence of title respecting any such lands as aforesaid in
addition to the title hereinbefore mentioned.

(2) Notwithstanding anything in section ninety-two of the Lands Clauses Consolidation Act, 1845, the arbitrator may 35 determine that such part of any house, building, or manufactory as is proposed to be taken by the local authority can be taken without material damage to such house, building, or manufactory, and if he so determines may award compensation in respect of the severance of the part so proposed to be taken, in addition 40

to the value of that part, and thereupon the party interested A.D. 1924. shall be required to sell and convey to the local authority such part, without the local authority being obliged to purchase the other part of the whole or such house, building, or manufactory.

PROVISIONS AS TO THE COMPULSORY ACQUISITION OF LAND BY
A LOCAL AUTHORITY FOR THE PURPOSES OF PART III. OF

THIS ACT.

(1) Where a local authority propose to purchase land [1909,Sch.I.; 10 compulsorily, the local authority may submit to the Minister 1919, s. 11.] an order putting in force as respects the land specified in the order the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement.

(2) An order under this schedule shall be of no force unless 15 and until it is confirmed by the Minister, and the Minister may confirm the order either without modification or subject to such modifications as he thinks fit, and an order when so confirmed shall, save as otherwise expressly provided by this schedule, become final and have effect as if enacted in this Act; and the 20 confirmation by the Minister shall be conclusive evidence that the requirements of this Act have been complied with, and that the order has been duly made and is within the powers of this Act.

(3) The order shall be in the form prescribed by the Minister, 25 and shall contain such provisions as the Minister may prescribe for the purpose of carrying the order into effect, and of protecting the local authority and the persons interested in the land, and shall incorporate, subject to the necessary adaptations—

30

35

40

(a) the Lands Clauses Acts (except section one hundred
and twenty-seven of the Lands Clauses Consolidation
Act, 1845) as modified by the Acquisition of Land
(Assessment of Compensation) Act, 1919; and

(b) sections seventy-seven to eight-five of the Railways
Clauses Consolidation Act, 1845.

(4) The order shall be published by the local authority in the manner prescribed by the Minister, and such notice shall be given both in the locality in which the land is proposed to be acquired, and to the owners, lessees, and occupiers of that land as may be prescribed by the Minister.

(5) If within such period as may be prescribed by the Minister no objection to the order has been presented to the Minister by a person interested in the land, or if every such objection has been withdrawn, the Minister shall, without further

A.D. 1924. enquiry, confirm the order unless he is of opinion that the land is unsuited for the purpose for which it is proposed to be acquired, but, if such an objection has been presented and has not been withdrawn, the Minister shall forthwith cause a public inquiry to be held in the locality in which the land is proposed to be 5 acquired, and the local authority and all persons interested in the land and such other persons as the person holding the inquiry in his discretion thinks fit to allow shall be permitted to appear and be heard at the inquiry, and the Minister shall, before confirming the order, duly consider the report of the person by 10 whom a public inquiry is held.

(6) In construing, for the purposes of this schedule or any order made thereunder, any enactment incorporated with the order, this Act, together with the order, shall be deemed to be the special Act, and the local authority shall be deemed to be 15 the promotors of the undertaking.

(7) Where the land is glebe land or other land belonging to an ecclesiastical benefice, the order shall provide that sums agreed upon or awarded for the purchase of the land, or to be paid by way of compensation for the damage to be sustained by 20 the owner by reason of severance or other injury affecting the land, shall not be paid as directed by the Lands Clauses Acts, but shall be paid to the Ecclesiastical Commissioners to be applied by them as money paid to them upon a sale, under the provisions of the Ecclesiastical Leasing Acts, of land belonging to a benefice. 25 (8) The reference to sections seventy-eight to eighty-five of the Railways Clauses Consolidation Act, 1845, shall be construed as a reference to those sections as originally enacted and 13 & 14 Geo. 5 not as a reference to the provisions which by virtue of the Mines c. 20. (Working Facilities and Support) Act, 1923, are in certain cases 30 to be substituted for those sections.

[1919 (A.P.). Sch.]

FOURTH SCHEDULE.

PROVISIONS AS TO LOCAL BONDS.

1. Local bonds shall

(a) be secured upon all the rates, property, and revenues 35 of the local authority;

(b) bear interest at such rate of interest as the Treasury may from time to time fix;

(c) be issued in denominations of five, ten, twenty, fifty,

and one hundred pounds and multiples of hundred 40 pounds;

(d) be issued for periods of not less than five years.

5

2. Local bonds shall be exempt from stamp duty under the A.D. 1924. Stamp Act, 1891, and no duty shall be chargeable under section eight of the Finance Act, 1899, as amended by section ten of the Finance Act, 1907, in respect of the issue of any such bonds. 3. The provisions of section one hundred and fifteen of the Stamp Act, 1891 (which relates to composition for stamp duty) shall, with the necessary adaptations, apply in the case of any local authority by whom local bonds are issued as if those bonds were stock or funded debt of the authority within the meaning 10 of that section.

4. A local authority shall, in the case of any person who is the registered holder of local bonds issued by that authority of a nominal amount not exceeding in the aggregate one hundred pounds, pay the interest on the bonds held by that person without 15 deduction of income tax, but any such interest shall be accounted for and charged to income tax under the third case of Schedule D. subject, however, to any provision of the enactments relating to income tax with respect to exemption or abatement.

5. Local bonds issued by a local authority shall be accepted 20 by that authority at their nominal value in payment of the purchase price of any house erected by or on behalf of any local authority in pursuance of any scheme under this Act.

6. The Minister may, with the approval of the Treasury, make regulations with respect to the issue (including terms of 25 issue), transfer and redemption of local bonds and the security therefor, and any such regulations may apply, with or without modifications, any provisions of the Local Loans Act, 1875, and the Acts amending that Act, and of any Act relating to securities issued by the London County Council or by any other local 30 or public body.

35

(7) For the purposes of this Schedule the expression "local authority" includes a county council.

FIFTH SCHEDULE.

PROVISIONS AS TO REHOUSING IN CASE OF DISPLACEMENT OF
PERSONS OF THE WORKING CLASS.

(1) If in the administrative county of London or in any [1903, Sch.; borough or urban district, or in any parish not within a borough 1923,Sch.II.] or urban district, the undertakers have power to take under the enabling Act working-men's dwellings occupied by thirty 40 or more persons belonging to the working class, the undertakers shall not enter on any such dwellings in that county, borough, urban district, or parish, until the Minister has either approved of a housing scheme under this schedule or has decided that such a scheme is not necessary.