24. (1) The power of making and enforcing bye- A.D. 1924. laws under section seventy-two of the Public Health (Scotland) Act, 1897, with respect to houses or parts of Extension of power of houses which are let in lodgings or occupied by members making 5 of more than one family, shall, in the case of houses byclaws intended for the working classes, extend to the making respecting and enforcing of byelaws imposing any duty (being a houses duty which may be imposed by the byelaws and which divided into involves the execution of work) upon the owner within separate dwellings. 10 the meaning of the said Act of the said house, in [1909, s. 16.] addition to or in substitution for any other person 60 & 61 Vict. having an interest in the premises, and prescribing the c. 38. circumstances and conditions in and subject to which any such duty is to be discharged. 15 (2) For the purpose of discharging any duty so imposed, the owner or other person may at all reasonable times enter upon any part of the premises, and section one hundred and five of this Act shall apply as if for the reference to the provisions of this Part of this 20 Act there were substituted a reference to the provisions of such byelaws, and as if the person on whom such duty is imposed were the owner, and any inmate of the premises were the occupier of a dwelling-house. (3) Where an owner or other person has failed to 25 execute any work which he has been required to execute under the byelaws, the local authority may, after giving to him not less than twenty-one days' notice in writing, themselves execute the works and recover the costs and expenses, and for that purpose the provisions of section 30 three of this Act, with respect to the execution of works and the recovery of expenses by local authorities shall apply, with such modifications as may be necessary. owner for 25. Nothing in this Part of this Act shall prejudice Saving for or interfere with the right or remedies of any owner for remedies of 35 the breach, non-observance or non-performance of any breach of contract or obligation entered into by a tenant or lessee contract in reference to any dwelling-house in respect of which an &c. order is made by a local authority under this Part of this [1890, s. 48.] Act; and if any owner is obliged to take possession of 40 any house in order to comply with any such order, the taking possession shall not affect his right to avail himself of any such breach, non-observance or non-performance that may have occurred prior to his so taking possession. Duty of IMPROVEMENT AND RECONSTRUCTION SCHEMES. Improvement Schemes. 26. (1) Where an official representation is made local autho- to a local authority as respects any area in the district 5 of the local authority either rity to make scheme for improvement of unhealthy area. [1890, ss. 3 (a) that any houses, courts, or alleys within the area (b) that the narrowness, closeness, and bad arrange- 66 20 and that the most satisfactory method of dealing with (2) Any number of such areas may be included in one improvement scheme. 25 (3) Save as hereinafter provided, the provisions of this Part of this Act relating to improvement 35 schemes shall not apply to a district other than a burgh : Provided that it shall be lawful for the local authority of any district other than a burgh to apply to the Board for an order declaring that the said provisions 40 shall apply to their district, and the Board, if they are satisfied, after such inquiry (if any) as they may A.D. 1924. think fit, that the conditions of the whole or any part of the district approximate as regards housing to those of a burgh, and are such that it is desirable that the 5 said provisions should apply to the district, may make an order accordingly, and thereupon the said provisions shall apply to the district. 27.-(1) An official representation for the purposes Official of the last foregoing section shall mean a representation representa 10 made to the local authority by the medical officer of tions. health of that local authority. [1890, s. 5; 1923, (2) A medical officer of health shall make such Sch. II] representation whenever he sees cause to make the same; and if any two or more justices of the peace acting 15 within the district, or any four or more local government electors in the district complain to him of the unhealthiness of any area within such district, it shall be the duty of the medical officer forthwith to inspect the area and to make a report stating the facts of the case, and whether 20 in his opinion the said area or any part thereof is or is not an unhealthy area, and if he considers the case one proper for making an official representation he shall make such a representation. 25 30 35 40 Reconstruction Scheme. Duty of local authority to make 28. In any of the following cases- purposes, (i) dedicated as a highway or open space, or (ii) appropriated, sold, or let for the erection of dwelling-houses for the working classes, or (iii) exchanged with other neighbouring land which is more suitable for the erection A D. 1924. - Requisites of such houses, and which on exchange (b) where it appears to the local authority that the local authority shall pass a resolution to the above 66 20 Provisions as to Improvement and Reconstruction Schemes. 25 29.-(1) An improvement or reconstruction scheme for improve- of a local authority shall be accompanied by maps, particulars, and estimates, and ment and recon struction schemes. & 40; 1903, s. 7; 1909, s. 23; 1919, Sch. II.; 1923, Sch. I.] (a) may exclude any part of the area in respect of (b) may provide for widening any existing approaches 35 (c) shall provide for proper sanitary arrangements; and (d) may provide for any other matter (including the closing and diversion of highways) for 40 which it seems expedient to make provision A.D. 1924 (2) The scheme shall distinguish the lands proposed 5 to be taken compulsorily. (3) The scheme may also provide for the scheme or any part thereof being carried out and effected under the superintendence and control of the local authority by any person having such interest in any property 10 comprised in the scheme as may be sufficient to enable him to carry out and effect the same upon such terms and conditions to be embodied in the scheme as may be agreed upon between the local authority and such 15 person. (4) Where by or in consequence of an improvement or reconstruction scheme persons of the working classes in the area affected by the scheme will be displaced, the scheme shall, if the Board so require (but it shall not otherwise be obligatory on the local authority 20 so to frame their scheme), provide for the accommodation of such number of those persons so displaced in suitable dwellings to be erected in such place or places either within or without the limits of the same area as the Board, on a report made by the officer 25 conducting the local inquiry hereinafter mentioned, may require. (5) A local authority may, for the purpose of providing such accommodation, appropriate any lands for the time being belonging to them which are suitable for 30 the purpose, or may purchase by agreement any such further lands as may be convenient. 35 40 30. As soon as an improvement or reconstruction Publication scheme has been prepared the local authority shall of notices, forthwith &c. Sch. I.] (a) publish in a newspaper circulating within the & 39; |