Public Health (Scotland) Act, 1897, and section one hundred and forty-four of that Act, so far as relating to the purchase of land by agreement, shall apply accordingly. A.D. 1924. 5 51. A local authority may be authorised to purchase Power to land compulsorily for the purposes of this Part of this acquire land Act by means of an order submitted to the Board and compul 10 confirmed by the Board in accordance with the Third sorily. [1909, ss. 2 Schedule to this Act: Provided that nothing in this Act shall authorise the compulsory acquisition for the purposes of this Part of this Act of any land which is the property of any local authority, or has been acquired by any corporation or company for the purposes of a railway, dock, canal, 15 water or other public undertaking, or which at the date of the order forms part of any park, garden or pleasure ground, or is otherwise required for the amenity or convenience of any house. (1) & 45.] 52. A local authority may, with the consent of the Power to 20 Board, appropriate, for the purposes of this Part of this appropriate Act, any houses or land which may be for the time being land. vested in them, or at their disposal. [1890, s. 57 (3).] to local 53. The trustees of any dwelling-houses for the Power of working classes for the time being provided in any trustees to 25 district by private subscriptions or otherwise may, with sell land the consent of a majority of the committee or other persons authority. by whom they were appointed trustees, sell, feu or lease [1890, s. 58.] the houses to the local authority of the district, or make over to them the management thereof. 30 Management of Houses provided by Local Authorities. in local 54. (1) The general management, regulation and Management control of the dwelling-houses provided by a local autho- vested rity under this Part of this Act, or any enactment authority. repealed by this Act, shall be vested in and exercised by [1890, s. 61.] 35 the local authority. (2) The local authority may make such reasonable charges for the tenancy or occupation of the dwellinghouses so provided as they may by regulations determine. 55. (1) The local authority may make byelaws for Byelaws for 40 the management, use and regulation of dwelling-houses regulation provided by them. of houses. A.D. 1924. (2) The local authority shall, as respects lodginghouses provided by them (that is to say, houses not [1890, ss. 62, occupied as separate dwellings) by byelaws, make sufficient provision for the following purposes : 71 & Sch. VI.] (a) for securing that the lodging-houses shall be 5 (c) for preventing damage, disturbance, interrup- (d) for determining the duties of the officers, servants 15 and others appointed by the local authority; and a printed copy or sufficient abstract of the byelaws relating to lodging-houses shall be put up and at all times kept in every room therein. (3) Any fine for the breach of any such byelaw 20 shall be paid to the credit of the fund or rate out of which the expenses of this Part of this Act are defrayed. 56. A dwelling-house provided in any district under this Part of this Act, or any enactment repealed [1890, s. 70.] by this Act, shall be at all times open to the inspection 25 of the local authority of that district or of any officer from time to time authorised by the local authority. Inspection of houses. Power of promoting and assisting public utility societies. [1919, s. 15 (1) & (2).] Provision of Houses by Public Utility Societies and 57. (1) A local authority or a county council may 30 promote the formation or extension of, or subject to the provisions of this Act, assist a public utility society whose objects include the erection, improvement or management of dwelling-houses for the working classes. (2) Any local authority or county council, with the 35 consent of and subject to any regulations or conditions which may be made or imposed by the Board, may, for the assistance of such a society (a) make grants or loans to the society; (b) subscribe for any share or loan capital of the 40 society; (c) guarantee or join in guaranteeing the payment A.D. 1924. society; 5 on such terms and conditions as to rate of interest and repayment or otherwise, and on such security as the local authority or county council think fit, and, notwithstanding the provisions of section four of the Industrial and Provident Societies Act, 1893, where a local 10 authority or county council assist such a society under this subsection, the local authority or county council shall not be prevented from having or claiming an interest in the shares of the society exceeding two hundred pounds. 15 vide houses 58. Any railway company, or dock or harbour Powers to company or any other company, society, or association, companies, established for trading or manufacturing purposes in the &c., to procourse of whose business or in the discharge of whose for working duties persons of the working class are employed, may classes. 20 and are hereby (notwithstanding any Act of Parliament, [1890, s. 68.] or charter or any rule of law to the contrary) authorised at any time to erect, either on their own land or on any other land (which they are hereby authorised to purchase or take on feu and hold for the purpose and to pay for 25 out of any funds at their disposal) dwelling-houses for the accommodation of all or any of the persons of the working class employed by them. Duty of Local Authorities to make Byelaws. Byelaws as to houses for the working 59. It shall be the duty of the local authority of 30 every burgh to make, with respect to dwelling-houses used or intended to be used for occupation by the working classes, byelaws with respect to the following matters: classes in (a) the maximum number of houses to be erected on a given extent of ground; 35 40 (b) the number of storeys in a tenement containing (c) the subdivision of houses; (d) the number of adult persons and children who burghs. [1919, s. 42.] 4.D. 1924. Byelaws as to oceupancy of houses for working classes in districts other than Procedure (e) the provision of a separate watercloset, bath, scullery, larder, adequate press accommodation and accommodation for the storage of coal for each house, and facilities for washing and drying clothes; (f) the provision of open spaces about houses: 5 Provided that byelaws relating to paragraphs (a), (b) and (f) shall apply to new houses only, byelaws relating to paragraphs (c) and (d) shall apply to new houses and also to existing houses, and byelaws relating 10 to paragraph (e) shall apply to new houses and also, so far as is reasonably practicable, to existing houses. In this section the expression "existing house means a house erected or in the course of erection at the time when such byelaws come into force, or a house the 15 plans for the erection of which have been approved at that time. 60. The local authority of every district other than a burgh shall make byelaws regulating the occupancy of dwelling-houses used or intended to be used for occupa- 20 tion by the working classes, and prescribing, in accordance with a cubic space standard, the number of adult persons and children who may occupy such houses. Enforcement of Provisions of Part III. 61.-(1) Where a complaint is made to the Board— 25 (b) as respects any other district by any four or more local government electors in the district; that the local authority have failed to exercise their powers under this Part of this Act in cases where those 35 powers ought to have been exercised, the Board may cause a public local inquiry to be held. (2) If after holding such an inquiry, the Board are satisfied that there has been such a failure on the part of the local authority, it shall be lawful for the 40 Board, with the approval of the Lord Advocate, to apply by summary petition to either Division of the A.D. 1924. Court of Session, or during vacation or recess to the Lord Ordinary on the Bills, which Division or Lord Ordinary are hereby authorised and directed to do 5 therein and to dispose of the expenses of the proceedings as to the said Division or Lord Ordinary shall appear to be just. local authority. [1919, s. 3.] 62.-(1) Where the Board are of opinion that a Power of local authority have failed, or, in cases where a joint Board to act 10 scheme has been or, in the opinion of the Board, ought in place of to be prepared, the local authorities concerned have failed, to fulfil their duty as to the preparation of schemes under this Part of this Act or their obligations under any such scheme, the Board may cause a public local inquiry to be 15 held by a person appointed by the Board (not being a member of the Board or in the employment of the Board), and, if after the inquiry the Board are satisfied that there has been such a failure on the part of the local authority or authorities concerned, the Board may themselves pre20 pare and carry into execution a scheme, or take such steps as may be necessary to carry into execution any scheme. prepared by the local authority or by two or more local authorities jointly, and shall for that purpose have all the powers of a local authority under this Act, and this 25 Act shall, with the necessary modifications and adaptations, apply accordingly. (2) Any expenses incurred by the Board in the exercise of such powers as aforesaid shall, in the first instance, be paid out of moneys provided by Parliament, 30 but the amount certified by the Board to have been so expended, and to be properly payable by a local authority, shall on demand be paid to the Board by the local authority and shall be recoverable as a debt due to the Crown. 35 Supplemental. corpora 63. Any body corporate holding land may sell, feu, Sale of land exchange or lease the land for the purpose of the erection for housing of dwelling-houses for the working classes at such price, purposes by or for such consideration or for such feuduty or rent as, tions. having regard to the said purpose and to all the circum- [1890, s. 74 40 stances of the case, is the best that can reasonably be (2).] obtained, notwithstanding that a higher price, consideration or feuduty or rent might have been obtained if the land were sold, feued, exchanged or leased for another purpose. |