session is taken of any working-men's dwellings under Sch. (03). the enabling Act.

(7.) Before approving any scheme the Local Government Board may if they think fit require the undertakers to give such security as the Board consider proper for carrying the scheme into effect.

(8.) The Local Government Board may hold such inquiries as they think fit for the purpose of their duties under this schedule, and subsections one and five of section eighty-seven of the Local Government Act, 1888 (which relate to local inquiries), shall apply for the purpose, and where the undertakers are not a local authority shall be applicable as if they were such an authority.

(9.) If the undertakers enter on any working-men's dwelling in contravention of the provisions of this schedule, or of any conditions of approval of the housing scheme made by the Local Government Board, they shall be liable to a penalty not exceeding five hundred pounds in respect of every such dwelling:

Any such penalty shall be recoverable by the Local Government Board by action in the High Court, and shall be carried to and form part of the Consolidated Fund.

(10.) If the undertakers fail to carry out any provision of the housing scheme, the Local Government Board may make such order as they think necessary or proper for the purpose of compelling them to carry out that provision, and any such order may be enforced by mandamus.

(11.) The Local Government Board may, on the application of the undertakers, modify any housing scheme which has been approved by them under this

Sch. (03)

Schedule, and any modifications so made shall take effect as part of the scheme.

(12.) For the purposes of this schedule

(a) The expression "undertakers" means any authority, company, or person who are acquiring land compulsorily or by agreement under any local Act or Provisional Order or order having the effect of an Act, or are acquiring land compulsorily under any general Act:

(b) The expression "enabling Act" means any Act
of Parliament or Order under which the land is
acquired:

(c) The expression "local authority" means the
council of any administrative county and the
district council of any county district, or, in
London, the council of any metropolitan borough
in which in any case any houses in respect of which
the re-housing scheme is made are situated, or
in the case of the city the common council:
(d) The expression "dwelling" or "house" means
any house or part of a house occupied as a separate
dwelling:

66

(e) The expression working class" includes mechanics, artisans, labourers, and others working for wages; hawkers, costermongers, persons not working for wages, but working at some trade or handicraft without employing others, except members of their own family, and persons other than domestic servants whose income in any case does not exceed an average of thirty shillings a week, and the families of any of such persons who may be residing with them.

HOUSING, TOWN PLANNING, &c., ACT, 1909

[9 EDW. 7. CH. 44.]

ARRANGEMENT OF SECTIONS

PART I.-HOUSING OF THE WORKING CLASSES

Facilities for Acquisition of Lands and other Purposes of the Housing Acts 1. Part III of the principal Act to take effect without adoption -2. Provisions as to acquisition of land under Part III of the principal Act-3. Loans by Public Works Loan Commissioners to local authorities-4. Loans by Public Works Loan Commissioners to public utility societies-5. Payment of purchase or compensation money (which would otherwise be paid into court) on direction of Local Government Board-6. Provision of public streets in connexion with exercise of powers under Part III of the principal Act-7. Expenditure of money for housing purposes in case of settled land. 8. Donations for housing purposes-9. Provisions with respect to money applicable under trusts for housing purposes.-Powers of enforcing Execution of Housing Acts 10. Power of Local Government Board on complaint to enforce exercise of powers-11. Power of Local Government Board to order schemes, &c., to be carried out within a limited time-12. Powers of county council to act in default of rural district council under Part III of the principal Act-13. Power of county council to exercise powers of rural district council under Part III of the principal ActContracts by Landlord 14. Extension of section 75 of the principal Act-15. Condition as to keeping houses let to persons of the working classes in repair-16. Extension of power of making byelaws with respect to lodging-houses for the working classes.-Amendment of Procedure for Closing Orders and Demolition Orders: 17. Duty of local authority as to closing of dwelling-house unfit for human habitation-18. Order for demolition-19. Power to redeem annuities charged by charging order under section 36 of the principal Act20. Provision as to priority of charges under section 37 of the principal Act-21. Restriction on power of court of summary jurisdiction to extend time.-Amendments with respect to Improvement and Reconstruction Schemes: 22. Amendment of section 4 of the principal Act as to official representation-23. Amendment of the principal Act as to contents of schemes-24. Amendment of 3 Edw. 7. c. 39. s. 5.25. Modification of schemes-26. Inquiries by Local Government Board inspectors as to unhealthy areas-27. Amendment as to the vesting of water pipes, &c.-28. Amendment of section 38 of the

principal Act as to distribution of compensation money and as to betterment charges-29. Explanation of sections 21 (2) and 41 (3) of the principal Act.-Amendments with respect to Financial Matters: 30. Amendment as to application of money borrowed for the purpose of the Dwelling-house Improvement Fund-31. Expenses of rural district council under Part III of the principal Act-32. Application of proceeds of land sold under Part III of the principal Act-33. Mode in which contributions by London borough councils to the county council or vice versâ may be made-34. Exemption from section 133 of 8 & 9 Vict. c. 18-35. Exemption of lodging-houses for the working classes from Inhabited House Duty.-General Amendments: 36. Power of entry-37. Power of Local Government Board to obtain a report on any crowded area-38. Joint action by local authorities-39. Appeals to Local Government Board-40. Sale and disposal of dwellings— 41. Power to prescribe forms and to dispense with advertisements and notices-42. Provision as to publication in London Gazette43. Prohibition of back-to-back houses-44. Power to Local Government Board to revoke unreasonable byelaws-45. Saving of sites of ancient monuments, &c.—46. Minor amendments of Housing Acts.— Definitions: 47. Provisions of this Part to be deemed to be part of the appropriate Part of the principal Act-48. Amendment of definitions in Part I of the principal Act-49. Amendment of definitions for purpose of Part II of the principal Act-50. Definition of cottage51. Definition of Housing Acts.—Application of Part I to Scotland: 52. Extension of 63 & 64 Vict. c. 59 and 3 Edw. 7. c. 39 to Scotland -53. Application of Housing Acts to Scotland.

PART II.-TOWN PLANNING

§ 54. Preparation and approval of town planning scheme-55. Contents of town planning schemes-56. Procedure regulations of the Local Government Board-57. Power to enforce scheme-58. Compensation in respect of property injuriously affected by scheme, &c.-59. Exclusion or limitation of compensation in certain cases60. Acquisition by local authorities of land comprised in a scheme— 61. Powers of Local Government Board in case of default of local authority to make or execute town planning scheme-62. Determination of matters by Local Government Board-63. Inquiries by Local Government Board-64. Laying general provisions before Parliament-65. Definition of local authority, and expenses-66. Application to London-67. Application of Part II to Scotland.

PART III.-COUNTY MEDICAL OFFICERS, COUNTY PUBLIC HEALTH AND HOUSING COMMITTEE, &c.

§ 68. Appointment, duties and tenure of office of county medical officers-69. Duty of clerk and medical officer of health of district council to furnish information to medical officer of health of county council-70. Extent of Part III-71. Public health and housing committee of county councils-72. Formation and extension of building societies.

PART IV.-SUPPLEMENTAL

§ 73. Provisions as to commons and open spaces-74. Provisions as to land in neighbourhood of royal palaces or parks-75. Repeal — .76. Short title and extent.

SCHEDULES.

An Act to amend the Law relating to the Housing of the

Working Classes, to provide for the making of Town Planning schemes, and to make further provision with respect to the appointment and duties of County Medical Officers of Health, and to provide for the establishment of Public Health and Housing Committees of County Councils. [3rd December 1909.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

PART I

HOUSING OF THE WORKING CLASSES

Facilities for Acquisition of Lands and other Purposes of the Housing Acts

1. Part III of the Housing of the Working Classes Act, 1890 (in this Part of this Act referred to as the principal Act), shall, after the commencement of this Act, extend to and take effect in every urban or rural district, or other place for which it has not been adopted, as if it had been so adopted.

2. (1.) A local authority may be authorised to purchase land compulsorily for the purposes of Part III of the principal Act, by means of an order submitted to the Local Government Board and confirmed by the Board in accordance with the First Schedule to this

Act.