Housing : being the annotated texts of The Housing Act, 1957 and the Housing (Financial Provisions) Act, 1958 / by J.D. James.

  • Great Britain
Date:
1958
Catalogue details

Licence: Public Domain Mark

Credit: Housing : being the annotated texts of The Housing Act, 1957 and the Housing (Financial Provisions) Act, 1958 / by J.D. James. Source: Wellcome Collection.

    86/596 (page 58)
    No. 109.—HOUSING Local authority. Sees. 1, ante, ands. 41, post. Purchase that house. As to purchases by agreement or compulsorily, see generally Chapter 2 of the Introduction, at pp. 6, 7, ante. As to compulsory purchases, note that the procedure is that of the Acquisition of Land (Authorisation Procedure) Act, 1946 (39 Statutes Supp. 4; 3 Halsbury’s Statutes (znd Edn.) 1064), applied for this purpose by para. I (1) of the First Schedule, post. As to compensation, see sub-s. (4), supra; and note ss. 30 and 31, fost, there referred to, relating to well-maintained houses, certain owner-occupied and business premises, and also s. 32, post, relating to discretionary payments to persons displaced. Minister. J.e., the Minister of Housing and Local Government; sees. 189 (1), post. Sub-s. (2). Confirm. See the Acquisition of Land (Authorisation Procedure) Act, 1946, First Schedule, Part I, para. 4 (39 Statutes Supp. 16; 3 MHalsbury’s Statutes (2nd Edn.) 1076). Within six months. Cf. the cases cited in the note “‘ Within twenty-one days ”’, to s. II (I), ante. Determination of the appeal. For the meaning of the “ final determination ” of an appeal, see s. 37 (2), post. Owner. For meaning, see s. 189 (1), post. Unless that person has failed. In order to operate this part of the subsection, the Minister will presumably delay his formal decision on the compulsory purchase order while the person is afforded his opportunity to carry out the works; 1.e., during the period fixed by the Minister. Semble, the Minister may extend the time; see the Interpretation Act, 1889, s. 32 (24 Halsbury’s Statutes (2nd Edn.) 225), whereunder statutory powers and duties may be exercised from time to time as occasion requires. Thus if the period fixed proves too short, it is suggested the Minister may fix another. Sub-s. (3). Forthwith. On the meaning of this word, cf. Re Southam, Ex parte Lamb (1881), 19 Ch.D. 169 at p. 173; 4 Digest 532; 4876; Re Muscovitch, Ex parte Muscovitch, [1939] 1 All E.R. 135 at p. 139; Digest Supp.; and Brown v. Bonnyrigg and Lasswade Magistrates, [1936] S.C. 258; Digest Supp. Sub-s. (4). The compensation, etc. The Lands Clauses Acts are incorporated for the purposes of this section by virtue of the First Schedule, post, and the Acquisition of Land (Authorisation Procedure) Act, 1946, subject to the modifications made by this Act, by the 1946 Act, and by other statutes; see Chapter 2 of the Introduction, p. 5, ante. The present subsection resembles s. 59 (2), post, in providing for compensation at site value. At the time when the valuation is made; as a cleared site; available for development. See the notes to similar words in s. 59 (2), post. Building byelaws. For meaning, sees. 189 (1), post. 13. Recovery by lessees of proportion of cost of execution of. works.—(1) Where any person who incurs expenditure in complying with a notice under the foregoing provisions of this Part of this Act requiring the execution of works or in defraying expenses incurred by a local authority under those provisions in carrying out such works, is a lessee of the house or the agent of such a lessee, the lessee may recover from the lessor under the lease such part (if any) of that expenditure as may, in default of agreement between the parties, be determined by the county court to be just having regard— (a) to the obligations of the lessor and the lessee under the lease with respect to the repair of the house, (b) to the length of the unexpired term of the lease, (c) to the rent payable under the lease, and (d) to all other relevant circumstances. 2) (2) Where a person from whom any sum is recoverable under the fore- going subsection is himself a lessee of the house, the provisions of that sub- section shall apply as if any sum so recoverable from him were expenditure as mentioned in that subsection. ! (3) The foregoing provisions of this section shall not apply in relation to any expenditure in respect of which a charging order is in force under this Part of this Act, or in respect of which an application for such an order is for the time being pending.