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Housing, Town Planning, &c. Act 1919
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- 1919 c. 35
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SCHEDULES.
Section 9.
FIRST SCHEDULERules for Determining the Amount of Reduction of Compensation
(a)
The value of the whole of the land included in the scheme shall first be ascertained on the basis of its value as a cleared site available for development in accordance with the requirements of the building byelaws in force in the district.
(b)
The value of the whole of the said land shall next be ascertained on the basis of its value as a cleared site subject to the requirements of the scheme as to the provision to be made for the rehousing of persons of the working-classes or the laying out of open spaces on the laud or any part thereof.
(c)
The difference between the amounts ascertained under paragraph (a) and paragraph (b) shall then be computed.
(d)
The amount by which the compensation payable for the respective interests in the land to which section nine of this Act applies, as ascertained in accordance with the principle laid down in that section, is to be reduced shall be a fraction thereof equal to the amount arrived at under paragraph (c) when divided by the amount arrived at under paragraph (a).
Section 39.
SECOND SCHEDULEAmendments as to Procedure under Part I and Part II of the Principal Act and Minor Amendments of the Housing Acts
| Enactment to be amended. | Nature of Amendment. |
|---|---|
| Housing of the Working Classes Act, 1890 (53 & 54 Vict. c. 70): | |
| s. 5 (2) | For the words " two or more justices " there shall be substituted the words " any justice, " and for the word " twelve " there shall be substituted the word " six. " |
| s. 6 (3) | For the words " the person entitled to the first " estate of freehold in any property comprised " in the scheme, or with the concurrence of " such person " there shall be substituted the words " any person having such interest in any " property comprised in the scheme as may be " sufficient to enable him to carry out and effect " the same." |
| s. 12 (6) | For the words " the person entitled to the first " estate of freehold in any land comprised in an " improvement scheme " there shall be substituted the words " any person having such " interest in any land comprised in an improvement scheme as may be sufficient to enable " him to carry out and effect the same." |
| s. 7 | After the words " the local authority shall" there shall be inserted the word " forthwith. " |
| s. 7 (a) | The words " during three consecutive weeks in the " month of September or October or November " shall be omitted. Substitute " a " for "some " one and the same." |
| s. 7 (b) | The words " during the month next following the " month in which such advertisement is published " shall be omitted. After " occupier " there shall be inserted " (except tenants for a " month or a less period than a month)." |
| s. 8 (5) | For the word "copy "there shall be substituted the word " notice. " The words " except tenants " for a month or a less period than a month " shall be omitted. |
| s. 12(1) | At end there shall be inserted the words " provided " that the Local Authority shall not be required " to acquire any leasehold interest in any " property comprised in a scheme which can be " allowed to expire without unduly delaying " the execution of the scheme." |
| s. 14 | The whole section shall be omitted. |
| s. 16 (1) | For the words " twelve or more ratepayers have " complained " there shall be substituted the words " complaint has been made, " and after the word " district" there shall be inserted the words " by any person or persons competent " under the foregoing provisions of this part of " this Act to make such complaint," and for the word " ratepayers" there shall be substituted the words " complainant or complainants, as the " case may be." |
| For the words from "and upon" to "the con" firming authority shall " there shall be substituted the words " and the confirming authority " may." | |
| s. 31 (1) | For the words " in any district any four or more " householders living in or near to any street " there shall be substituted the words " any justice " of the peace acting for a district, or any four " or more householders in a district," and the words " in or near that street " shall be omitted. |
| s. 31 (2) | Before the word " householders " there shall be inserted the words " justice of the peace or " |
| s. 38 (2) | Before the words " any four or more inhabitant " householders of" there shall be inserted the words " any justice of the peace acting for a " district, or " |
| s. 45 (1) | After the words " where the medical officer of " health " there shall be inserted the words " inspector of nuisances or other officer of the " district authority." |
| s. 57 (3) | The words " if not a rural sanitary authority " and the words " and if a rural. sanitary authority " with the consent of the county council of the " county in which the land is situate " shall be omitted. |
| s. 81 | The word " or " shall be inserted before the words " to make any rate. " The words " out of their " own number," and the words " or to enter " into any contract " shall be omitted. After the words " provided that a committee so " appointed shall" there shall be inserted the words " consist as to a majority of its members " of members of the appointing local authority, " and shall. " |
| First Schedule | For the words "The Commissioners of Sewers" there shall be substituted " The Common " Council," and for the words " The sewer rate " and the consolidated rate levied by such Com" missioners, or either of such rates," there shall be substituted the words " The General " Rate." |
| Second Schedule— | |
| Paragraph (1) | For the words " as soon as practicable after the " passing of the confirming Act" there shall be substituted the words " before making an " application for the appointment of an arbitrator as hereinafter mentioned." |
| After the word "occupiers '"there shall be inserted the words '' except tenants for a month or a less " period than a month. " | |
| Paragraph (4) | For the words " has not been " there shall be substituted the words " is not. " |
| Paragraph (6) | For the words beginning " and the local authority " shall publish" to the end of the paragraph there shall be substituted the words " Before " applying to the arbitrator to determine the " compensation in respect of any particular " lands or interest therein, the local authority " shall send a notice by post of their intention " to the owners or reputed owners, lessees or " reputed lessees, so far as they can be reason" ably ascertained." |
| Paragraph (7) | The words from " shall ascertain " to " willing to " pay; and" shall be omitted, and for the words " he shall proceed " there shall be substituted the words " shall proceed. " |
| Paragraph (8) | The words " by causing such notice to be published " or otherwise in such manner as he thinks " advisable " and the words " in disputed cases " as to the amount of compensation to be paid " shall be omitted. |
| Paragraph (9) | The words "(subject to the provisions concerning " an appeal hereinafter contained) " shall be omitted. |
| Paragraph (10) | For the words from " and the local authority shall " thereupon " to the end of the paragraph there shall be inserted the words " The title in the " case of a person claiming a fee simple interest " in any lands included in any such award as " aforesaid shall commence twenty years pre" vious to the date of the claim except there has " been an absolute conveyance on sale within " twenty years and more than ten years previous " to the claim when the title shall commence " with such conveyance. Provided that the " local authority shall not be prevented if they " think fit from requiring at their own expense " any further abstract or evidence of title " respecting any lands included in any such " award as aforesaid in addition to the title " 'hereinbefore mentioned." |
| Paragraph (12) | The words from " The local authority, or any " person interested " to the end of the paragraph shall be omitted. |
| Paragraph (14) | For the words '' such statement and abstract as " aforesaid " there shall be substituted the words " a statement in writing by any person claiming " any right to, or interest in, the lands and an " abstract of title on which the same is " founded." |
| Paragraphs (22), (26) and (27). | These paragraphs shall be omitted. |
| Paragraph (29) (1) (c). | For the words " before the appointment of the " arbitrator " there shall be substituted the words " not less than 14 days before the date of the " arbitration in that particular case." |
| Paragraph (30) | After the word "documents" there shall be inserted the words " other than any formal " offer made by the local authority." |
| Paragraph (32) | Substitute " a " for " someone and the same." |
| Housing of the Working Classes Act, 1903 (3 Edw. 7. c. 39): | |
| s, 4 (2) | For the word " twelve " in both places where the word " twelve " occurs there shall be substituted the word " six. " |
| Housing, Town Planning, &c. Act, 1909 (9 Edw. 7. c. 44): | |
| s. 17 (3) | For the word "order." where it last occurs, shal be substituted the word " notice. " |
| s. 17 (4) | For the words " every occupying tenant' shall be substituted the words " the occupier. " |
| s. 17 (7) | After the words " nearest to the room " insert the words " or more than three feet below the " surface of any ground within nine feet of the " room." |
| s. 18 (3) | At the end the following words shall be inserted : " and if and when the necessary works are " completed to their satisfaction, the local " authority shall determine the closing and " demolition orders relating to the dwelling" house." |
| s. 18 (4) | For the word " order," where it last occurs, shall shall be substituted the word " notice " ; and at the end of the subsection the following words shal, be inserted: " or where the operation of the " order has been postponed for any period within " fourteen days after the expiration of that " period." |
| s. 39 (1) | At the end of the proviso (b) the following words shall be inserted: " unless the appellant fails to " prosecute his appeal with due diligence." |
| s. 69 (1) | For the words " or information " shall be substituted the words " information or closing order. " |
Section 48.
THIRD SCHEDULEMinor and Consequential Amendments of the Provisions as to Town Planning
| Enactment to be amended. | Nature of Amendment. |
|---|---|
| Housing, Town Planning, &c. Act, 1909 (9 Edw. 7. c. 44): | |
| Section 54 | At the end of subsection (1) the following proviso shall be inserted :— “Provided that where a piece of land already built upon or a piece of land not likely to be used for building purposes is so situate with respect to any land likely to be used for building purposes that the general object of the scheme would be better secured by its inclusion in any town planning scheme made with respect to the last-mentioned land, the scheme may include such piece of land as aforesaid, and may provide for the demolition or alteration of any buildings thei-eon so far as may be necessary for carrying the scheme into effect.” |
| Subsection (3) shall be omitted. | |
| Section 56 | In subsection (1) for the words " applications for " authority to prepare or adopt a town planning " scheme, the preparation of the scheme " there shall be substituted the words " the preparation " or adoption of a town planning scheme," and after the word " adopted " there shall be inserted the words " the variation or revocation of a " scheme," and after the words "the provisions " thereof " there shall be inserted the words " or " the variation or revocation of the scheme." |
| In paragraph (a) of subsection (2) for the words " at every stage of the proceedings, by means of " conferences and such other means " there shall be substituted the words " by such means. " | |
| Section 58 | In subsection (2) for the words " time at which the " application for authority to prepare the scheme " was made " there shall be substituted the words " date of the resolution of the local " authority to prepare or adopt the scheme or " after the date when such resolution takes " effect as the case may be " and for the words " the application was made " there shall be substituted the words " such date or other time " as aforesaid." |
| Section 59 | In subsection (2) the words " with a view to " securing the amenity of the area included in " the scheme or any part thereof" shall be omitted. |
| Section 65 | In subsection (2) after the words " made there" under " where they secondly occur there shall be inserted the words " including the cost of " the preparation or adoption of a scheme." |
| Fourth Schedule | In paragraph (18) the words " by means of " conferences, &c." shall be omitted. |
| Fifth Schedule | In paragraph (1) for the words " and for the " purpose of an application for authority to " prepare or adopt " there shall be substituted the words " the preparation or adoption of, " and for the words " Submission of plans and " estimates" there shall be substituted the words " Preparation and deposit of plans. " |
Section 49.
FOURTH SCHEDULE
PART IForm of Endorsed Receipt
PART IIEffect of Endorsed Receipt
(1)
Any such receipt shall operate—
(a)
In the case of land in fee simple comprised in the mortgage, as a conveyance or re-conveyance (as the case may be) of the land to the person (if any) who immediately before the execution of the receipt was entitled in fee simple to the equity of redemption, or otherwise to the mortgagor in fee simple to the uses (if any) upon the trusts subject to the powers and provisions which at that time are subsisting or capable of taking effect with respect to the equity of redemption or to uses (if any) which correspond as nearly as may be with the limitations then affecting the equity of redemption ;
(b)
In the case of other property, as an assignment or re-assignment (as the case may be) thereof to the extent of the interest which is the subject-matter of the mortgage, to the person who immediately before the execution of the receipt was entitled to the equity of redemption :
Provided that (except as hereinafter mentioned) where, by the receipt, the money appears to have been paid by a person who is not entitled to the immediate equity of redemption, then, unless it is otherwise expressly provided, the receipt shall operate as if the mortgage had been a statutory mortgage and the benefit thereof had, by deed expressed to be made by way of statutory transfer of mortgage, been transferred to him ; but this provision shall not apply whore the mortgage is paid off out of capital money, or other money in the hands of a personal representative or trustee properly applicable for the discharge of the mortgage, unless it is expressly provided that the receipt is to operate as a transfer.
(2)
Nothing in this schedule shall confer on a mortgagor a right to keep alive a mortgage, paid off by him, so as to affect prejudicially any subsequent incumbrancer ; and where there is no right to keep the mortgage alive, the receipt shall not operate as a transfer.
(3)
In any such receipt the same covenants shall be implied as if the person who executes .the receipt had by deed been expressed to convey the property as mortgagee.
(4)
Where a mortgage consists of a mortgage and a further charge or of more than one deed, it shall be sufficient if the receipt refers either to all the deeds whereby the mortgage money is secured or to the aggregate amount of the mortgage money thereby secured and is endorsed on, written at the foot of, or annexed to, one of the mortgage deeds.
(5)
In this schedule the expressions " mortgage " " mortgage money " " mortgagor" and " mortgagee" have the same meanings as in the [44 & 45 Vict. c. 41.] Conveyancing Act, 1881.
Section 50.
FIFTH SCHEDULEEnactments Repealed
| Session and Chapter. | Short Title. | Extent of Repeal. |
|---|---|---|
| 53 & 54 Vict. c. 70. | The Housing of the Working Classes Act, 1890. | Sections fourteen, sixty and sixty-four and subsection (2) of section fifty-seven. |
| 63 & 64 Vict. c. 59. | The Housing of the Working Classes Act, 1900. | Section five. |
| 3 Edw. 7. c. 39 | The Housing of the Working Classes Act, 1903. | Subsection (1) of section five. |
| 9 Edw. 7. c. 44 | The Housing, Town Planning, &c. Act, 1909. | Subsection (2) of section four, sections six, sixteen, thirty-two and seventy-two and in the First Schedule the paragraph numbered (7). |
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