§ (1) It shall be the duty of every local authority within the meaning of Part II. of the principal Act to cause to be made from time to time inspection of their district, with a view to ascertain whether any dwelling-house there in is in a state so dangerous or injurious to health as to be unfit for human habitation, and, if on the representation of the medical officer of health, or of any officer of the authority, or information given, any dwelling-house appears to them to be in such a state, to make an order prohibiting the use of the dwelling-house for human habitation (in this Act referred to as a closing order) until in the judgment of the local authority the dwelling-house is rendered fit for that purpose.
§ (2) Notice of a closing order shall be forthwith served on every owner ct the dwelling-house in respect of which it is made, and any owner aggrieved by the order may appeal to the Local Government Board by giving notice of appeal to the Board within fourteen days after the order is served upon him.
§ (3) Where a closing order has become operative, the local authority shall serve notice of the order on every occupying tenant of the dwelling-house in respect of which the order is made, and within such period as is specified in the notice, not being less than seven days after the service of the notice, the order shall be obeyed by him, and he and his family shall cease to inhabit the dwelling-house, and in default he shall be liable on summary conviction to a fine not exceeding twenty shillings for every day during which the default continues.
§ (4) The local authority may make to every such tenant such reasonable allowance on account of his expense in removing, as may be determined by the local authority with the consent of the owner of the dwelling-house, or if the owner of the dwelling-house fails to consent to the sum determined by the local authority, as may he fixed by a court of summary jurisdiction, and the amount of the said allowance shall be recoverable by the local authority from the owner of the dwelling-house as a civil debt in manner provided by the Summary Jurisdiction Acts.
1710§ (5) The local authority shall determine any closing order made by them if they are satisfied that the dwelling-house in respect of which it has been made has been rendered fit for human habitation.
§ If on the application of any owner of a dwelling-house, the local authority refuse to determine a closing order, the owner may appeal to the Local Government Board by giving notice of appeal to the Board within fourteen days after the application is refused.
§ (6) Where an appeal is made to the Local Government Board under this section the Local Government Board shall not dismiss the appeal without having first held a public local inquiry.
§ (7) A room habitually used as a sleeping-place, the surface of the floor of which is more than three feet below the surface of the part of the street adjoining or nearest to the room, shall for the purposes of this section be deemed to be a dwelling-house so dangerous or injurious to health as to be unfit for human habitation, if the room either—
- (a) is not sufficiently protected against dampness, effluvia, or exhalation; or
- (b) is not sufficiently ventilated; or
- (c) is not in every part thereof at least seven feet in height from floor to ceiling; or
- (d) is not, to the extent of one foot at least in height, above the level of the surface of the part of the street adjoining or nearest to the room; or
- (e) has not one or more windows opening directly into the external air, with a total area clear of the sash frames equal to at least one-tenth of the floor area of the room, and so constructed that one-half at least of each window of the room can be opened, the opening in each case extending to the top of the window; or
- (f) is not provided along the entire frontage thereof with an open area properly paved, at least four feet wide in every part thereof: Provided that in the area there may be placed steps necessary for access to the room, and over and across the area there may he, steps necessary for access to any buildings above the room, if the steps are so placed in each case as not to be over or across any external window.
§ This Sub-section shall not come into operation until the first day of July nineteen hundred and ten.
§ Amendments made: In Sub-section (1), after the word "and" ["human habitation and"], to insert the words "for that purpose it shall be the duty of the local authority and of every officer of the local authority to comply with such regulations and to keep such records as may be prescribed by the Board. (2)"
§ After the word "state" ["such a state"] to insert the words "it shall be their duty."
§ To insert at end of Clause the words "and a closing order made in respect of any room to which this Sub-section applies shall not be treated as a closing order in respect of a dwelling-house for the purposes of the next succeeding Section."— [Mr. Burns.]