HC Deb 22 July 1919 vol 118 cc1309-11

  1. (6) Where the person on whom obligations are imposed by any by-laws made for the purposes specified in Subsection (1) of this Section with respect to houses so occupied as aforesaid holds the premises under a lease or agreement and satisfies the local authority that compliance with such by-laws is contrary to the provisions of the lease or agreement, or that the whole or any part of the expenses of carrying out the obligations ought to be borne by his lessor or other superior landlord, the local authority may, after giving the lessor or any such superior landlord an opportunity of being heard—
    1. (a) in the first case, order that the provisions of the lease or agreement be relaxed so far as they are inconsistent with the requirements of the by-laws;
    2. (b) in the second case, grant to the person who carries out the works necessary for compliance with the by-laws, on proof to the satisfaction of the local authority that the works have been properly carried out, a charging order charging on the premises 1310 an annuity to repay the expenses properly incurred in carrying out the works or such part of those expenses as the local authority consider ought to be so charged.
  2. (7)The annuity shall be of such amount and extend over such number of years as the local authority may determine, but if either party are dissatisfied with the decision of the local authority the question of the amount and the duration of the annuity shall be determined by an arbitrator appointed by the President of the Surveyors' Institution.
  3. (8) Sub-sections (3) and (4) of Section thirty-six and Section thirty-seven of the principal Act, and Section nineteen of the Housing, Town Planning, etc., Act, 1909, shall apply to charging orders and annuities under this Section in like manner as to charging orders and annuities under the said Section thirty-six.
  4. (9) Where a local authority have themselves acquired a leasehold interest in any house under the powers conferred upon them by this Act, the Local Government Board, oh the application of the local authority, may make a similar order with regard to the relaxation of the provisions of the lease and to charging an annuity on the promises as might have been made by the local authority on the application of a person desiring to convert a house as aforesaid, and in that case the decision of the Local Government Board as to the amount and duration of any such annuity shall be final.
  5. (10) This Section shall apply to the administrative county of London with the following modifications:" —
    1. (a) As respects the county of London, the bylaws for the purposes specified in Subsection (1) of this Section shall be made by the London County Council, and shall be observed and enforced by the council of each metropolitan borough except as regards by-laws for the purposes specified in paragraph (f) of Sub-section (1) which shall be enforced by the London County Council;
    2. (b) As respects the City of London, such bylaws shall be made and enforced by the common council except as regards by-laws for the purposes specified in paragraph (f) of Sub-section (1), which shall be made and enforced by the London County Council.

Lords Amendments:

In Sub-section (6), after the word "may" [" the local authority may "], insert the words make application to the County Court, and the County Court may. —Agreed to.

In Sub-section (6, b), leave out the words "local authority," and insert instead thereof the words County Court. —Agreed to.

In Sub-section (7), leave out the words "local authority," and insert instead thereof the words County Court. —Agreed to.

Leave out the words but if either party are dissatisfied with the decision of the local authority the question of the amount and the duration of the annuity shall be determined by an arbitrator appointed by the President of the Surveyors Institution. —Agreed to.

In Sub-section (8), leave out the words "Sub-sections (3) and (4)," and insert instead thereof the words Sub-section (3). —Agreed to.

After the word "thirty-seven," insert the words except Sub-section (4). —Agreed to.

In Sub-section (9), after the word "might" ["as might have been made "], insert the words had the lessee not from the local authority. —Agreed to.

Leave out the words by the local authority on the application of a person desiring to convert a house as aforesaid, and insert instead thereof the words on the application of the local authority by the County Court. —Agreed to.

In Sub-section (10, a), after the word "Council" ["shall be made by the County Council"], insert the words and any by-laws so made shall supersede any by-laws made for those purposes by the Council of any Metropolitan Borough. —Agreed to.