§ House again in Committee (according to Order).
§ [The EARL OF KINTORE in the Chair.]
§ Clause 1:
§ Duty of local authority to prepare housing schemes.
§ 1.—(1) It shall be the duty of every local authority within the meaning of Part III of the Housing of the Working Classes Act, 1890 (in this Act referred to as the principal Act), to consider the needs of their district with respect to the provision of houses for the working classes, and within three months after the passing of this Act, and thereafter as often as occasion arises, to prepare and submit to the Scottish Board of Health (in this Act referred to as the Board) a scheme for the exercise of their powers under the said Part III.
§ (2) A scheme under this section shall specify—
- (a) the approximate number and nature of the houses which, in the opinion of the local authority, are required adequately to supply the needs of their district;
- (b) the approximate number and the nature of the houses to be provided by the local authority, and wherever possible the average number of houses per acre;
- (c) the approximate extent of land to be acquired and the localities in which land is to be acquired;
- (d) the time within which the scheme or any part thereof is to be carried into effect; and the scheme may contain such incidental, consequential, and supplemental provisions (including provisions as to the subsequent variation of the scheme) as may appear necessary or proper for the purpose of the scheme.
§ (3) The Board may approve any such scheme or any part thereof without modification or subject to such modifications as they think fit, and the scheme or part thereof when so approved shall be binding on the local authority; but if the Board consider the scheme inadequate they may refuse to approve the scheme and require the authority to prepare and submit to them an adequate scheme within such time as they may fix, or they may approve the scheme or part thereof subject to the condition that the authority prepare and submit to them a further scheme within such time as they may fix.
642§ THE DUKE OF BUCCLEUCH moved, at the end of subsection (3), to insert "Provided that local authorities in preparing, and the Board in approving, any scheme shall take into account., and so far as possible preserve, existing erections of architectural, historic, or artistic interest, and shall have regard to the natural amenities of the locality." The noble Duke said: I do not wish to detain your Lordships un-necessarily—
THE LORD CHANCELLORIf the noble Duke would allow me I might shorten this discussion, unless he wishes to add an explanation. If he does, perhaps he will find it convenient to do so afterwards. I will inform him now that I am able to accept his Amendment, but I think he will appreciate that it is desirable that the Institute of Scottish Architects should be substituted for the Institute of British Architects. If the noble Duke will move it in that form I will accept it.
THE DUKE OF BUCCLEUCHI desire to point out that this Amendment is not the same as the one inserted in the English Bill. The English Bill referred the question for decision to architects. I was asked by the Scottish Office not to put it in that way in this Bill, because in Scotland we have a panel of architects, and a large number of bodies have taken their advice on this question. It is thought that the question of architects might be left out, because the bodies concerned are more likely to do what we desire without compulsion than by compulsion. There is one point of interest in this. I know that the local authorities are not the worst offenders. The worst offenders in this particular case are the Government. The Board of Agriculture in Scotland, in erecting houses, have put up not only structures which are monstrous in appearance but which are also bad in construction and design. I could inform your Lordships of one particular case on my property, and it is probably not so bad as many others. The Land Court, which is not particularly biassed in favour of land owners, have reported unfavourably on this, and have 643 sympathised with the landowner, not only because these houses are inferior in structure but also because they are a great eyesore. As the Government have already set this bad example, it will make it very difficult to enforce local bodies to Fit up a better style of house and one more presentable.
§
Amendment moved—
Page 2, line 18, at end insert ("Provided that local authorities in preparing, and the Board in approving any scheme shall take into account, and so far as possible, preserve existing erections of architectural, historic, or artistic interest, and shall have regard to the natural amenities of the locality").—(The Duke of Buccleuch.)
§ On Question, Amendment agreed to.
§
Amendment moved—
Page 2, line 35, leave out ("have regard to") and insert ("make inquiry respecting and take into account").—(The Duke of Buccleuch.)
§ On Question Amendment agreed to.
§ Clause 1, as amended, agreed to.
§ Clauses 2, 3, and 4 agreed 10.
§ Clause 5:
§ Power to recoup losses.
§ 5.—(1) If it appears to the Board that the carrying out by a local authority of any scheme approved under section one of this Act, or the carrying out of a rehousing scheme in connection with a scheme made under Part I or Part II of the principal Act, including the acquisition, clearance, and development of land included in the last-mentioned scheme, and whether the rehousing will be effected on the area included in that scheme or elsewhere, or the carrying out of any scheme approved by the Board for the provision of houses for persons in the employment of or paid by a county council, has resulted or is likely to result in a loss, the Board shall, if the scheme is carried out within such period after the passing of this Act as may be specified by the Board with the consent of the Treasury, pay or undertake to pay to the local authority or county council, as the case may be, out of moneys provided by Parliament, such part of the loss as may be determined to be so payable by regulations made by the Board, with the approval of the Treasury, subject to such conditions as may be prescribed by those regulations. Such regulations shall provide that the amount of any annual payment to be made under this section shall—
- (a) in the case of a scheme carried out by a local authority, be determined on the basis of the estimated annual loss resulting from the carrying out of any scheme or schemes to which this section applies, subject to the deduction therefrom of a sum not exceeding the estimated annual produce of a rate of four-fifths of one penny in the pound levied in the area chargeable with the expenses of such scheme or schemes; and
- (b) in the case of a scheme for the provision of houses for persons in the employment of or paid by a county council, be an amount equivalent to thirty per centum of the annual loan charges as calculated in accordance with the regulations on the total capital expenditure incurred by the county council for the purposes of the scheme
§ Provided that the regulations shall include provisions—
- (i) for the reduction of the amount of the annual payment in the event of a failure on the part of the local authority or county council to secure due economy in the carrying out of a scheme, or otherwise to comply with the conditions prescribed in the regulations;
§ THE DUKE OF BUCCLEUCH moved, in subsection (1) (i), after "carrying out," to insert "and administration."
THE LORD CHANCELLORI will accept the Amendment of the noble Duke on this clause if he thinks there is any advantage in it. My own view is that the words "carrying out" would cover "administration," but if the noble Duke and those who are advising him have any doubt about the matter, I have no objection whatever to accepting the Amendment.
§
Amendment moved—
Page 5, line 12, after ("out") insert ("and administration").—(The Duke of Buccleuch.)
§ On Question, Amendment agreed to.
§ THE LORD CHANCELLOR moved in subsection (1) (i), after "carrying out of a scheme" to insert "to charge sufficient rents." The noble and learned Lord said: This Amendment was inserted by this House in the English Bill on Report, and it ought of course, for uniformity, to be in this Bill.
§
Amendment moved—
Page 5, line 12, after ("scheme") insert ("to charge sufficient rents").—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ Clause 5, as amended, agreed to.
§ Clauses 6 and 7 agreed to.
§ Clause 8:
§ Provisions as to assessment of compensation.
§ 8.—(1) Where land included in any scheme made under Part I or Part II of the principal Act (other than land included in such a scheme only for the purpose of making the scheme efficient 645 and not on account of the sanitary condition of the premises thereon or of those premises being dangerous or prejudicial to health) is acquired compulsorily, the compensation to be paid for the land, including any premises thereon which are in an insanitary condition or are dangerous or prejudicial to health as aforesaid, shall be the value at the time when the valuation is made of the land as a site cleared of buildings and available for development in accordance with the building regulations for the time being in force in the district:
§ Provided that if the scheme requires that provision shall be made for the re-housing of persons of the working classes on the land or part thereof, when cleared, or that the land, or part thereof, when cleared shall be laid out as an open space, the compensation payable to all persons interested in any land included in the scheme (other than as aforesaid), including any premises thereon which are in an insanitary condition or are dangerous or prejudicial to health as aforesaid, for their respective interests in such land or premises, shall be reduced by an amount ascertained in accordance with the rules set forth in the First Schedule to this Act.
§ (2) The provisions of sections twenty-one and forty-one of the principal Act shall cease to apply as respect, lands to which the provisions of this section apply in so far as such first-mentioned provisions are inconsistent or in conflict with the provisions of this section.
§ THE LORD CHANCELLOR moved, in subsection (1), at the commencement of the proviso, to leave out "the scheme requires that provision shall be made" and insert "in the opinion of the Board it is necessary that provision should be made by the scheme." The noble and learned Lord said: Amendment was moved by myself on Report on the English Bill. Its purpose is to make it clear that the question of clearing a site for re-housing should depend in the last resort on the Board.
§
Amendment moved—
Page 6, lines 31 and 32, leave out ("the scheme requires that provision shall be made") and insert ("in the opinion of the Board it is necessary that provision should be made by the scheme")—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ Clause 8, as amended, agreed to.
§ Clauses 9 to 14 agreed to.
§ Clause 15:
§ Powers of promoting and assisting public utility societies.
§ 15.—(1) A local authority within the meaning of Part III of tire principal Act, or a county council, may promote the formation or extension of, or subject to the provisions of this section, assist a public utility society whose objects include the erection, improvement, or management of houses for the working classes.
646§ (2) Any such local authority or county council with the consent of and subject to any regulations or conditions which may be made or imposed by the Board, may, for the assistance of such a society—
- (a) make grants or loans to the society;
- (b) subscribe for any share or loan capital of the society;
- (c) guarantee or join in guaranteeing the payment of interest on money borrowed by the society or of any share or loan capital issued by the society;
§ (3) Any expenses incurred by a local authority under the provisions of this section shall be defrayed in the same manner as the expenses of the local authority under Part III of the principal Art, and the raising of money for the purpose of making grants or loans to or subscribing for the capital of a society under this section shall be a propose for which the authority may borrow under that Part of that Act.
§ (4) Any expenses incurred by a county council under this section shall be defrayed out of the general purposes rate, and the raising of money for the purpose of making grants or loans to or subscribing for the capital of a society under this section shall be a purpose for which the county council may borrow, subject to the provisions of section sixty-seven of the Local. Government (Scotland) Act, 1889: Provided that—
- (a) notwithstanding anything contained in that Act, the ratepayers of a police burgh shall not be assessed by the county council for any such expenses and
- (b) where money is borrowed by the county council for the purpose aforesaid, the maximum period for repayment shall be fifty years, and as respects money so borrowed "fifty years" shall be substituted for thirty years in subsection (2) of section sixty-seven of that Act.
§ THE DUKE OF BUCCLEUCH moved, at the end of subsection (1), to insert "and where such a society is desirous of erecting houses for the working classes which, in the opinion of the Board, are required, and the local authority of the area in which the houses are proposed to be built are unwilling to acquire land with a view to selling or leasing the same to the society, the county council on the application of the society, may for this purpose acquire land and exercise all the powers of a local authority under the Housing Acts in regard to the acquisition and disposal of land, and the 647 provisions of those Acts as to the acquisition of land by local authorities within the meaning of Part III of the principal Act shall apply accordingly."
§ The noble Duke said: The point of this Amendment is to bring the Bill into line with the English Act. This Amendment provides that in the event of the local authority not agreeing to give the societies sufficient facilities there is to be an appeal to the county council. The great advantage of an appeal to the county council is that they are a larger body, and probably have rather broader views. The noble and learned Lord has met us in many things, and I do not wish unduly to press him, but I think there would be considerable advantage in this Amendment.
§
Amendment moved—
Page 11, line 8, at end insert the said words.—(The Duke of Buccleuch.)
THE LORD CHANCELLORThe noble Duke has done me no less than justice when he says that I have made every effort to meet him in the Amendments which he and others have suggested. But I am bound to say I do not think this particular Amendment is one which he would be well advised in pressing. The noble Duke knows better than I do that there is a clear distinction between England and Scotland as regards the housing authorities, and this is not a case in which uniformity can be recommended, or even defended. In England, in the event of failure on the part of the ordinary housing authorities to prepare a housing scheme, the county council may be called upon to do so. In Scotland, in the event of failure by the local authority—which, as the noble Duke knows, is the town council in burghs and the district committee in counties which are divided into districts—the Board comes in.
It comes to this, in other words. In Scotland the county council has no place in housing except in the few cases where it is the normal local authority for housing. Accordingly, it would be quite inappropriate, and I think it would lead to the gravest practical inconvenience, that it should be called in as the appeal authority in the circumstances set forth by the noble Duke. Although it is very appropriate in the English Bill, from which the noble Duke has borrowed the language of this Amendment, it is the experience of the Scottish Office, which has lent a very sym 648 pethetic ear to many of the noble Duke's Amendments, that this Amendment is not well advised.
THE DUKE OF BUCCLEUCHPerhaps the noble and learned Lord will not mind if I put down another Amendment for Report. He says that the county council has nothing to do with housing, but I am under the impression that the county council is the authority which must make any purchases of land, and so forth, and must hold the land.
THE LORD CHANCELLORI think the noble Duke will find that a county council has no power of acquiring land for housing purposes. But perhaps between now and the Report stage the noble Duke will, if he wishes to carry the matter further, make a different proposal, which he might discuss with me.
§ Amendment, by leave, withdrawn.
§ Clause 15 agreed to.
§ Clauses 16 to 19 agreed to.
§ THE LORD CHANCELLOR moved, after Clause 19, to insert the following new clause—
§ "Purchase of building materials from Government department.
§ ". Subject to any conditions prescribed by the Board with the consent of the Treasury any bricks or other building materials which have been acquired by a Government department for the purpose of the erection or improvement of houses for the working classes, may during a period of five years from the passing of this Act be sold to any person who undertakes to use the same forthwith for the purpose of erecting or improving houses for the working classes and to comply with the said conditions at a price sufficient to cover the cost of replacement at the time of sale of the materials so sold."
§ The noble and learned Lord said: This is again what one may call a "conformity Amendment." The intention is to give some assistance to private enterprise in respect to any material that may be at the disposal of a Government Department. If it is right for England, it is right for Scotland.
§
Amendment moved—
Page 15, after Clause 19, insert the said new clause.—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
649§ Clause 20:
§ Relaxation of building regulations.
§ 20.—(1) (a) Where in pursuance of a housing Scheme to which this section applies new buildings are constructed or public streets or roads are laid out and constructed in accordance with plans and specifications approved by the Board, the provisions of any building regulations shall not apply to the new buildings and new streets or roads carried out in pursuance of the scheme, so far as those provisions are inconsistent with the plans and specifications approved by the Board, and notwithstanding the provisions of any other Act any street or road laid out and constructed in accordance with such plans and specifications may be taken over and thereafter maintained by the authority responsible for the maintenance of public streets, roads, or highways in the district.
§ (b) Where the Board have approved plans and specifications which in certain respects are inconsistent with the provisions of any building regulations which are in force in the district in which the works are to be executed, any proposals for the erection therein of buildings and the laying out and construction of new streets or roads which do not form part of a housing scheme to which this section applies may, notwithstanding those provisions, be carried out if the local authority are satisfied that they will involve departures from such provisions only to the like extent as in the case of the plans and specifications so approved.
§ (2) Where the Board are themselves carrying a housing scheme into execution it shall not be necessary for the Board to obtain the authority of the local authority or the Dean of Guild Court for the construction of buildings, or for the laying out and construction of streets and roads as aforesaid.
§ (3) The housing schemes to which this section applies are schemes prepared or made by a local authority or by local authorities jointly under the Housing Acts, or by a public utility society or housing trust, and approved by the Board, and schemes prepared, made, or carried into execution by the Board under this Act.
§ THE DUKE OF BUCCLEUCH moved, in subsection (1), to leave out "carried" [carried out in pursuance of the scheme"], and to insert "constructed and laid." The noble Duke said: This is really a drafting Amendment.
§
Amendment moved—
Page 15, line 11, leave out ("carried") and insert ("constructed and laid").—(The Duke of Buccleuch.)
§ On Question, Amendment agreed to.
§ THE LORD CHANCELLOR moved, in subsection (1) (b), after "local authority," to insert "or on appeal the Board." The noble and learned Lord said: This again is a "conformity Amendment."
650
§
Amendment moved—
Page 15, line 26, after ("authority") insert ("or on appeal the Board").—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ THE LORD CHANCELLOR moved, in subsection (3), after "or housing trust," to insert "or by a county council or district board of control for the provision of houses for persons in their employment or paid by them." The noble and learned Lord said: This Amendment is a necessary one. It provides that a county council or district board of control who are carrying out schemes for housing their employees should have the same privileges with regard to the relaxation of by-laws as are conferred upon local authorities or public utility societies. It is a casus omissus, and clearly ought to be inserted.
§
Amendment moved—
Page 15, line 47, after ("trust") insert the said words.—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ Clause 20, as amended, agreed to.
§ Clause 21:
§ Consent of local authority to erection and use of buildings.
§ 21.—(1) Notwithstanding the provisions of any building regulations a local authority may, during the period of three years after the passing of this Act, consent to the erection and use for human habitation of any buildings erected or proposed to be erected in accordance with plans and specifications approved by the Board.
§ THE DUKE OF BUCCLEUCH formally moved, in subsection (1), to leave out "plans and specifications approved," and to insert "any regulations made."
§
Amendment moved—
Page 16, lines 5 and 6, leave out and insert the said words.—(The Duke of Buccleuch.)
§ On Question, Amendment agreed to.
§ Clause 21, as amended, agreed to.
§ Clause 22 agreed to.
651§ Clause 23:
§ Penalty on re-letting or occupying house ordered to be closed.
§ 23.—(1) If the owner of any house in respect of which a closing order is in force or any other person lets or attempts to let or occupies or permits to be occupied that house or any part thereof as a dwelling-house, he shall, on summary conviction, be liable to a penalty not exceeding twenty pounds.
§ (2) The owner of any such house shall not, without the consent of the local authority, let or use the same for any purpose unless he shall previously have obtained the consent of the local authority to the purpose for which such house is proposed to be let or used, and any owner acting in contravention of this subsection shall, on summary conviction, be liable to a penalty not exceeding twenty pounds.
§ THE LORD CHANCELLOR moved, in subsection (2), to leave out "without the consent of the local authority." The noble and learned Lord said: This is a drafting Amendment, the words I propose to exclude being redundant. Your Lordships will see, looking at the next two lines of the clause, that there is an express provision that the owner before letting his house must obtain the consent of the local authority.
§
Amendment moved—
Page 17, lines 6 and 7, leave out ("without the consent of the local authority").—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ Clause 23, as amended, agreed to.
§ Clause 24:
§ Repair of houses.
§ 24.—(1) If the owner of any house suitable for occupation by persons of the working classes fails to keep such house in all respects reasonably fit for human habitation, then, without prejudice to any other powers, the local authority may serve a notice in writing upon the owner of such house requiring him within a reasonable time, not being less than twenty-one days specified in the notice, to execute such works as may be necessary to make the house in all respects reasonably fit for human habitation.
§ (2) If the notice of the local authority is not complied with the authority may, at the expiration of the time specified in the notice given by them to the owner, do the work required to be done, and may recover the expenses incurred by them from the owner, and for that purpose the provisions of subsections (5) and (6) of section fifteen of the Housing, Town Planning, etc., Act, 1909, with respect to the execution of works and the recovery of expenses by local authorities and with respect to the landlords' right of appeal shall apply as if the owner were the landlord, and with such other adaptations as may be necessary.
§ (3) In this section "owner" shall have the same meaning as in the Public Health (Scotland) Act, 1897.
§ (4) This section shall be deemed to be part of Part II of the principal Act.
652§ THE LORD CHANCELLOR moved, at the end of subsection (1), to insert "provided that if such house is not capable without reconstruction of being rendered fit for human habitation, the owner may, within twenty-one days after the receipt of such notice by written notice to the local authority, declare his intention of closing the house for human habitation, and thereupon a closing order shall be deemed to have become operative in respect of such house. Any question arising under this proviso shall in case of difference between the owner and the local authority, be determinded by the sheriff." The noble and learned Lord said: This is a "conformity Amendment" to the English Bill, and the next Amendment is in the same category.
§
Amendment moved—
Page 17, line 21, at end, insert the said proviso.—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ THE LORD CHANCELLOR moved, in subsection (2), to delete "at the expiration of the time specified in the notice given by them to the owner" and to insert—
- "(a) At the expiration of the time specified in that notice if no such notice as aforesaid has been given by the owner; and
- "(b) At the expiration of twenty-one days from the determination by the sheriff if such notice has been given by the owner, and the sheriff has determined that the house is capable without reconstruction of being made fit for human habitation."
§
Amendment moved—
Page 17, line 23, leave out from ("may") to ("do") in line 24, and insert the said paragraphs,—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ Clause 24, as amended, agreed to.
§ Clauses 25 to 30 agreed to.
§ Clause 31:
§ Duty of local authority to prepare town-planning scheme.
§ 31. The council of every burgh, the population of which exceeds twenty thousand, and any other local authority if required by the Board, shall, within three years after the first day of January, nineteen hundred and twenty-three, prepare and submit to the Board a town-planning scheme in accordance with provisions to be determined by the Board with reference to any land within the area of the local authority in regard to which a town-planning scheme may be made under the housing, Town Planning, etc., Act, 1909.
653THE LORD CHANCELLORI accept the first two Amendments standing in the name of the Duke of Buccleuch.
§
Amendments moved—
Page 20, line 12, after ("which") insert ("on the first day of January nineteen hundred and twenty-three")
line 13, after ("exceeds'') insert ("according to the last census for the time being'').—(The Duke of Buccleuch.)
§ On Question, Amendments agreed to.
§ THE DUKE OF BUCCLEUCH moved to leave out "and any other local authority if required by the Board."
§
Amendment moved—
Page 20, lines 13 and 14, leave out the said words.—(The Duke of Buccleuch.)
THE LORD CHANCELLORThis is a substantive Amendment, which I am certainly unwilling to accept. If the noble Duke intended to make the wording of the clause identical with the English clause, I do not think he has succeeded in his intention, because that clause contains after the words "twenty thousand" the words "or of a district council." It would be absurd to add the equivalent of those words to our clause. The corresponding words are "or of a district other than a burgh." It would be absurd for this reason, that the great majority of districts other than burghs do not require town planning, and the right thing to do is to leave it to the discretion of the Board to decide which of such districts should be town planned. It seems to me that the words ought to remain in the Bill, and I myself cannot see any good reason fur excluding them.
THE DUKE OF BUCCLEUCHI know there is a difficulty in this point, but perhaps if I do not press the Amendment I can put down another on Report, when I see all the other alterations in.
THE LORD CHANCELLORIf the noble Duke is going to do that, perhaps he will allow me to suggest that it would be necessary to make a consequential Amendment to my Amendment to Clause 31, page 20, line 18, leaving out the second "the" and inserting "such council or other." But I deprecate the whole Amendment.
§ Amendment, by leave, withdrawn.
654
§
Amendments moved—
Page 20, line 14, leave out from ("after") to ("prepare'') in line 15 and insert ("that date")
lines 16 and 17, leave out ("in accordance with provisions to be determined by the Board").—(The Duke of Buccleuch.)
§ On Question, Amendments agreed to.
§
Amendment moved—
Page 20, line 18, leave out the second ("the") and insert ("such council or other").—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§
Amendment moved—
Page 20, line 20, at end insert the following new subsections:
(2) Without prejudice to the powers of the council or other local authority under the said Act, every scheme to which this section applies shall deal with such matter as may be determined by regulations to be made by the Board.
(3) Every regulation so made shall be laid before both Houses of Parliament as soon as may be after it is made and if an address is presented by either House within twenty-one days from the date on which that House has sat next after such regulation is laid before it, praying that such regulation may be annulled. His Majesty in Council may annul the regulation but without prejudice to the validity of anything previously done thereunder."—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ Clause 31 as amended agreed to.
§ Clause 32:
§
Amendments moved—
Page 20, line 21, after ("satisfied") insert ("after holding a public local inquiry")
line 22, after ("authority") insert ("as respects any land in regard to which a town planing scheme may be made under the Housing, Town Planning, etc., Act, 1909").—(The Lord Chancellor.)
§ On Question, Amendments agreed to.
§ Clause 32, as amended, agreed to.
§ Clause 33 agreed to.
655§ Clause 34:
§
Amendment moved—
Page 22, after line 20, insert the following new subsection:
(2) Subsection (2) of section fifty-six of the Act of 1909 shall have effect as if the following paragraph were added thereto:
For securing that the council of the county in which any land proposed to be included in a town planning scheme is situated (1) shall be furnished with a notice of any proposal to prepare or adopt such a scheme and with a copy of the draft scheme before the scheme is made, and (2) shall be entitled to be heard at any public local inquiry held by the Board in regard to the scheme."—(The Duke of Buccleuch.)
§ On Question, Amendment agreed to.
§ Clause 34, as amended, agreed to.
§ Clauses 35 to 46 agreed to.
§ Clause 47:
§ Farmed-out houses.
§ 47. It shall be lawful for the town council of any burgh to apply to the Board for an order declaring that the provisions of Part II of the Glasgow Corporation Order, 1918 (which relate to fanned-out houses), shall apply to the burgh, and the Board, if they are satisfied after such inquiry, if any, as they may think fit, that the circumstances and conditions of the burgh are such that it is desirable that those provisions should apply thereto, may make an order so applying such provisions, with such modifications and adaptations as may appear to the Board to be necessary or desirable, and as from a date to be prescribed in the order of the Board, the said provisions as so modified or adapted shall as respects that burgh have effect as if they were enacted in this Act.
§ THE LORD CHANCELLOR moved to leave out "town council" at the beginning of the clause, and to insert "local authority." The noble and learned Lord said: As Part IV of the Bill is not to be read as part of the Housing Acts, it is necessary to make it clear what is meant by the term "local authority," which is used in certain of the clauses, and is intended to cover both the town council of a burgh and the local authority of a district other than a burgh—that is to say, the district committee. The present clause applies only to burghs, and accordingly the expression "town council" was inadvertently used. As it is proposed to use the expression "local authority" in all 656 clauses and to insert a new clause defining what is meant by that term, this Amendment ought to be made.
§
Amendment moved—
Page 29, line 7, leave out ("town council") and insert ("local authority").—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ Clause 47, as amended, agreed to.
§ Clause 48 agreed to.
§
THE LORD CHANCELLOR moved, after Clause 48, to insert the following new clause—
() In this Part of this Act the expression 'local authority' means the local authority for the purposes of the Public Health (Scotland) Act, 1897.
§ The noble and learned Lord said: This is the definition clause to which I referred a moment ago. It supplies a uniform definition which will be most useful.
§
Amendment moved—
Insert the said new clause.—(The Lord Chancellor.)
§ On Question, Amendment agreed to.
§ Remaining clauses agreed to.
§ First Schedule agreed to.
§ Second Schedule:
§
Amendment moved—
Page 32, line 47, at beginning insert ("The words 'out of their own number' 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' and ").—(The Duke of Buccleuch.)
§ THE LORD CHANCELLOR: I accept this Amendment.
§ On Question, Amendment agreed to.
§ Second Schedule, as amended, agreed to.
THE DUKE OF BUCCLEUCHI desire to express my thanks to the noble and learned Lord for the way in which he has treated my Amendments.