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27 1958

HOUSING (AMENDMENT) ACT, 1958

PART IV

Housing Of The Working Classes

Amendment of section 18 of the Act of 1931.

20. —Section 18 of the Act of 1931 is hereby amended by the insertion after “this Part of” in both places where those words occur of “or under section 37 of ”.

Restriction on user of house before compliance with notice under section 19 of the Act of 1931.

21. —The following section is hereby inserted after section 19 of the Act of 1931:—

“19A.—(1) Where, a notice served under section 19 of this Act not having been complied with, a person, knowing that the notice has been served, uses the house to which the notice relates for human habitation or permits it to be so used at a time immediately before which the house was vacant, the person shall be guilty of an offence under this subsection and shall be liable on summary conviction to a fine not exceeding twenty pounds.

(2) Where—

(a) a person has been convicted of an offence under subsection (1) of this section in relation to a notice served under section 19 of this Act in respect of a house,

(b) the person uses the house for human habitation or permits it to be so used after the date of the conviction,

(c) at the time of such user the notice has not been complied with,

the person shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds for each day or part of a day on which such user continues.

(3) An offence under subsection (2) of this section shall be a continuing offence and accordingly fresh proceedings in respect thereof may be taken from time to time.”

Service of copy of demolition order in respect of insanitary houses and securing them against reoccupation.

22. —(1) Section 23 of the Act of 1931 is hereby amended by—

(a) the insertion in subsection (3) after “shall serve” of “a copy of ” and

(b) the insertion after subsection (3) of the following subsection:

“(4) A demolition order made under the last preceding subsection may require that the house to which it applies shall, within a period to be specified in the order, be secured by the owner or owners against reoccupation.”

(2) Section 26 of the Act of 1931 is hereby amended by the insertion after subsection (3) of the following subsection:

“(4) When a demolition order under this Part of this Act which contains a requisition under subsection (4) of section 23 of this Act has become operative, the owner or owners of the house to which it applies shall within the time limited in that behalf by the order secure the house against reoccupation and, if the house is not secured against reoccupation within that time, the local authority shall enter and secure the house against reoccupation, and the provisions of subsections (2), (4) and (5) of section 8 of this Act shall apply in relation to any expenses incurred by the authority under this subsection as they apply in relation to any expenses in a case where a building is demolished in pursuance of a clearance order.”

Amendment of section 25 of the Act of 1931.

23. —Section 25 of the Act of 1931 shall be amended by the insertion after “is let” in both places where those words occur of “or used”.

Assessment of compensation for certain dwelling houses compulsorily acquired by a local authority.

24. —(1) In this section—

dwelling-house” means a building constructed or adapted for use wholly or principally for human habitation together with any yard, garden, out-houses and appurtenances belonging thereto or usually enjoyed therewith ;

prescribed” means prescribed by regulations made by the Minister under this section.

(2) Where a local authority propose, for the purposes of Part III of the Housing of the Working Classes Act, 1890, as amended, to purchase compulsorily land which comprises or consists of a dwelling-house—

(a) in case the dwelling-house is, in the opinion of the authority, unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense, the dwelling-house shall be described in the prescribed manner in the compulsory purchase order in respect of such land submitted to the Minister under section 37 of the Act of 1931 and if the order is confirmed, the compensation payable in respect of the dwelling-house shall, subject to subsection (3) of this section, be assessed in accordance with the provisions of Part I of the Third Schedule to the Act of 1931, and

(b) in any other case, if the compulsory purchase order in respect of such land submitted to the Minister under the said section 37 is confirmed, the compensation payable in respect of the dwelling-house shall be assessed in accordance with the provisions of Part II of that Schedule.

(3) If the Minister is of opinion that a dwelling-house described in the prescribed manner for the purposes of subsection (2) of this section ought not to have been so described, he shall in confirming the order so modify it as to exclude the dwelling-house for all purposes from the order, unless he is of opinion that the dwelling-house may properly be purchased by the authority, in which case he shall modify the order so as to authorise the local authority to purchase the dwelling-house and to pay compensation, assessed in accordance with the provisions of the said Part II, in respect thereof.

(4) The Minister may make regulations for the purposes of this section.

Annulment of compulsory purchase orders under the Act of 1931.

25. —Where, in respect of a compulsory purchase order to which the Second Schedule to the Act of 1931 applies, an objection (whether in respect of the whole or part of the land proposed to be acquired) is duly made and is not withdrawn and the Minister does not think fit to confirm the order, it shall not be necessary for the Minister to cause a public local inquiry to be held and the said Second Schedule shall be construed and have effect accordingly.