15 GEORGE 5, CHAPTER 15. or manufactory as is proposed to be taken by the local authority can be taken without material damage to such house, building or manufactory, and if he so determine may award compensation in respect of the severance of the part so proposed to be taken, in addition to the value of that part, and thereupon the party interested shall be required to sell and convey to the local authority such part, without the local authority being obliged to purchase the other part or the whole of such house, building or manufactory. THIRD SCHEDULE (s. 51). PROVISIONS AS TO THE COMPULSORY ACQUISITION OF LAND BY A LOCAL 1. Where a local authority propose to purchase land compulsorily under this Act, the local authority may submit to the Board an order putting in force as respects the land specified in the order the provisions of the Lands Clauses Acts with respect to the purchase and taking of land otherwise than by agreement. 2. An order under this Schedule shall be of no force unless and until it is confirmed by the Board, and the Board may confirm the order either without modification or subject to such modification as they think fit, and an order when so confirmed shall, save as otherwise expressly provided by this Schedule, become final and have effect as if enacted in this Act; and the confirmation by the Board shall be conclusive evidence that the requirements of this Act have been complied with, and that the order has been duly made and is within the powers of this Act. 3. The order shall be in the form prescribed by the Board, and shall contain such provisions as the Board may prescribe for the purpose of carrying the order into effect, and of protecting the local authority and the persons interested in the land, and shall incorporate, subject to the necessary adaptations- (a) the Lands Clauses Acts (except section one hundred and twenty of the Lands Clauses Consolidation (Scotland) Act, 1845), as modified by the Acquisition of Land (Assessment of Compensation) Act, 1919; and (b) sections seventy to seventy-eight of the Railways Clauses Consolidation (Scotland) Act, 1845 (8 & 9 Vict. c. 33). 4. The order shall be published by the local authority in the manner prescribed by the Board, and such notice shall be given both in the locality in which the land is proposed to be acquired, and to the owners, lessees and occupiers of that land as may be prescribed by the Board. 5. If within such period as may be prescribed by the Board no objection to the order has been presented to the Board by a person interested in the land, or if every such objection has been withdrawn, the Board shall, without further inquiry, confirm the order, unless they are of opinion that the land is unsuited for the purpose for which it is proposed to be acquired, but, if such an objection has been presented and has not been withdrawn, the Board shall forthwith cause a public inquiry to be held in the locality in which the land is proposed to be acquired, and the local authority and all persons interested in the land and such other persons as the person holding the inquiry in his discretion thinks fit to allow shall be permitted to appear and be heard at the inquiry, and the Board shall before confirming the order duly consider the report of the person by whom the public inquiry is held. 6. In construing for the purposes of this Schedule or any order made thereunder any enactment incorporated with the order, this Act together with the order shall be deemed to be the special Act, and the local authority shall be deemed to be the promoters of the undertaking. 7. The reference to sections seventy-one to seventy-eight of the Railways Clauses Consolidation (Scotland) Act, 1845, shall be construed as a reference to those sections as originally enacted and not as a reference to the provisions which by virtue of the Mines (Working Facilities and Support) Act, 1923 (13 & 14 Geo. 5, c. 20), are in certain cases to be substituted for those sections. HOUSING (SCOTLAND) ACT, 1925. FOURTH SCHEDULE (s. 71). 1. Local bonds shall (a) be secured upon all the rates, property and revenues of the local authority; (b) bear interest at such rate of interest as the Treasury may from time to time fix. (c) be issued in denominations of five, ten, twenty, fifty and one hundred pounds and multiples of hundred pounds; (d) be issued for periods of not less than five years. 2. Local bonds shall be exempt from stamp duty under the Stamp Act, 1891 (54 & 55 Vict. c. 39), and no duty shall be chargeable under section eight of the Finance Act, 1899 (62 & 63 Vict. c. 9), as amended by section ten of the Finance Act, 1907 (7 Edw. 7, c. 13), in respect of the issue of any such bonds. 3. The provisions of section one hundred and fifteen of the Stamp Act, 1891 (which relates to composition for stamp duty), shall, with the necessary adaptations, apply in the case of any local authority by whom local bonds are issued as if these bonds were stock or funded debt of the local authority within the meaning of that section. 4. A local authority shall, in the case of any person who is the registered holder of local bonds issued by that local authority of a nominal amount not exceeding in the aggregate one hundred pounds, pay the interest on the bonds held by that person without deduction of income tax, but any such interest shall be accounted for and charged to income tax under the third case of Schedule D. subject, however, to any provision to the enactments relating to income tax with respect to exemption or abatement. 5. Local bonds issued by a local authority shall be accepted by that local authority at their nominal value in payment of the purchase price of any house erected by or on behalf of any local authority in pursuance of any scheme under this Act. 6. The Board may, with the approval of the Treasury, make regulations with respect to the issue (including terms of issue), transfer and redemption of local bonds and the security therefor, and any such regulations may apply, with or without modifications, any provisions of the Local Loans Act, 1875 (38 & 39 Vict. c. 83), and the Acts amending that Act, and of any Act relating to securities issued by any local or public body. 7. For the purposes of this Schedule, the expression "local authority" includes a county council. FIFTH SCHEDULE (s. 79). PROVISIONS AS TO REHOUSING IN CASE OF DISPLACEMENT OF PERSONS 1. If in a district within the meaning of the Public Health (Scotland) Act, 1897, the undertakers have power to take under the enabling Act working-men's dwellings occupied by thirty or more persons belonging to the working class, the undertakers shall not enter on any such dwellings in that district until the Board have either approved of a housing scheme under this Schedule or have decided that such a scheme is not necessary. For the purposes of this Schedule a house shall be considered a working-man's dwelling if wholly or partially occupied by a person belonging to the working classes, and for the purpose of determining whether a house is a working-man's dwelling or not, and also for determining the number of persons belonging to the working classes by whom any dwellings are occupied, any occupation on or after the fifteenth day of 15 GEORGE 5, CHAPTER 15. December next before the passing of the enabling Act, or, in the case of land acquired compulsorily under a general Act without the authority of an order, next before the date of the application to the Board under this Schedule, for their approval of or decision with respect to a housing scheme, shall be taken into consideration. 2. The housing scheme shall make provision for the accommodation of such number of persons of the working class as is, in the opinion of the Board, taking into account all the circumstances, required, but that number shall not exceed the aggregate number of persons ns of the working class displaced; and in calculating that number the Board shall take into consideration not only the persons of the working class who are occupying the working-men's dwellings which the undertakers have power to take, but also any persons of the working class who, in the opinion of the Board, have been displaced within the previous five years in view of the acquisition of land by the undertakers. 3. Provision may be made by the housing scheme for giving undertakers who are a local authority, or who have not sufficient powers for the purpose, power for the purpose of the scheme to appropriate land or to acquire land, either by agreement or compulsorily under the authority of a Provisional Order, and for giving any local authority power to erect dwellings on land so appropriated or acquired by them, and to sell or dispose of any such dwellings, and to raise money for the purpose of the scheme as for the purposes of Part III. of this Act, and for regulating the application of any money arising from the sale or disposal of the dwellings; and any provisions so made shall have effect as if they had been enacted in an Act of Parliament. 4. The housing scheme shall provide that any lands acquired under that scheme shall, for a period of twenty-five years from the date of the scheme, be appropriated for the purpose of dwellings for persons of the working class, except so far as the Board may dispense with that appropriation; and every such appropriation of lands shall be recorded as a real burden affecting such lands in the appropriate register of sasines and the Board may require the insertion in the scheme of any provisions requiring a certain standard of house to be erected under the scheme, or any conditions to be complied with as to the mode in which the houses are to be erected. 5. If the Board do not hold a local inquiry with reference to a housing scheme, they shall, before approving the scheme, send a copy of the draft scheme to every local authority, and shall consider any representation by any such local authority made within the time fixed by the Board. 6. The Board may, as a condition of their approval of a housing scheme, require that the new dwellings under the scheme, or some part of them, shall be completed and fit for occupation before possession is taken of any working-men's dwellings under the enabling Act. 7. Before approving any scheme the Board may, if they think fit, require the undertakers to give such security as the Board consider proper for carrying the scheme into effect. 8. The Board may hold such inquiries as they think fit for the purpose of their duties under this Schedule, and subsections (1) and (3) (with the substitution of the Board for the Secretary for Scotland) of section ninety-three of the Local Government (Scotland) Act, 1889 (which relate to local inquiries), shall apply for the purpose, and where the undertakers are not a local authority shall be applicable as if they were such an authority. 9. If the undertakers enter on any working-men's dwellings in contravention of the provisions of this Schedule, or of any conditions of approval of the housing scheme made by the Board, they shall be liable to a penalty not exceeding five hundred pounds in respect of every such dwelling; and any such penalty shall be recoverable by the Board by action in the Court of Session and shall be carried to and form part of the Consolidated Fund. 10. If the undertakers fail to carry out any provision of the housing scheme, the Board may make such order as they think necessary or proper for the purpose of compelling them to carry out that provision, and any such order may be enforced by order of the Court of Session on the application of the Board. HOUSING (SCOTLAND) ACT, 1925. 11. The Board may, on the application of the undertakers, modify any housing scheme which has been approved by them under this Schedule, and any modifications so made shall take effect as part of the scheme. 12. For the purposes of this Schedule (a) "undertakers" means any authority, company or person who are (b) "enabling Act" means any Act of Parliament or Order under which (d) "dwelling" or "house" means any house or part of a house occupied (e) "working class" includes mechanics, artisans, labourers and others working for wages, hawkers, costermongers, persons not working for wages, but working at some trade or handicraft without employing others, except members of their own family, and persons other than domestic servants whose income in any case does not exceed an average of three pounds a week, and the families of any of such persons who may be residing with them. 10 & 11 Geo. 5, ❘ The Housing (Scotland) Act, The whole Act, except sections seven and c. 71. 1920. nine, and section eight so far as it amends section ten of the Housing (Additional Powers) Act, 1919. Section thirty-two. The whole Act. Section four. Sections five, seven to thirteen, fifteen, and seventeen. Subsections (1), (2) and (3) (except so far as they relate to the unrepealed provisions of the Act) and subsections (4), (8) to (12), (14), (15) and (17) of section twentythree. First Schedule. Second Schedule, except so far as it amends section fifty-nine of the Housing, Town Planning, &c. Act, 1909. 14 & 15 Geo. 5, The Housing (Financial Pro- Section twelve and subsection (3) of section с. 35. visions) Act, 1924. sixteen. The Second Schedule so far as it amends section five of the Housing, &c. Act, 1923. CHAPTER XVI. An Act to consolidate the enactments relating to town planning in England and [9th April 1925.] Wales. CHAPTER XVII. An Act to consolidate the enactments relating to town planning in Scotland. [Preamble.] [9th April 1925.] 1. TOWN PLANNING SCHEMES. - (1) A town planning scheme may be made in accordance with the provisions of this Act with respect to any land which hich is in course of development or appears likely to be used for building purposes, with the general object of securing proper sanitary conditions, amenity, and convenience in connection with the laying out and use of the land, and of any neighbouring lands: 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 |