Housing (Financial and Miscellaneous Provisions) Act 1946
Housing (Financial and Miscellaneous Provisions) Act, 1946,
(9 & 10 Geo. 6.) CHAPTER 48.
An Act to make fresh arrangements for the making of contributions grants and loans in connection with the provision of housing accommodation; to provide for matters subordinate to that purpose; to amend the enactments which relate to the making of contributions in respect of housing accommodation; to amend the law relating to the housing accounts of local authorities; and to facilitate the provision of housing accommodation in the Isles of Scilly.
[18th April 1946]
B E it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contributions for houses completed after passing of this Act.
1 Exchequer contributions in respect of housing accommodation provided by local authorities.
(1) In respect of each new house provided by a local authority in the exercise of their powers to provide housing accommodation, being a house which—
(a ) is completed after the passing of this Act; and
(b ) is approved for the purposes of this Act by the Minister of Health (hereinafter referred to as ‘the Minister’);
the Minister shall, subject to the provisions of this Act, pay to that local authority, for each of the sixty years following the completion of the house, an annual contribution (hereinafter referred to as an ‘annual exchequer contribution’).
(2) Subject to the provisions of this Act, the amount of each annual exchequer contribution shall be that one of the standard amounts hereinafter mentioned which is appropriate to the house in respect of which the contribution is payable.
2 General standard amount of exchequer contributions.
2. Subject to the following provisions of this Act, the standard amount of the annual exchequer contribution for any house shall be sixteen pounds ten shillings.
The said amount is hereinafter referred to as the ‘general standard amount’.
3 Special standard amount of exchequer contributions.
(1) For a house provided by the council of a county district by way of housing accommodation required for the agricultural population of their district, the standard amount of the annual exchequer contribution shall, subject to the following provisions of this Act, be twenty-five pounds ten shillings.
The said amount is hereinafter referred to as the ‘special standard amount’.
(2) Where the Minister is satisfied, on an application made to him by the council of a county district with respect to any house which the council have provided or intend to provide—
(a ) that, apart from this subsection, the standard amount of the annual exchequer contribution for the house would be, or would be calculated by reference to, the general standard amount;
(b ) that the average rent of houses in the district occupied by wage earning workers, or by persons whose economic condition is similar to that of wage earning workers, is, where the district is a borough or urban district, substantially less than the average rent of houses so occupied in non-county boroughs and urban districts in England generally, and, where the district is a rural district, substantially less than the average rent of houses so occupied in rural districts in England generally; and
(c ) that when the amount of the expenditure incurred or to be incurred by the council of the county district under the enactments relating to housing is considered in relation to the financial resources of the district, the provision of the house with respect to which the application is made would impose an undue burden on the district, unless the standard amount of the annual exchequer contribution for the house is determined in accordance with this subsection;
then, if the Minister thinks fit so to determine, the standard amount of the annual exchequer contribution for the house with respect to which the application is made shall, subject to the following provisions of this Act, be the special standard amount:
Provided that in exercising his powers under this subsection the Minister shall have regard to any conditions which may be laid down by the Treasury.
4 Standard amount of exchequer contributions for flats, etc., on expensive sites.
(1) For a flat provided in a block of flats on a site the cost of which as developed (ascertained in accordance with Part I of the First Schedule to this Act) exceeds one thousand five hundred pounds per acre, the standard amount of the annual exchequer contribution shall, subject to the following provisions of this Act, be determined in accordance with the Table contained in Part II of the said First Schedule:
Provided that where the whole or any part of a block of flats on such a site as aforesaid is of at least four storeys (including any storey which is constructed for use for purposes other than those of a dwelling), and expenditure has been incurred in installing lifts in the block, then, if the Minister thinks fit so to determine in relation to any of the flats in the block, the standard amount of the annual exchequer contribution for that flat shall, subject as aforesaid, be determined in accordance with the Table contained in Part III of the said Schedule.
(2) Where a house (not being a flat in a block of flats)—
(a ) is provided on a site the cost of which as developed (ascertained in accordance with Part I of the First Schedule to this Act) exceeds one thousand five hundred pounds per acre; and
(b ) is provided under a scheme of development which makes provision also for the erection of one or more blocks of flats on the same site as the house;
then, if the Minister thinks fit so to direct, the standard amount of the annual exchequer contribution for that house shall be determined in accordance with the Table contained in Part II of the said First Schedule.
(3) Any question as to what constitutes a separate site for the purposes of this section and of the said First Schedule shall be determined by the Minister.
(4) For the purposes of any such determination—
(a ) where two buildings are contiguous to each other, or are separated from each other by a street only, the two buildings shall, if the Minister thinks proper, be deemed to be on the same site; and
(b ) where any land is purchased in connection with the provision of a building, and is to be used for the purposes of a new street to which the building will be contiguous, that land shall be deemed to form part of the site of the building.
In this subsection the expression ‘building’ includes any land appertaining to a building, and any land appropriated for the purposes of a building which has not been erected.
5 Local authorities' contributions.
(1) In respect of each house in respect of which annual exchequer contributions are payable, the local authority by whom the house was provided shall pay out of the general rate fund, for each of the sixty years following the completion of the house, an annual contribution (hereinafter referred to as an ‘annual rate fund contribution’).
(2) Subject to the provisions of this Act, the amount of each annual rate fund contribution shall be that one of the normal amounts hereinafter mentioned which is appropriate to the house in respect of which the contribution is payable.
(3) Subject to the following provisions of this Act, the normal amount of the annual rate fund contribution for any house shall be five pounds ten shillings.
(4) Where the standard amount of the annual exchequer contribution for a house is the special standard amount, the normal amount of the annual rate fund contribution for the house shall, subject to the following provisions of this Act, be one pound ten shillings.
(5) Where the standard amount of the annual exchequer contribution for a house is determined in accordance with the Table contained in Part II of the First Schedule to this Act, the normal amount of the annual rate fund contribution for the house shall, subject to the following provisions of this Act, be determined in accordance with that Table.
(6) Where the standard amount of the annual exchequer contribution for a house is determined in accordance with the Table contained in Part III of the said First Schedule, the normal amount of the annual rate fund contribution for the house shall, subject to the following provisions of this Act, be determined in accordance with that Table.
(7) In relation to a house provided by the London County Council, subsection (1) of this section shall have effect with the substitution for the reference to the general rate fund of a reference to the county fund.
6 Housing schemes involving expenditure on rights of support, etc.
6. Where the Minister is satisfied, on an application made to him by a local authority with respect to any house which the authority have provided or intend to provide, that the cost of providing the house has been or will be substantially enhanced by expenses attributable to the acquisition of rights of support, or otherwise attributable to measures taken by the authority for securing protection against the consequences of a subsidence of the site, then, if the Minister thinks fit so to determine—
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