Education Department Provisional Order Confirmation (London) Act 1899

Publication Date:January 01, 1899


Education Department Provisional Order Confirmation (London) Act 1899

(62 & 63 Vict.) c. cclxxvi

An Act to confirm a Provisional Order made by the Education Department under the Elementary Education Acts 1870 to 1893 to enable the School Board for London to put in force the Lands Clauses Acts

[9th August 1899]

[62 & 63 VICT.] Education Departmant Provisional [ Ch. cclxxvi.] Order Confirmation (London) Act? 1899. CHAPTER cclxxvi. An Act to confirm a Provisional Order made by the A.D. 1899. - Education Department under tlie Elementary Education Acts 1870 to 1893 to enable the School Board for Loiidon to put in force the Lands Clauses Acts. [9th August, 1899.3 HEREBS the Education Department have matie a Provisional TV Order under the authority of the Elementary Education Acts 1870 to 1893 on behalf of tlie Scliool Board for London and it is requisite that the same should br, confirmed by Parliament : Be it therefore enacted by tlic Quccii's most Excellent Majesty by ancl with the advice and consent of the Lords Spiritual aiid Tenlporal aiid Commons in this prcsm t Parliamciit assembled and by the authority of the same as follows :- to this Act shall bc and is liereby coiifiriiied aiid from niid after of'ort1cr tlie passing of this Act shall hare full validity and force. 2. Nothing coiitniiied in this Act or in tlie Order liereby coiifinnrtl Savin:. right5 of sliall extend to authorisc thc School Board for London to take use L)uclly of enter upon or iutcr!'erc with an)* land soil or watcr or any rights Cornn-d. in respect thereof belonging to lIer Xnjesty in right of the Duchy of Cornwall without tlic consent iii writing of smie two or more of such of the regulnr officers of tlie said Duchy or of such other persons as may be duly authorised under the proJ-isioiis of the I ucliy of Corii~vall Manngenivnt Act 1863 section thirty-nine to ZG 'L 2; IriCL. cxercise all or any of tlic riylits pow(:rs privileges :tiid autliorities c. 4g. by the said Act Inacie exerciseable or otherwise for the tiiiic being exerciseable in relation to tlic said DLLL~~J- or beloiigit~y to tlic Duk= of Corn~:dl for tlie tiiiic: 1)eiiig \\itIiout the coiiwut of siicli hilie tesLified in writing imtler tho scd of tlic 1)ucliy of Cor11~1-alI tircf 11ad and obtained for that pur1)osc or to take away diiiiinish altcbr projudice or affcct aiip property rights profits privileges powvs 1. The following Ordcr as amended and set out iii tile schedule cio~~fi~lll.L~ioT~ in sclletlulr. [Price 2s. 3d.1 A 1 [Ch. cclxxvi.] Education Department ProVisiml [62 & 63 VICT.-] Order Conji,~il.mation (London) Act, 1899. A.~, 189~. - or authorities vested in or cnjoycd by Ihr Majesty in riglit of tlic Dachy of Cornwall or iu or by tlie Duke of Cor~ivall for tlic time being. 3. Nothing liercin contained shall he construed to authorise the said Board to extinguisli any public rights of way without such Order being obtained as but for this Act would have been required for that purpose. Saving of of "ay. public rights Saving with respect to of labouring class. 18 8r 10Vict. c. 120. 4.-(1,) The Board shall not under the powers of this Act or of the said Order purchase or acquire in any parish in tlic Metropolis as defined by the Metropolis Management Act, 1855 twenty or morc houses which on the fiftecnth day of December last were or have been since that day or shall liereafter be occupicd either wholly or partially by pcrsons belonging to tile lahourinq class as tcnants or lodgers unless and until- (a.) Thy shall have obtained the approval of tlic Secretary of State for the Homc Departmcnt to a sclicme for providing iiew dwellings for such number of pcrsons ikS mre residing in such houses on the fifteenth day of Dcccmbcr Inst or for such number of persons as tlie Secretary of State shall after inquiry deem necessary having regard to tlie number of persons on or after that (late residiiig in such houses and working within one mile therefrom ancl to the aniount of vacant suitable accom- modation in the immediate neighbourhood of sucli houses or to the place of employment of such persons and to all the circumstances of tlie case ; and (b.) They shall have given security to the eatisfaction of tlie Secretary of S$ate for the carrying out of the scheme. (2.) The appruval of tlie Secretary of State to any scheme under this section may be givcn either absolutely or conditionally and after the Secretary of State litis approved of any such scliemc he may from time to time approve either absolutely or conditionally of any modifications in the scheme. (3.) Every scheme under this section shall contain provisions prescribing the time n-itliin mliicli it sliall be carried out and sliall require thc ncw dwellings proposed to bc provided under tlic sclienic to hc cwiiiplcted fit for occupation before tlie persons rcsiding in the houses in rcspccl of wliicli the sclic.me is madc are clisplaced Provided that the Secretary of State may dispense wit11 the last-mentioned requirement subject to such conditious (if any) as lie may see fit. 2 [62 & 63 VICT.] Education Department Provisional [Ch. cclxxvi.] Order Confirmation (liondon) Act, 1899. (4.) Any provisions of any scheme under this section and -. 18~. any conditions subject to wliicli the Secretary of State may liavc approved of any scheme or of any modifications of any scheme under this section or subject to wliicli lie may have dispensed with the above-mentioned requirement shall be eiiforceable by a writ of Nandamus to be obtained by liim out of the High Court. (5.) If the Board acquire or appropriate any house or houses for the purposes of this Act in contravention of the foregoing provisions or displace or cause to be displaced the persons residing in any house or houses in contravention of the requirements of the scheme they shall be liable to a penalty of five hundred pounds in respect of any such house which penalty shall be recoverable by the Secretary of State by action in the High Court and shall be carried to and form part of the Consolidated Fund of the United Kingdom Provided that the Court may if it think fit reduce such penalty. (6.) For the purpose of carrying out any scheme undcr this section tlic Board inay subject to the approval of tlie Education Department appropriate any lands for tile time being belonging to them or vhich they have power to acquire and may purchase such further lands as they may require. (7.) The Board may subject to such approval as aforesaid 011 any lands belonging to tlieni or pnrc!iased or acquired under this section erect such dwellings for persons of the labouring class as may be necessary for tlie purpose of any sclieme under this section slid may sell demise or let or otlicru-isc disrJose of such dnclliiigs and any lands purchased or acquircd as aforesaid. (8.) All lands on wliicli any buildings littvc been erected or providcd by tlic Board in pursuance of any scheme uiidcr this section sliall for a period of tivent! -five jc:m from the date of tlic scheme be appropi*iatec'l fbr tlic purpose of sncll d~vcllings and orcry coiivcjance de~iiisc or lease of sucli lands and 1)uildings sliall be endorsed with notice of this cnactiiieiit Provided that the Secretary of State may at any time clispciisc with all or any ol tlic reqnire- mcnts of this subsection subject to sucli coiiditions (if aiij.) as he may see fit. (9,) All Imildings ercctcd or proyicled by tlie Board for tlie purpose of aiij- sclienic untlcr thih section slid1 1)c subject to tlie provisions of tlic JIeti.ol,o!is Jlnnagc~ment ,lct Ib55 ailcl tlic: 18 L 19 \'ic+. London Building Act 1894 and any Acts amending tliose respcctivc 57 Acts. C. ccxiii, c. 120. 3H A2 3 [Ch. cclxxvi.] E7ducation Departmeat Provisioital [62 & 63 VICT.] Order Coi@rmation (London) Act, 1899. A.D. iS99. (le.) The Secretary of State may direct any inquiries to be held n liich lic may deeiii necessary in relation to any sclieme under this scction and for giving effect to any of the provisions of this section and niay appoint inspectors for the purposes of any such inquiry and every such inspector shall for the purpotes of any such inquiry have all such pomm as inspectors of the Local Governnient Board have for the purposes of inquiries directed by (11.) The Board shall pay to the Secretary of State a sum to be fixed by him in respect of any expenses incurred by him in relation to any inquiries under tliis section including the expenses of any witnesses summoned by tlic inspector holding the inquiry and a reasonable sum to be fixed by the Secretary of State for tlie services of such inspector. xi `CL 39 Get. that Board under the Public Health Act 1875. c. 5.5. . (12.1 Any houses on any of the lands shown on the plans deposited with reference to this Order or to the Orders confirmed by tlic 13ducation Department Provisional Order Confirmation (Lolitloll) Acts of 189.5 Session 2 1896 7897 and 1898 and dcscribcd in the schedules to the said Orders occupied or which may have been occupied by persons of the labouring class within fivc years bcfore tlic passing of this Act wliich have becu acquirctl by or on belidl. of the School Board and for which houses no substicutvs havc been or are directed to be provided by any scheme approved by the said Secretary of State under the pou-crs of any previous Act relating to tlie School Board shall for tlic purpobes of this section be deemed to have been acquircd under tlic powers of this Act and to Iiave been occupied on tlic fifteenth day of Dcceniber last by tlie sainc iiumbcr of persons bclonging to the labouriiig class as werc occupying the said Iiouscs at the data of tlieir acquisition Provided that if tlic said Secretary of State is unable to ascertain tlic niiinbcr of such persons who were then occupying tlic, said houses tlic said liouscs shall be deemed to have been occupied by such nrunibcr of such persons as in tlic opinion of tlie said Secretary of State they might have been sufficient to accoinlvodat e...

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