Essential Buildings and Plant (Repair of War Damage) Act 1939

JurisdictionUK Non-devolved
Citation1939 c. 74


Essential Buildings and Plant (Repair of War Damage) Act, 1939

(2 & 3 Geo. 6.) CHAPTER 74.

An Act to provide for the repair of buildings used for purposes essential to the welfare of the civil population, and the reinstatement of the plant of undertakings carried on for such purposes, where the buildings or plant are damaged by war.

[1st September 1939]

Be 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:—

S-1 Loans for repairs to buildings.

1 Loans for repairs to buildings.

(1) Where the appropriate Minister is satisfied on the representations of a local authority or otherwise—

(a ) that any building used for purposes which, in the opinion of the appropriate Minister, are essential to the welfare of the civil population has become wholly or partly incapable of use for those purposes by reason of war damage, and

(b ) that the building can be rendered fit to be used for those purposes (hereafter in this section referred to as ‘the essential purposes’) at a reasonable cost; and

(c ) that lack of buildings available for the said purposes makes it essential that the building should be rendered so fit;

the following provisions of this section shall have effect:

Provided that nothing in this section shall apply to a building used solely for housing purposes.

(2) Where a local authority is an owner or occupier of the building (whether or not some other person is an owner or occupier thereof)—

(a ) the appropriate Minister may, with the approval of the Treasury, lend to that authority such money as appears to him to be necessary for carrying out the works which in his opinion will render the building fit to be used for the essential purposes;

(b ) if the appropriate Minister considers that it is essential for the welfare of the civil population that certain works should be carried out forthwith, he may—

(i) by notice require the said authority, or in special circumstances the housing authority in whose area the building is situated, to carry out those works; and

(ii) with the approval of the Treasury, lend to the authority so required such money as in his opinion is necessary to enable the authority to comply with the requirement.

(3) Where some person other than a local authority is an owner or occupier of the building (whether or not a local authority is an owner or occupier thereof)—

(a ) the appropriate Minister (with the approval of the Treasury) or the housing authority in whose area the building is situated, may lend to that person such money as appears to that Minister to be necessary for carrying out the works which in the opinion of that Minister will render the building fit to be used for the essential purposes; and

(b ) where such money is lent to that person by that housing authority, the appropriate Minister may, with the approval of the Treasury, lend an equivalent amount to that authority:

Provided that no loan shall be made to any person under paragraph (a ) of this subsection unless the appropriate Minister or the housing authority, as the case may be, is satisfied that that person is willing, but unable without financial assistance, to carry out the said works.

(4) Where—

(a ) the building is a building to which this subsection applies and no local authority is an owner or occupier thereof; and

(b ) the appropriate Minister considers that it is essential for the welfare of the civil population that certain works should be carried out forthwith; and

(c ) any person being an owner or occupier of the building is willing for those works to be carried out but is unable to carry them out without financial assistance;

then—

(i) the appropriate Minister may by notice require the housing authority in whose area the building is situated either to carry out the said works themselves or to lend to the person so willing such money as appears to that Minister to be necessary for carrying out those works;

(ii) the appropriate Minister may, with the approval of the Treasury, lend to the said housing authority any money required by the authority for the purpose of complying with the said notice;

(iii) where the works are carried out by the housing authority, the provisions of subsections (3), (4), (5) and (6) of section ten of the Housing Act, 1936 (which relate to the recovery of expenses incurred by an authority under that section) shall have effect as if references to that section included references to this subsection, and as if references to a house included references to a building:

Provided that no demand for expenses incurred in carrying out the said works shall be made under subsection (3) of the said section ten until the end of the period of the present emergency.

(5) The last foregoing subsection applies to the following buildings, namely—

(a ) buildings used as hospitals or first-aid posts or otherwise for civil defence purposes;

(b ) buildings used as schools or other educational establishments; and

(c ) buildings of any other class to which the Minister of Health may by order declare that the said subsection applies.

(6) Any order made by the Minister of Health as aforesaid may be varied or revoked by a subsequent order made by him.

S-2 Loans for reinstatement of plant.

2 Loans for reinstatement of plant.

2. Where the appropriate Minister is satisfied, on the representations of a local authority or otherwise—

a ) that any undertaking, carried on wholly or partly for purposes which, in the opinion of the appropriate Minister, are essential to the welfare of the civil population, has become wholly or partly incapable of being carried on for those purposes by reason of the occurrence of war damage to any plant used for the purposes of the undertaking; and
b ) that the plant can be repaired or replaced at a reasonable cost; and
c ) that lack of undertakings carried on for the said purposes makes it essential that the plant should be repaired or replaced; and
d ) in a case where the undertaking is being carried on by some person other than a local authority that that person is willing, but unable without financial assistance, to repair the plant

the appropriate Minister may, with the approval of the Treasury, lend to the...

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