Housing (Financial Provisions) (Scotland) Act 1938
| Jurisdiction | UK Non-devolved |
| Citation | 1938 c. 3 |
Housing (Financial Provisions) (Scotland) Act, 1938
(2 & 3 Geo. 6.) CHAPTER 3.
An Act to amend the law in Scotland with respect to the making of contributions out of the Exchequer and by local authorities in respect of housing accommodation provided for the working classes, and with respect to arrangements between local authorities and other persons for the provision of such housing accommodation; and for purposes connected with the matters aforesaid.
[22nd December 1938]
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:—
1 Exchequer contributions in respect of housing accommodation provided by local authorities.
(1) Subject to the provisions of this Act, the Department shall undertake to make, and make, in respect of each new house completed after the thirty-first day of December nineteen hundred and thirty-eight, by way of housing accommodation for the working classes provided by a local authority in accordance with proposals approved by the Department, being housing accommodation to which this section applies, payment to that local authority of an annual contribution for a period of forty years.
(2) an annual contribution under this section shall be in respect of a house of three apartments the sum of ten pounds ten shillings, in respect of a house of four apartments the sum of eleven pounds fifteen shillings, and in respect of a house of five apartments, the sum of thirteen pounds:
Provided that—
(a ) where the Department are satisfied that by reason of—
(i) the costliness of providing housing accommodation in a re-development area; or
(ii) the purchase under Part I of the Act of 1930, or the payment of compensation under that Act in respect of the demolition, of dwelling-houses or other premises which are neither unfit for human habitation nor injurious or dangerous to health and which are included in, or adjoin, or are surrounded by, a clearance area; or
(iii) the costliness of the provision by a local authority, being the town council of a large burgh, of housing accommodation in tenements on a central site;
the total annual expenditure likely to be incurred by the local authority in providing housing accommodation to which this section applies is substantially greater than the equivalent of the aggregate of the annual contributions payable by the Department under the foregoing provisions and the provisions of subsection (4) of this section and the corresponding annual contributions payable by the local authority under section five of this Act, the Department may, with the sanction of the Treasury, undertake to make, and make, in addition to the appropriate contribution aforesaid payment to the local authority for a period of forty years of an annual contribution of such amount not exceeding fifteen pounds in respect of each house provided by way of such housing accommodation in the re-development area, in the clearance area or on land adjoining or surrounded by the clearance area and acquired in connection therewith, or in tenements on the central site as the case may be, as seems to the Department just and reasonable;
(b ) where the Department are satisfied that the total annual expenditure likely to be incurred by a local authority not being the town council of a large burgh in providing housing accommodation to which this section applies is substantially greater than the equivalent aforesaid in consequence of the remoteness of the sites of any houses in which such accommodation is provided from centres of supply of building labour and material, and the impracticability of obtaining for such houses higher rents than are ordinarily payable by persons employed in agriculture or fishing or by persons of the like economic condition, the Department may, with the sanction of the Treasury, undertake to make, and make, in addition to the appropriate contribution aforesaid payment to the local authority for a period of forty years of an annual contribution of such amount in respect of such of the houses so provided as seems to the Department just and reasonable.
(3) For the purposes of this section and of section five of this Act, a house of less than three apartments shall be deemed to be a house of three apartments, and a house of more than five apartments shall be deemed to be a house of five apartments.
(4) Where a local authority, in accordance with proposals approved by the Department, provide housing accommodation for single persons in a hostel completed after the thirty-first day of December nineteen hundred and thirty-eight, being housing accommodation to which this section applies, then, subject to the authority complying with such conditions, if any, as the Department may impose, each part of the hostel designed for separate occupation by such persons shall be deemed to be a new house in respect of which the Department must undertake to make, and make, an annual contribution under this section, so, however, that the amount of the annual contribution shall be the sum of five pounds ten shillings.
(5) This section shall apply to housing accommodation which—
(a ) is rendered necessary—
(ii) by displacements occurring in the carrying out of re-development in accordance with a re-development plan; or
(b ) is required for the purpose of putting an end to overcrowding in the district of the local authority.
(6) No contribution shall be payable under this section in respect of any house in respect of which a contribution is payable under section one of the Housing (Agricultural Population) (Scotland) Act, 1938 .
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