Housing (Temporary Accommodation) Act 1944

JurisdictionUK Non-devolved
Citation1944 c. 36


Housing (Temporary Accommodation) Act, 1944

(7 & 8 Geo. 6.) CHAPTER 36.

An Act to make provision for temporary housing accommodation, and for purposes connected therewith.

[10th October 1944]

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:—

S-1 Provision for making structures for temporary housing available to housing authorities.

1 Provision for making structures for temporary housing available to housing authorities.

1. With a view to enabling local authorities for the purposes of Part V of the Housing Act, 1936(in this Act referred to as ‘the principal Act’) to provide as a matter of urgency temporary housing accommodation for the purposes of the discharge of their duties under the said Part V, the Minister of Health (in this Act referred to as ‘the Minister’) may, by arrangements made by him with the Minister of Works for the manufacture or construction thereof and for the erection thereof on land acquired or appropriated for the purposes of the said Part V by any such authority, make structures for use by any such authority for providing such accommodation available to the authority such terms as the Minister may agree with them:

Provided that, unless it is otherwise hereafter determined by Parliament, no structures shall be made available under this section after the first day of October, nineteen hundred and forty-seven, other than structures intended to be made available before that date whose manufacture or construction was put in hand at a time when it appeared to the Minister that it would be practicable to make them available before that date.

S-2 Removal of structures made available under s. 1.

2 Removal of structures made available under s. 1.

(1) The Minister may cause a structure made available under the preceding section, together with any fittings forming part thereof, to be taken down and removed under arrangements made by him with the Minister of Works, on giving to the local authority such notice of his intention in that behalf as may be provided for by the terms agreed and shall do so on being requested to do so by the local authority at any time after the expiration of ten years from the passing of this Act unless it appears to the Minister that housing conditions require that it should remain but whilst remaining on the land the structure and any such fittings as aforesaid shall be deemed to be fixtures forming part of the freehold of the land.

(2) Where the Minister causes a structure to be removed under this section, he may, if the local authority so request, cause to be executed under arrangements made as aforesaid all such works as may be required for clearing the land of any substructure or other materials affixed to the land for the purposes of the erection of the structure.

(3) Structures, fittings and materials removed under this section shall be held or disposed of for the benefit of the Crown in such manner as the Minister may determine.

S-3 Terms on which structures may be made available under s. 1.

3 Terms on which structures may be made available under s. 1.

(1) The terms on which a structure may be made available under section one of this Act shall include provision for the making of a payment by the local authority to the Minister for each financial year, or part of a financial year, during which the structure remains on the land:

Provided that, in the case of a structure made available for erection on land of exceptionally high value, the said terms may either—

(a ) not include any such provision, or

(b ) not include any such provision but on the contrary provide for the making of a contribution by the Minister out of moneys provided by Parliament towards expenses incurred by the local authority in connection with the provision and maintenance of housing accommodation in the structure.

(2) The said terms may include any such provisions with respect to the use, management or maintenance of the structure in question, to the execution by or at the expense of the local authority of any works in connection with the erection of the structure or with the provision of housing accommodation therein, or to other relevant matters, being provisions consistent with the provisions of this Act and of the principal Act, as may appear to the Minister to be expedient.

S-4 Adaptation of certain provisions of Principal Act.

4 Adaptation of certain provisions of Principal Act.

(1) The provisions of the principal Act relating to houses provided by a local authority under Part V of that Act shall, as respects the period during which structures made available under section one of this Act remain on the land, have effect in relation to such structures, and housing accommodation provided in such structures shall be deemed to be provided under the said Part V.

(2) In paragraph (a ) of section seventy-three of the principal Act (which confers on a local authority power to acquire land as a site for the erection of houses) the reference to a site for the erection of houses shall be deemed to include a reference to a site for the erection of structures which may be made available to the local authority under section one of this Act, and any land acquired under that paragraph as such a site shall be deemed to be land acquired for the purposes of the said Part V.

(3) In paragraph (b ) of the proviso to subsection (4) of section one hundred and three of the principal Act (which provides that, without prejudice to the powers conferred on a metropolitan borough council by that Act with respect to the provision of housing accommodation within their borough, the London County Council shall be a local authority for the purposes of Part V of the principal Act as respects any part of the administrative county of London, other than the City of London, for the purpose of providing such housing accommodation as is mentioned in sub-paragraphs (i) to (iii) of that paragraph) the following sub-paragraph shall be inserted, that is to say—

‘(iv) temporary accommodation in structures made available under section one of the Housing (Temporary Accommodation) Act, 1944.’

(4) The Minister's making any such arrangements as aforesaid shall not, nor shall any approval given by him in connection with the execution of any such arrangements or the use of any structures the subject thereof, be treated as an approval by him for the purposes of subsection (2) of section one hundred and thirty-eight of the principal Act (which provides that, where the...

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