Local Government Board's Provisional Orders Confirmation (No.13) Act 1892
| Jurisdiction | UK Non-devolved |
| Citation | 1892 c. ccii |
| Year | 1892 |
[55
&
56
VICT.]
-Local
Governmefit
Boaid's
[Ch.
ccii.]
Brovisionul
Ojders
Cmfimwlion,
(No.
13)
Act,
1892.
CHAPTER
ccii.
An
Act
to
confirm
certain Provisional Orders
of
the Local
AD.
IEW.
Government Board relating
to
the Urban Sanitary
Districts
of
Bilston, Morley,
and
West Ham.
[27th June
1892.1
-
HEREAS
the Local Government Board have made the
Provisional Orders set forth in the schedule hereto, under
And Erhereas
it
is requisite that the said Orders should be
confirmed by Parliament,
and
that tlie provisions herein contained
should be enacted with reference to two
of
those orders
:
Be
it
therefore enacted
by
the Queen'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.
The Orders
as
altered and set out in the schedule hereto
Orders
in
shall be and the same are hereby confirmed, and all the provisions
Ez$a,
thereof shall have full validity and force.
2.
The sanitary authority
for
tlie urban sanitary district
of
West
Restriction
Ham shall not, without the consent
of
the Local Government
~~~~",',",
Board, purchase or acquire, either compulsorily or by agreement,
of
labouring
in that district, ten
or
more houses included in the schedule to
the Order relating
to
that district hereby confirmed which after tlic
passing
of
this Act have
becn,
or on t'he fifteenth clay
of
December
last were, occupied either wholly or partially by persons belonging
to the labouring class
as
tenants
or
lodgers.
the
provisions
of
the Public Health Act,
18'75
:
38
&
39Vict.
55.
3.
The following provisions shall apply
to
the sanitary authority
Special
(1.)
The sanitary authority shall not pnrchsse
or
acquire, either
hbouring
for the urban sa9itary district
of
Morley
:-
provision
as
tc
houses
of
compulsorily or by agreement, in the district, ten
or
more houses
includecl in the scheclnle
to
tlie Order relating to thc district
[Price
2s.
9cZ.l
A
1
[Ch.
ccii.]
Zocal
Government
Bourd’s
[55
&
56
VICT.]
Provisionccl
Orders
Confirmation
(No.
13)
Act, 1892.
hereby confirnicd which after the passing
of
this Act have
been,
or
on
the fiftecntli d;iy
of
December last were, occupied
either wholly
or
partially by persons belonging
to
the labouring
class
as
tenants or lodgers, unless and until-
(..)
They shall havc obtained the approval of the Local
Government Board to
a
scheme for providing new dwellings
for such number
of
persons
as
were residing in such
houses
on the fiftoenth day
of
December last, or
for
such number
of persons
as
the Local Government Board
shall,
after
inquiry, deem necessary, having regard
to
the number
of
persons on or after that date residing in such houses and
working within one milc therefrom, and to the amount
of
vacant suitable accornmodation
in
the immediate
neighbourhood of such houses, or to the place
of
employ-
ment
of
such persons, and
to
all the circumstances
of
the
case; and
+3.)
They shall have given security to the satisfaction
of
the Local Government Board for the carrying out
of
the
scheme.
(2.)
The approval
of
ihc Local Government Boarcl
to
any scheme
under this section may be given either absolutely
or
con-
ditionally, and after the Local Governmd Board have approved
of
any such scheme they may
from
time to time approve
either absolutely or conditionally of any modifications in the
scheme.
(3.)
Every scheme under hhis section shall contain provisions
prescribing
the
time within which
it
shall be carried out, and
shall rcquirc the new dwellings proposed
to
be provided under
thc schernc to
lie
complcted
fit
for
occupation before the
persons residing in the houses in respect of which the scheme
is made are displaced
:
Provided that the Local Government Board may dispense
with the last-mentioned requirement, subject
to
such conditions,
if
any, as they may see
fit.
(4)
Any provisions
of
any schernc under this section
or
any
conditions subject to which tllc Local Governmcnt Board
may have approved
of
any
scheme,
or
of
any modifications
of
any scheme under this section,
or
subject
to
which they
may have dispensed with the above-mentioned requirement,
shall
he
enforceable by writ of mandamus
to
be obtained
by the Local Government Board out of the High Court.
A.D.
1892.
-
2
[55
&
56
VICE]
Locul
Goverizmeizt
Bourd's
[Ch.
ccii.]
P?*ovisionul
Orders
Cofi$rmdion
(No.
13)
Act,
1892.
(5.)
If
the sanitary authority acquire or appropriate any house
A.D.
1842.
OF
houses
for
the purposes of this Act,
or
of
the Order hereby
confirmed,
in
contravention of the foregoing provisions, or
displace or caused
to
be displaced the persons residing in any
house
or
houses
jn
contravention of the requirements of the
scheme, they shall be liable to a penalty
of
five hundred
pounds in respect
of
every such house, which penalty
shall
be
recoverable by the Local Government Board by action in the
High Court, and shall be carried to and form part
of
tlie
Consolidated Fund
of
the United Kingdom
:
Provided that the Court may, if
it
think fit, reduce such
penalty.
(6.)
Snbject
to
the provisions
of
this section, the sanitary autho-
rity and the Local Government Board and their inspectors
shall have and niay exercise for any purpose in conliexion
mith any scheme under this section
all
or any
of
the powers
1875,
in the
same manner in every respect as
if
the preparation and carrying
into effect of such scheme were one
of
the general purposes
of
that Act
:
Provided that
all
lands on which
any
buildings have been
erected or provided by the sanitary authority
in
pursuance
of
any
scheme under this section, shall,
for
a
period
of
twenty-five
years from the passing
of
this Act, be appropriated for thc
purpose
of
dwellings, and every conveyance, demise, or lease
of such lands and buildings shall
be
eiidorsed with notice
of
this enactment
:
Provided also that the Local Government Board may
at
any
time dispense with a11 or any of the requirements
of
this
sub-section, subject
to
such conditions,
if
any, as they may
see fit.
(7.)
The Sanitary Authority
shall
pay
to
the
Local
Government
Board a
sum
to
be fixed by that Board in respect
of
the prepara-
tion and issue
of
ally Provisional Order in pursuance
of
this
section, and any expenses incurred
by
that Board in relation
to
any inquiries iunder this section, including the expenses
of
any
witnesses summoned by the inspector holding the inquiry,
mi[
a
sum
to
be fixed by that Board, not excecding t'nrec gnincx
a
day,
for
the services
of
such inspector.
-
4.
For the purposes
of
sections two and three
of
this Act
D9fi,,itions
--
the expression
"
labxurin; class
"
inch
les
mechanics, art izaiis,
of
lilbouring
C1
W3.
A2
3
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