Local Government Board's Provisional Orders Confirmation (No.12) Act 1893
| Jurisdiction | UK Non-devolved |
| Citation | 1893 c. cxxx |
| Year | 1893 |
[56 & 57 VICT.] Local Government Board's [Ch. CXXX.]
Provisional Orders Confirmation (No. 12) Act, 1893.
CHAPTER cxxx.
An Act to confirm two Provisional Orders of the Local
A.D.
1893.
Government Board relating to the City of Manchester.
[27th July 1893.]
W
HEREAS the Local Government Board have made the
Provisional Orders set forth in the schedule hereto, under
the provisions of the Public Health Act, 1875 :
38*
39
Vict.
And whereas it is requisite that the said Orders should be
confirmed by Parliament, and that the provisions herein contained
should be enacted with reference to one of such 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 shall Orders in
be and the same are hereby confirmed, and all the provisions thereof confirmed
shall ha\;e full validity and force.
2.—(1.) The urban sanitary authority for the City of Manchester Eestriction
shall not purchase or acquire, either compulsorily or by agreement, °o
P°^er
in that City, or in any other urban sanitary district, ten or more houses
of
houses included in the schedule to the Order relating to the ^°s"™g
purchase of lands hereby confirmed, which after the passing of
this Act have been, or on the fifteenth day of December last were,
occupied either wholly or partially by persons belonging to the
labouring class as tenants or lodgers, unless and until—
[a.) They shall have obtained the approval of the Local Govern-
ment Board to a scheme for providing new dwellings for such
number of persons as were residing in such houses on the
fifteenth 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
[Price 5s. 3d.] A 1
[Ch.
CXXX.] Local Government Board's [56 & 57 VICT.]
Provisional Orders Confirmation (No. 12) Act, 1893.
A.D.
1893.
that date residing in such houses and working within one mile
therefrom, and to the amount of vacant suitable accom-
modation in the immediate neighbourhood of such houses, or
to the place of employment of such persons, and to all the
circumstances of the case; and
(6.) They shall have given security to the satisfaction of the
Local Government Board for the carrying out of the scheme.
(2.) The approval of the Local Government Board to any scheme
under this section may be given either absolutely or conditionally,
and after the Local Government 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 this section shall contain provisions
prescribing the time within which it shall be carried out, and shall
require the new dwellings proposed to be provided under the scheme
to be completed 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 scheme under this section, or any
conditions subject to which the Local Government 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 be enforce-
able by writ of mandamus to be obtained by the Local Government
Board out of the High Court.
(5.) If the sanitary authority acquire or appropriate any house
or houses for the purposes of this Act or of the Order relating
to the purchase of lands hereby confirmed 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 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 the Consolidated
Eund of the United Kingdom :
Provided that the Court may, if it think fit, reduce such penalty.
(6.) Subject to the provisions of this section, the sanitary authority
and the Local Government Board and their inspectors shall have
and may exercise for any purpose in connexion with any scheme
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[56 & 57 VICT.] Local Government Board's [Ch. CXXX.]
Provisional Orders Confirmation (No. 12) Act, 1893.
under this section all or any of the powers vested in them under
A..D.
1893.
the Public Health Act, 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
date of the scheme, be appropriated for the purpose of dwellings,
and every conveyance, demise, or lease of such lands and buildings
shall be endorsed with notice of this enactment:
Provided also that the Local Government Board may at any time
dispense with all 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 preparation
and issue of any Provisional Order in pursuance of this section, and
any expenses incurred by that Board in relation to any inquiries
under this section, including the expenses of any witnesses sum-
moned by the inspector holding the inquiry, and a sum to be fixed
by that Board, not exceeding three guineas a day, for the services
of such inspector.
(8.) Por the purposes of this section the expression " labouring Definition of
class " includes mechanics, artizans, labourers, and others working c^as^
for wages, hawkers, costermongers, persons not working for wages
but working at some trade or handicraft without employing others
except members of their own family, and persons, other than
domestic servants, whose income does not exceed an average of
thirty shillings a week, and the families of any of such persons who
may be residing with them.
3.
This Act may be cited as the Local Government Board's Short title.
Provisional Orders Confirmation (No. 12) Act, 1893.
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