Recent Legal Decisions Affecting Public Administration
| Published date | 01 July 1931 |
| Author | F. A. Enever |
| Date | 01 July 1931 |
| DOI | http://doi.org/10.1111/j.1467-9299.1931.tb02905.x |
Notes
RECENT
LEGAL
DECISIONS AFFECTING
PUBLIC
ADMINISTRATION
By
F.
A.
ENEVER,
LL.D.
SYNOPSIS
Improvement
Schemes
:
Superannuation
Allowance
:
Unemployment
Insurance
:
The
Crown
and
the
Rent
Restriction
A*.
I.
Improvement Schemes.
THE
housing scheme litigation as to the legality
of
an Order
of
the
Minister
of
Health confirming the Liverpool (Queen Anne Street)
Improvement Scheme,
1928,
reached its final stage on the
23rd
March
last in the decision
of
the House
of
Lords in Minister
of
Health
v.
The King,
ex-parre
Yaffe
(Times,
24th
March,
1931;
Sol.
JoZ.
LXXV,
Mr. Yaffe, an Estate Agent
of
Liverpool, was the owner
of
two
houses which
it
was proposed to acquire compulsorily under the
scheme on account
of
their insanitary condition. He obtained
a
rule
nisi
for
a
writ
of
certiorari
to quash the Order
of
the Minister
confirming the scheme
on
the ground that the Minister had
no
juns-
diction to make the Order, as the scheme which the Order purported
to confirm was not an improvement scheme within the meaning
of
the Housing Act,
1925.
Section
35
of the Housing Act,
1925,
empowered local authorities
to make schemes
for
the improvement of unhealthy areas within their
district,
and
Section
40
(3)
provided for the confirmation of such
schemes by the Minister
of
Health with or without conditions or
modifications. Section
40
(5)
enacted that the Order
of
the Minister,
when made, should have effect as if enacted in the Act.
The grounds of Mr. Yaffe’s contention that the scheme was
not an improvement scheme within the Housing Act,
1925,
were
(a)
that it contained no concrete proposals
for
the development
of
the
area after acquisition
by
the Liverpool Corporation;
(b)
that it did
not provide for the rearrangement or reconstruction of any
of
the
streets or houses in the area;
(c)
that
it
provided that the land
within
the area might be sold, leased, or otherwise disposed
of
as the Council
might think fit, and that the estimates which accompanied
the
scheme
353
232).
E
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