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houses, courts, or alleys, and the sanitary defects in such area cannot be effectually remedied otherwise than by an improvement scheme for the rearrangement and reconstruction of the streets and houses within such area, or of some of such streets or houses, the local authority shall take such representation into their consideration, and if satisfied of the truth thereof, and of the sufficiency of their resources, shall pass a resolution to the effect that such area is an unhealthy area, and that an improvement scheme ought to be made in respect to such area, and after passing such resolution they shall forthwith proceed to make a scheme for the improvement of such area. Provided always that any number of such areas may be included in one improvement scheme."
According to Section 6 the improvement scheme' Maps, paris to be accompanied by 'maps, particulars, and estimates. estimates.'
Since there may be opposition to any representation the health officer may make, and since, in any case, there is sure to be a close examination of the facts on which a representation is based, the health officer will find it on the whole more convenient to get out as many details as he can before making the first representation, and not wait until a resolution has been passed by the authority. The 'particulars' which may be expected in a scheme are the following:
Names and addresses of owners and occupiers.
Number, ages, etc., of inhabitants.
Amount of rent paid.
Length of residence.
Local and general drainage.
General sanitary condition of each house.
List of par
ticulars for a scheme under Part I.
Absence or otherwise of dampness.
Nature of the subsoil.
Structure of the houses, and, added to this, some statement with regard to the health. It will be prudent to tabulate the mortality statistics in relation to the area for a number of years, and to obtain from notification records, and from any public medical institutions information as to both deaths and sickness of persons belonging to the area. In Neighbouring making the improvement scheme under Section 6 (1) the authority has a tolerably free hand, for all the area need not be included; or, again, any neighbouring lands, that is, any adjoining district which has not been reported upon, and is even in a good sanitary state, may be included, always provided that the exclusion or the inclusion is necessary for making the scheme efficient for sanitary purposes.
lands may be included if necessary to make the
Accommodation for working
Any existing approaches, such, for example, as narrow streets leading to the area may be opened provided, except out or widened. The authority must, however,
placed must be
dispensed with. provide in the scheme for proper sanitary arrangements, and also for dwelling accommodation for the working classes displaced, unless this condition is dispensed with by the confirming authority under Section 2.
Formalities of publication and notice.
The scheme must also distinguish the lands proposed to be taken compulsorily.
The scheme once formed and adopted by the local authority, the Act provides a course of procedure which must be strictly followed out, having for its object the making the public generally, and especially
those directly affected, fully acquainted with the details of the scheme. The formalities of publication and notice are analogous to those in relation to bills for the construction of new railways and the like.
notice in news
First of all, the local authority must publish First step, in a local newspaper, during either September, papers on October, or November, an advertisement of the only. scheme, naming a place where a copy of the scheme may be seen at all reasonable hours. During the month following the advertisement month, notices Second step, are to be served on every one likely to be affected, that is, on owners, reputed owners, lessees, and reputed lessees, and the occupiers. It is, however, expressly provided that one notice addressed to the occupier or occupiers, and left at any house, shall be deemed to be a notice served on the occupier or occupiers of any such house.
notice to owners and occupiers
Petition (a) in
where to Local
These preliminary steps having been completed, Third step, the next step is the petition which, in London, must London to be presented to the Secretary of State, but elsewhere State, (b) else to the Local Government Board, praying for an order Government confirming the scheme. The petition has to be supported by evidence of the full particulars and proof that the statutory requirements have been fulfilled. The confirming authority next hold a Fourth step, local inquiry for the purpose of ascertaining the correctness of the official representation, and any local objections to be made to such scheme.'
After receiving the report made on such inquiry, Fifth step, the confirming authority may make a provisional order. order declaring the limits of the area comprised in
If opposed, referred to a Select Com
Summary of procedure to carry a scheme under Part I.
through all its stages.
the scheme, and authorising such scheme to be carried into execution (Section 8).
The provisional order having to be passed through Parliament, like any other bill, there is still a chance of opposition; and, if the bill is opposed, it is treated like an opposed local or personal bill, and referred to a Select Committee of either House, before whom both sides are heard. The costs of the hearing are paid by promoters or opponents of the bill, as the Committee may think right. If, for example, the Committee thought the opposition had no just grounds for action, they might saddle the opposition with all the costs.
To recapitulate, the successive stages of a scheme being brought to a successful termination are as follows:
(a) Preliminary Steps.
1. The official representation by the medical officer of health.
2. Consideration of the representation by the local authority.
3. The passing of a resolution to carry out an improvement scheme.
4. Preparation of improvement scheme, with maps, plans, and elaborate particulars.
(b) Steps to carry scheme into execution.
1. Notice in local newspaper in either September, October, or November.
2. The service of notices in either October,
November, or December (according to the
3. Petition asking for confirmation (a) in London
4. Local inquiry.
5. Provisional Order.
6. Introduction of Provisional Order as a Bill
7. Possible opposition; if so, referred to a Com
8. Confirmation by Parliament.
Upon this it is the distinct duty of the authority Duty of
to take steps for purchasing the land required for authority to the scheme, and otherwise for carrying the scheme the scheme. into execution (Section 12).
The provisions of the Lands Clauses Act apply as Provisions of to taking by agreement of any lands which the local Act apply. authority may require for carrying into effect the scheme, but no land can be taken compulsorily, except so far as authorised by the scheme.
When it comes to compulsory purchase, owners are liable to put a high value on their property, so that, as a rule, most of the area has to be referred to an arbitrator to assess.
The principles on which he has to act are fully Principles on set forth in Section 21.
which arbitration is to be based.
The value of such lands or interests are to be Value to be
based on the full market value, due regard being had value according