Housing (Miscellaneous Provisions) Act, 1931

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SECOND SCHEDULE.

Compulsory Purchase Orders.

PART I.

Provisions applicable in the case of Compulsory Purchase Orders made for the purposes of this Act and subject to the modifications contained in Part II of this Schedule in the case of such Orders made for the purposes of Part III of the Act of 1890.

1. A compulsory purchase order shall be in the prescribed form and shall describe by reference to a map the land to which it applies and shall incorporate, subject to the modifications hereinafter mentioned and any necessary adaptations—

(a) the Lands Clauses Acts (except sections one hundred and twenty-seven to one hundred and thirty-two of the Lands Clauses Consolidation Act, 1845) as amended by the provisions contained in the Second Schedule to the Act of 1890 and the Housing of the Working Classes Acts;

(b) the Acquisition of Land (Assessment of Compensation) Act, 1919 , as amended by the Acquisition of Land (Reference Committee) Act, 1925 (No. 22 of 1925).

2. The modifications, subject to which the Lands Clauses Acts and the Acquisition of Land (Assessment of Compensation) Act, 1919 , as amended as aforesaid shall be incorporated in the Order are as follows:—

(i) The compensation shall be assessed in accordance with such of the provisions of the Housing of the Working Classes Acts relating to the assessment of compensation in respect of land purchased compulsorily as are applicable to the particular case;

(ii) The arbitrator shall not take into account any building erected or any improvement or alteration made or any interest in land created after the date on which notice of the order having been made is published in accordance with the provisions of this Schedule if, in the opinion of the arbitrator, the erection of the building or the making of the improvement or alteration or the creation of the interest in respect of which a claim is made was not reasonably necessary and was carried out with a view to obtaining or increasing compensation.

3. If the order is made in connection with a clearance area it shall show in the prescribed manner what parts, if any, of the land to be purchased compulsorily are outside the clearance area.

4. Before submitting the order to the Minister the local authority shall—

(a) publish in one or more newspapers circulating within their district a notice in the prescribed form stating the fact of such an order having been made and describing the area comprised therein and naming a place where a copy of the order and of the map referred to therein may be seen at all reasonable hours; and

(b) serve on every owner, lessee and occupier (except tenants for a month or a less period than a month) of any land to which the order relates, and, so far as it is reasonably practicable to ascertain such persons, on every mortgagee thereof, a notice in the prescribed form stating the effect of the order and that it is about to be submitted to the Minister for confirmation, and specifying the time within and the manner in which objections thereto can be made.

5. If no objection is duly made by any of the persons upon whom notices are required to be served, or if all objections so made are withdrawn the Minister may, if he thinks fit, confirm the order with or without modification, but in any other case he shall before confirming the order, cause a public local inquiry to be held, and shall consider any objection not withdrawn and the report of the person who held the inquiry, and may then confirm the order either with or without modification:

Provided that—

(a) the Minister may require any person who has made an objection to state in writing the grounds thereof, and may confirm the order without causing a public local inquiry to be held if he is satisfied that every objection duly made relates exclusively to matters which can be dealt with by the arbitrator by whom the compensation is to be assessed;

(b) the order as confirmed by the Minister shall not—

(i) authorise the local authority to purchase compulsorily any land which the order would not have authorised them so to purchase if it had been confirmed without modification;

(ii) authorise the authority to purchase as being land comprised in a clearance area any land shown in the original order as being outside that area;

(c) if the Minister is of opinion that any land included by the local authority in a clearance area ought not to have been so included, he shall in confirming the order so modify it as to exclude that land for all purposes from the clearance area; but if in any such case he is of opinion that the land may properly be purchased by the authority under section seven of this Act, he shall further modify the order so as to authorise the local authority to purchase that land under the said section seven and not as being land comprised in the clearance area.

6. The Minister may confirm an order made in connection with a clearance area notwithstanding that the effect of the modifications made by him in excluding any buildings from the clearance area is to sever that area into two or more separate and distinct areas, and in any such case the provisions of this Act relating to the effect of an order when confirmed and to the proceedings to be taken subsequent to the confirmation thereof shall apply as if these areas formed one clearance area.

7. In construing for the purpose of this schedule or any order made thereunder any enactment incorporated in the order, this Act, together with the order, shall be deemed to be the special Act and the local authority shall be deemed to be the promoters of the undertaking.

PART II

Modifications of Part I of this Schedule in the application thereof to Compulsory Purchase Orders made for the purposes of Part III of the Act of 1890.

The provisions contained in Part I of this Schedule shall apply to the making, submission and confirmation of compulsory purchase orders made for the purposes of Part III of the Act of 1890 subject to the following modifications, that is to say: paragraph 3, so much of paragraph 4 as requires the service of notices on mortgagees and the provisos (b) (ii) and (c) to paragraph 5 shall not apply.