(b) reconstruction schemes which had been, or which ought to be, initiated by metropolitan borough councils. are to be construed so as to give effect to the provisions of the Act of 1923, which gave to the London County Council and to metropolitan borough councils concurrent powers with respect to both improvement schemes and reconstruction schemes. The Committee came to the conclusion that Clause 56 as drawn correctly interpreted the law. CLAUSE 59. Doubts have been raised in Lancashire whether the definition of "sale" in the Act of 1919 as including a sale in consideration for an annual rent charge authorised a sale for a chief rent. The Committee have added words to remove the doubt. CLAUSE 82. As respects the expenses of a rural district council, Section 42 (2) of the Act of 1890 provides that the expenses of such a council under Part II. of that Act "other than the expenses incurred in and incidental to "proceedings for obtaining a closing order" are to be charged as special expenses on the contributory place in respect of which they are incurred. The words "in and incidental to proceedings for obtaining a closing "order" have reference to the provisions of the Act of 1890 with respect to closing orders which, under the Act as originally enacted, involved the obtaining of an order by the court of summary jurisdiction on the application of the local authority. As the Act of 1909 abolished this procedure and gave local authorities power themselves to make closing orders without the necessity of proceedings before any court, the words above quoted seem to have been practically repealed, and have therefore been omitted in the present Bill. CLAUSE 84. There is some doubt whether the expenses of county councils (including the expenses of the London County Council when acting in their capacity as county council and not in their capacity as local authority) are to be treated as expenses for general county purposes or for special county purposes. The powers exercisable by county councils in respect. of which expenses may be incurred are: (1) power to act in default of a local authority; (2) power to provide housing accommodation for employees; (3) power to promote the formation of or assist public utility societies. The existing Acts provide expressly that the expenses of county councils (including the London County Council) under head (3) are to be treated as expenses for general county purposes, but contain no express provision as to the other expenses. The expenses under head (1) are immaterial, as any expenses incurred are recoverable from the local authority in default. The expenses of providing housing accommodation for employees will probably be charged to the service on which the particular employees are engaged (e.g., the expenses of providing housing accommodation for tramway men will be charged to the tramway undertaking) and will, therefore, be expenses for general or special county purposes according to whether the expenses of the particular services are general or special. The Committee have therefore thought that effect could only be given to the existing law by providing that the expenses are to be treated as expenses for general or special purposes as the case may require, with a proviso that the expenses under head (3) are to be treated as expensesfor general county purposes. FOURTH REPORT BY THE Select Committee appointed to join with a Committee of the House of Commons to consider all Consolidation Bills in the present Session. HOUSING BEING A REPORT UPON THE (SCOTLAND) BILL [H.L.]. ORDERED TO REPORT THAT— 1. The Committee have considered the Bill and made in it such amendments as seemed to them to be required to bring it into conformity with the existing law and to be desirable to improve its form. These amendments are set out in Appendix I to this Report. The Committee consider that the Bill, as amended, represents the existing law relating to the housing of the working classes of a permanent character, and that the Bill should be allowed to proceed. 2. The course of legislation has made necessary some rearrangement of the subject matter, and the Bill is framed on the following lines: Part I.-Provisions relating to the repair and sanitary condition of existing houses. These include the obligation of landlords to keep houses in repair; the power of the local authorities to repair if the landlord fails in his obligation; the power of the local authorities to make byelaws respecting houses divided into separate dwellings; the closing and demolition of insanitary houses, and the demolition of obstructive buildings. Part II.-Improvement and reconstruction schemes for the clearance of insanitary areas. Part III.-The provision of additional housing accommodation. 3. The Bill leaves outstanding the temporary provisions of the Acts now in force for encouraging the building of workmen's dwellings to meet the present shortage and does not in any way prejudice the passing of new measures designed for this object. These measures, being for the most part of a financial nature, can be engrafted on the permanent law without disturbing it. 4. Complete consistency in the use of expressions in the Bill has been rendered difficult because in the existing legislation different words are used for what are substantially the same things. The language of the Bill has been made fairly consistent throughout without, in the opinion of the Committee, effecting any material alteration in the law. 5. As is invariably the case with Consolidation Bills, questions arose before the Committee as to the exact effect of later enactments upon earlier enactments, and as to whether the Bill when reproducing the exact language of the existing enactments did not thereby in some cases alter the law. The cases in which such doubts arose are set out in Appendix II to this Report, with the manner in which the Committee dealt with them. 6. The Committee were furnished with a Table of Comparisons showing how each of the enactments proposed to be repealed is dealt with in the Consolidating Bill. It appeared to the Committee it would serve a useful purpose if this table were prefixed to the print of the Bill before being again considered by Parliament, and they have accordingly directed that this should be done. APPENDIX I. AMENDMENTS MADE BY THE JOINT SELECT COMMITTEE. 66 In the Memorandum, leave out Consolidate without amendment' and insert "reproduce in Consolidated Form ", and at the end insert :“The following Table of Comparison shows how each section of the existing statutes relating to Housing in Scotland is dealt with in the Bill." Clause 1, page 1, lines 10 and 11, leave out "made after the third "day of December, nineteen hundred and nine ". 66 Clause 1, page 1, line 13, after "shall" insert "notwithstanding any stipulation to the contrary ". 66 Clause 1, page 1, line 14, leave out "holding" and insert "tenancy ". Clause 1, page 1, line 16, leave out "holding" and insert tenancy Clause 1, page 1, line 21, after "condition "insert"in all respects ". Clause 1, page 2, line 3, leave out "that period" and insert "three years". Clause 1, page 2, line 14, at end insert: (4) This section shall apply to a contract made either before or after the commencement of this Act; Provided that in the case of a house the rent whereof exceeds sixteen pounds this section shall not apply if the contract was made before the thirty-first day of July, nineteen hundred and twenty-three. Clause 2, page 2, lines 17 and 18, leave out "current at or made after "the first day of January, nineteen hundred and twenty-one ". Clause 2, page 2, lines 25 to 27, leave out "and as from the commence"ment of the occupation or from the said first day of January, which"ever date is the later ". Clause 2, page 2, after line 37, insert: (2) This section shall apply whether the contract of employment was entered into before or after the commencement of this Act, but shall not apply in respect of any period during which the house was occupied under any such contract before the first day of January, nineteen hundred and twenty-one. 66 or ". Clause 3, page 2, line 40, leave out "and" and insert Clause 3, page 3, line 5, leave out "rendered" and insert "made in "all respects reasonably ". Clause 3, page 3, line 24, after "made "insert" in all respects "reasonably Clause 3, page 4, line 37, after "house" insert "in all respects "reasonably ". Clause 4, page 5, line 5, leave out "rendered" and insert "made in "all respects reasonably ". 66 Clause 8, page 6, lines 30 and 31, leave out "shall be liable on summary "conviction to be ordered" and insert may, on application for the purpose being made by the local authority, be ordered by the sheriff or any two justices of the peace sitting in open court or any magistrate "having jurisdiction in the place". Clause 13, page 10, lines 5 and 6, leave out "commenced to be erected "after the third day of December, nineteen hundred and nine ". Clause 13, page 10, line 7, after "be" insert" in a state so dangerous or "injuricus to health as to be ". Clause 13, page 10, line 18, leave out (b) shall and insert: (2) This section shall apply to any house commenced to be erected after the third day of December, nineteen hundred and nine, except that it shall not Clause 15, page 11, line 37, leave out "purposes" and insert 66 purpose Clause 15, page 12, line 25, after "house" insert "manufactory ". Clause 15, page 13, line 17, leave out " any dispute arises between ". Clause 15, page 13, line 18, leave out "and" and insert "feels "aggrieved by the decision of ". Clause 15, page 13, line 20, leave out "such" and insert "the Clause 15, page 13, lines 20 and 21, leave out "dispute shall" and insert "matter shall, on application for the purpose being made by such "owner or occupier ". Clause 15, page 13, line 23, after "claimed" insert "in respect of "land". Clause 21, page 16, line 26, leave out "costs" at end of line. Clause 22, page 17, line 5, leave out "on being" and insert" duly 24. (1) The power of making and enforcing byelaws under section seventy-two of the Public Health (Scotland) Act, 1897, with respect to houses or parts of houses which are let in lodgings or occupied by members of more than one family, shall, in the case of houses intended for the working classes, extend to the making and enforcing of byelaws imposing any duty (being a duty which may be imposed by the byelaws and which involves the execution of work) upon the owner within the meaning of the said Act of the said house in addition to or in substitution for any other person having an interest in the premises, and prescribing the circumstances and conditions in and subject to which any such duty is to be discharged. (2) For the purpose of discharging any duty so imposed, the owner or other person may at all reasonable times enter upon any part of the premises, and section one hundred and five of this Act shall apply as if for the reference to the provisions of this Part of this Act there were substituted a reference to the provisions of such byelaws and as if the person on whom such duty is imposed were the owner and any inmate of the premises were the occupier of a dwelling house. (3) Where an owner or other person has failed to execute any work which he has been required to execute under the byelaws, the local authority may, after giving to him not less than twenty one days' notice in writing, themselves execute the works and recover the costs and expenses, and for that purpose the provisions of section three of this Act, with respect to the execution of works and the recovery of expenses by local authorities, shall apply, with such modifications as may be necessary. Clause 26, page 20, lines 15 and 16, leave out "for which he acts as "medical officer of health ". After Clause 30, insert new clause: 32. (1) The Board may make such order as they think fit in favour Provisions of any person whose lands were proposed by the scheme to be taken to expenses. compulsorily for the allowance of the reasonable costs, charges, and [1890, s. 8 (7)-(9).] expenses properly incurred by him in opposing such scheme. (2) All costs, charges, and expenses incurred by the Board in relation to any order under the last foregoing section to such amount as the Board think proper to direct, and all costs, charges, and expenses of any person to such amount as may be allowed to him by the Board in pursuance of the aforesaid power, shall be deemed to be an expense incurred by the local authority under this Part of this Act, and shall be paid to the Board and to such person respectively, in such manner and at such times and either in one sum or by instalments as the Board may order, with power for the Board to direct interest to be paid at such rate not exceeding five pounds per centum per annum as the Board may determine, upon any sum for the time being due in respect of such costs, charges, and expenses as aforesaid. (3) Where any such order with respect to costs, charges, and expenses is made by the Board in pursuance of this section, the Court of Session may, on the application of the Lord Advocate, on behalf of the Board, or on the application of any person interested, interpose their authority to any such order and grant decree conform thereto upon which execution and diligence may proceed in common form. Clause 38, page 30, lines 24 and 25, leave out "relating to reconstruction "schemes". Clause 41, page 32, line 21, after "enlarge" insert "repair". 66 Clause 52, page 37, line 33, after "Act" insert or any enactment "repealed by this Act". Clause 52, page 37, line 37, after "houses "insert "so"; and leave out" under this Part of this Act ". Clause 54, page 38, line 24, after "Act insert or any enactment "repealed by this Act". 66 Clause 66, page 43, line 20, after "Act "insert" (other than those of a county council when acting in their capacity of local authority under "this Act) ". Clause 67, page 44, line 5, leave out from "that" to the end of the clause and insert: the money so borrowed shall, notwithstanding the provisions of section one hundred and forty-one of the said Act, be wholly repaid within such period not exceeding eighty years from the date of the loan as the Board may determine. (3) The provisions of section sixty-seven of the Local Government (Scotland) Act, 1889, so far as not inconsistent with this section, shall apply to any money borrowed by a county council when acting in their capacity of local authority under this Act. Clause 68, page 44, line 10, leave out subsection (1) and insert: (1) A county council, in addition to any other statutory power to borrow, may borrow, subject to the provisions of section sixty-seven of the Local Government (Scotland) Act, 1889: (a) for the purpose of making grants or loans to or subscribing (b) with the consent of the Board, for the purpose of making as |