Housing (Amendment) Act, 1958

Assessment of compensation for certain dwelling houses compulsorily acquired by a local authority.

24.—(1) In this section—

“dwelling-house” means a building constructed or adapted for use wholly or principally for human habitation together with any yard, garden, out-houses and appurtenances belonging thereto or usually enjoyed therewith ;

“prescribed” means prescribed by regulations made by the Minister under this section.

(2) Where a local authority propose, for the purposes of Part III of the Housing of the Working Classes Act, 1890, as amended, to purchase compulsorily land which comprises or consists of a dwelling-house—

(a) in case the dwelling-house is, in the opinion of the authority, unfit for human habitation and not capable of being rendered fit for human habitation at reasonable expense, the dwelling-house shall be described in the prescribed manner in the compulsory purchase order in respect of such land submitted to the Minister under section 37 of the Act of 1931 and if the order is confirmed, the compensation payable in respect of the dwelling-house shall, subject to subsection (3) of this section, be assessed in accordance with the provisions of Part I of the Third Schedule to the Act of 1931, and

(b) in any other case, if the compulsory purchase order in respect of such land submitted to the Minister under the said section 37 is confirmed, the compensation payable in respect of the dwelling-house shall be assessed in accordance with the provisions of Part II of that Schedule.

(3) If the Minister is of opinion that a dwelling-house described in the prescribed manner for the purposes of subsection (2) of this section ought not to have been so described, he shall in confirming the order so modify it as to exclude the dwelling-house for all purposes from the order, unless he is of opinion that the dwelling-house may properly be purchased by the authority, in which case he shall modify the order so as to authorise the local authority to purchase the dwelling-house and to pay compensation, assessed in accordance with the provisions of the said Part II, in respect thereof.

(4) The Minister may make regulations for the purposes of this section.