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By Section 16 of the new Act the power of making and enforcing such
by-laws is extended, in the case of houses intended for the working classes, to
by-laws imposing any duty, which may be imposed by the by-laws and which
involves the execution of work, upon the owner within the meaning of the Act
of 1891. The by-laws may impose the duty upon the owner in addition to or
in substitution for any other person having an interest in the premises, and
may prescribe the circumstances and conditions in and subject to which it is to
be discharged (Sub-section (1) ).
For the purpose of discharging any duty imposed by by-laws as abovementioned,
the owner or other person is empowered at all reasonable times to
enter upon any part of the premises, and Section 51 of the principal Act,
which imposes a penalty for preventing the execution of the provisions of
Part II. of that Act, is made applicable with the necessary modifications
(Sub-section (2) ).
It is further provided that where an owner or other person has failed to
execute any work which he has been required to execute under the by-laws,
the Sanitary Authority may, after giving to him not less than 21 days' notice
in writing, themselves execute the works and recover the costs and expenses.
For that purpose Sub-section (5) of Section 15 of the new Act, with respect to
the execution of works and the recovery of expenses by local authorities, is
made applicable as if the owner or other person were the landlord, and with
such other adaptations as may be necessary (Sub-section (3) ).
Duty of local authority as to closing of dtcel/ing-house un fit for human habitation.
Section 17, which supersedes Section 32 of the principal Act, deals with
-closing orders.
The opening words of Sub-section (1), which impose upon the local
authority the duty of causing to be made from time to time inspection of their
district with a view to ascertain whether any dwelling-house in it is in a state
so dangerous or injurious to health as to be unfit for human habitation, re-enact
the existing law.
The further duty imposed by the Sub-section upon the local authority and
every officer of the local authority to comply with such regulations and to keep
such records as may be prescribed by the Local Government Board is new.
Under Section 11 of the new Act the Board are empowered to make Orders
requiring local authorities to remedy default as regards the inspection of their
district required by Section 17.
Under the principal Act closing orders were made by a Court of Summary
Jurisdiction. Under Section 17 (2) of the new Act they will be made by the local
authority; Sub-section (3) gives an owner aggrieved by a closing order a right of
appeal to the Local Government Board within 14 days after the order is served
upt n him. A definition of the term " owner," for the purposes of this and other
Sections, which pursuant to Section 47 of the new Act are deemed to be part
of Part II. of the principal Act, will be found in Section 49 (2).
The new Act does not in any way prescribe the procedure to be adopted by
the local authority before making a closing order This matter is left to their
discretion.