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A closing order will not bccome operative so as to be put into actual force
until either the time within which an appeal can be made has elapsed without
an appeal being made, or, in case an appeal is made, the appeal is determined
or abandoned, and no proceedings under the order are to be taken till it becomes
operative; Section 39 (2). The time within which, when a closing order has
become operative, an occupying tenant with his family can be required to cease
to inhabit the house in respect of which the order has been made is increased
by Section 17 (4) from 7 to 14 days after service of notice, and the tenant who
makes default, instead of being subjected to a fine as heretofore, will be liable
to have a summary order to quit made against him. The local authority may
make to any tenant a reasonable allowance on account of his expenses in
removing. The amount of the allowance will be primarily determinable by
the local authority with the owner's consent, though in default of such consent
it will be fixed by a Court of Summary Jurisdiction. But an allowance for
expenses of removal is not to be given if the house has been made unfit for
habitation by the wilful act or default of the tenant or of some one for whom,
as between himself and the owner or landlord, he is responsible; Sub-section (5).
The local authority must, under Sub-section (6), determine a closing
order made by them if they are satisfied that the dwelling-house has been
rendered fit for human habitation, and the owner is given a right of appeal to
the Board against a refusal on the part of the authority to do so. A Court of
Summary Jurisdiction will no longer have power to enlarge the time for the
execution of any works under a closing order ; Section 21.
Special provisions are made by Sub-section (7) of Section 17 in regard to
underground rooms habitually used as sleeping places which, unless they
conform to certain conditions, are to be regarded as dwelling-houses unfit for
human habitation, and as such liable to have closing orders made in regard to
them. These provisions do not, however, came into operation until ist July,
1910, and a closing order made in respect of any room to which the Sub-section
applies is not to be treated as a closing order in respect of a dwelling-house for
the purposes of Section 18 of the Act which deals with demolition orders.
The provisions of Sub-section (7) are as follows: —
A room habitually used as a sleeping place,, the surface of the floor of which
is more than three feet below the surface of the part of the street adjoining or
nearest to the room, is, for the purposes of Section 17, to be deemed to be a
dwelling-house so dangerous or injurious to health as to be unfit for human
habitation, if the room either—
(a) is not on the average at least seven feet in height from floor to ceiling ;
or
(b) does not comply with such regulations as the Council, with the consent
of the Board, may proscribe for securing the proper ventilation and
lighting of such rooms, and the protection of the rooms against
dampness, effluvia, or exhalation. The Board are empowered, if the
local authority, after being required to do so by the Board, fail to
make such regulations as above mentioned, or such regulations as the
Board approve, themselves to make regulations, and the regulations
so made are to have effect as if they had been made by the local
authority with the Board's consent.
It is, however, provided that a closing order made in respect of a room to
which the Sub-section applies is not to prevent the room being used for