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37
By section 22 (1) and (2) the proposals are, in the case of London, to
be submitted jointly by the London County Council and Metropolitan Borough
Councils.
SECTION 2 (Power to retain for temporary accommodation certain houses in
clearance areas) enables a local authority to postpone the demolition of houses
purchased by or belonging to them in a clearance area if in their opinion the
houses are or can be rendered capable of providing accommodation of a standard
which is adequate for the time being. The local authority may carry out any
work necessary to bring them up to, and keep them at, that standard. This
process is referred to as "patching". Houses in clearance areas may be
acquired for this purpose of providing temporary accommodation even though they
are the subject of a clearance order made before the commencement of the Act.
A compulsory purchase order for houses within an area declared as a clearance
area before the commencement of the Act may be submitted within six months
after the Minister has approved the local authority's proposals under section 1.
Where houses in a clearance area are retained for temporary accommodation
the local authority may postpone purchasing or ordering the clearance of any
other buildings in the area. The demolition of other houses in the area may
also be deferred if they are required to provide support for houses providing
temporary accommodation or for some other special reason connected with the
retention of such houses.
SECTION 3 (Power to purchase for temporary accommodation in lieu of making
demolition orders) empowers local authorities to acquire an individual unfit
house for temporary accommodation (and to patch it if necessary) instead of
making a demolition order. The procedure up to the stage where the house is
purchased by agreement, or a compulsory purchase order is made, is similar to
the procedure for the making of and appeal against a demolition order. The
basis of compensation is the value of the land as a cleared site.
SECTION 4 (Postponement of demolition under clearance order in the case of
houses let to local authority) has the object of enabling a local authority to
retain houses in a clearance area for temporary accommodation without having to
purchase them. If the owner of a house in a clearance area which is capable
of providing such accommodation is willing to lease it to the local authority,
a clearance order having deferred operation may be made. Such an order will
not fix a date for demolition but will enable the local authority to determine
that date when they no longer require the house as temporary accommodation and
are ready to hand it back to the owner for demolition.
SECTION 5 (Power to permit reconstruction of condemned house) empowers a local
authority to postpone in certain circumstances the date by which, under an
operative demolition order, a house is required to be demolished. They must
first be satisfied that works which the owner proposes to carry out would
produce a house or houses fit for human habitation. When the works have been
completed to their satisfaction the local authority must revoke the order.
SECTION 6 (Licences for temporary occupation of houses subject to existing
demolition or clearance orders) replaces the provisions of Defence Regulations
68A and 68AA, which it revokes with savings for licences already in existence
at the commencement of the Act.
Under the section the local authority may license the occupation of a house
which is subject to a clearance order or a demolition order made before 30th
August, 1954, and which is capable in their view of providing accommodation of
a standard which is adequate for the time being. The licence may specify the
period during which the house may be occupied, and will cease to have effect on
30th August, 1957, unless, upon an earlier request by the local authority, the
Minister allows a longer period in a particular case. The licence may be
revoked by the local authority at any time and must be revoked by them if the
house falls below the standard they regard as adequate for the time being.