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capable of providing accommodation of a standard which is adequate for the time
being. The local authority may carry out any works necessary to bring them up
to, and keep them at, that standard. This process is referred to as "patching".
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.
PART IV (Abatement of overcrowding)
This Part of the Act together with the Fifth Schedule thereto sets out the
standard for measuring overcrowding and (Section 57-Duty of local authority
to inspect and to make reports and proposals as to overcrowding) makes provision
for local authorities to carry out surveys of their districts in order to
ascertain which houses are overcrowded. Surveys for this purpose were carried
out in 1935 and 1937 but it is the duty of the authority to cause a further
inspection to be made if it appears that the occasion has arisen therefor; or
the Minister so directs.
The various offences in respect of overcrowding are enumerated, together
with penalties for contravention of the provisions, and safeguards are provided
for tenants who were in occupation on the day the overcrowding provisions
became operative. (Section 59 - Offences in relation to overcrowding),
Local authorities are given power to grant licences permitting a temporary
increase in the permitted number (Section 61-Power of local authority to
authorise the temporary use of a house by persons in excess of the permitted
number) and it is their duty to enforce the overcrowding provisions (Section
66 - Enforcement of Part IV) and to require the inclusion in rent books of
permitted numbers and a summary of the overcrowding provisions of the Act
(Section 62- Entries in rent books information and certificates with respect
to the permitted number). An obligation is placed upon the landlord to notify
the local authority if his house becomes overcrowded (Section 6k - Duty of
Landlord to inform local authority of overcrowding) and upon medical officers
of health to make annual returns to the Minister as to overcrowding in their
districts. (Section 67 - Duty of medical officers to furnish particulars of
overcrowding).
SECTION 58 (Definition of overcrowding). The overcrowding standard consists
of two parts. Sub-section (1) (a) provides that there must be sufficient
sleeping accommodation in a house to secure proper sex separation. Subsection
(1) (b) is a standard of capacity, and in conjunction with schedule V
fixes in relation to the accommodation in any particular house the maximum
number of persons, irrespective of sex, who may be permitted to sleep in that
house at one time.
The two tables in the Fifth Schedule to the Act-are reproduced:-