Education Department Provisional Order Confirmation (London) Act 1899

JurisdictionUK Non-devolved
Citation1899 c. cclxxvi
Year1899
[62
&
63
VICT.]
Education
Departmant
Provisional
[
Ch.
cclxxvi.]
Order
Confirmation
(London)
Act?
1899.
CHAPTER
cclxxvi.
An
Act
to
confirm
a
Provisional Order made
by
the
A.D.
1899.
-
Education Department under tlie Elementary Education
Acts 1870
to
1893
to
enable the School Board
for
Loiidon
to
put in force the Lands
Clauses
Acts.
[9th
August,
1899.3
HEREBS
the Education Department
have
matie
a
Provisional
TV
Order under the authority
of
the Elementary Education
Acts
1870
to
1893 on behalf of tlie Scliool Board for London and
it
is requisite that the same should br, confirmed
by
Parliament
:
Be
it
therefore enacted by tlic Quccii's most Excellent Majesty
by
ancl with the advice and consent of the
Lords
Spiritual aiid
Tenlporal
aiid
Commons in this prcsm
t
Parliamciit assembled and
by
the
authority
of
the
same
as
follows
:-
to
this Act shall
bc
and is
liereby
coiifiriiied aiid
from
niid
after
of'ort1cr
tlie passing of this
Act
shall hare full validity
and
force.
2.
Nothing coiitniiied in this
Act
or
in tlie
Order
liereby
coiifinnrtl
Savin:.
right5
of
sliall extend to authorisc
thc
School Board
for
London
to
take use
L)uclly
of
enter upon
or
iutcr!'erc
with an)*
land
soil
or
watcr
or
any
rights
Cornn-d.
in respect thereof
belonging
to
lIer
Xnjesty
in right
of
the
Duchy
of
Cornwall without
tlic
consent
iii
writing
of
smie two or
more
of
such of the regulnr officers
of
tlie said Duchy
or
of
such other
persons
as
may be duly authorised under
the
proJ-isioiis
of
the
I>ucliy
of
Corii~vall Manngenivnt Act 1863 section thirty-nine
to
ZG
'L
2;
IriCL.
cxercise
all
or
any
of
tlic
riylits
pow(:rs
privileges
:tiid
autliorities
c.
4g.
by the said
Act
Inacie
exerciseable
or
otherwise for the tiiiic being
exerciseable in relation
to
tlic said
DLLL~~J-
or
beloiigit~y
to
tlic
Duk=
of
Corn~:dl
for
tlie
tiiiic:
1)eiiig
\\itIiout
the
coiiwut
of
siicli
hilie
tesLified
in
writing imtler
tho
scd
of
tlic
1)ucliy
of
Cor11~1-alI
tircf
11ad and obtained
for
that
pur1)osc
or
to
take
away
diiiiinish
altcbr
projudice
or
affcct
aiip
property
rights
profits
privileges powvs
1.
The following Ordcr as amended and set out
iii
tile schedule
cio~~fi~lll.L~ioT~
in
sclletlulr.
[Price
2s.
3d.1
A
1
[Ch.
cclxxvi.]
Education
Department
ProVisiml
[62
&
63
VICT.-]
Order Conji,~il.mation (London)
Act,
1899.
A.~,
189~.
-
or
authorities
vested
in
or cnjoycd by
Ihr
Majesty in riglit
of
tlic
Dachy of Cornwall
or
iu or by tlie Duke
of
Cor~ivall for tlic time
being.
3.
Nothing liercin contained shall
he
construed to authorise the
said Board
to
extinguisli any public rights
of
way without such
Order being obtained
as
but for this Act would have been required
for that
purpose.
Saving
of
of
"ay.
public
rights
Saving
with
respect
to
of
labouring
class.
18
8r
10Vict.
c.
120.
4.-(1,)
The
Board shall not under
the
powers
of
this Act
or
of
the said
Order
purchase or acquire in any parish in tlic Metropolis
as defined by the Metropolis Management Act,
twenty or morc
houses which
on
the fiftecnth day of December last
were
or
have
been since that day
or
shall liereafter be occupicd either wholly
or
partially
by
pcrsons belonging
to
tile
lahourinq class
as
tcnants
or
lodgers unless and until-
(a.)
Thy shall have obtained
the
approval
of
tlic Secretary
of
State
for
the
Homc
Departmcnt
to
a
sclicme for providing
iiew
dwellings for such number
of
pcrsons
ikS
mre
residing in
such
houses on the fifteenth day
of
Dcccmbcr
Inst
or
for
such
number of persons
as
tlie
Secretary
of State shall after inquiry
deem necessary having
regard
to
tlie number
of
persons
on
or
after that
(late
residiiig
in
such
houses
and
working within
one
mile therefrom
ancl
to the aniount of vacant suitable accom-
modation in the immediate neighbourhood
of
sucli
houses
or
to
the place
of
employment
of
such persons and to all
the
circumstances
of
tlie case
;
and
(b.)
They
shall have given security to the eatisfaction
of
tlie
Secretary of S$ate
for
the
carrying out of
the
scheme.
(2.)
The
appruval of tlie Secretary
of
State
to
any scheme under
this section may
be
givcn either absolutely or conditionally and
after the Secretary of State litis approved
of
any
such scliemc
he
may
from
time
to
time approve either absolutely
or
conditionally
of
any
modifications in the scheme.
(3.)
Every
scheme under this section shall contain provisions
prescribing the time n-itliin mliicli
it
sliall be carried
out
and
sliall
require
thc
ncw
dwellings
proposed
to bc provided under tlic
sclienic to
hc
cwiiiplcted
fit
for
occupation before tlie
persons
rcsiding in the houses in rcspccl
of
wliicli
the
sclic.me
is
madc
are
clisplaced Provided that the Secretary
of
State
may
dispense wit11
the
last-mentioned requirement subject to such conditious
(if
any)
as
lie may see
fit.
2
[62
&
63
VICT.]
Education Department
Provisional
[Ch.
cclxxvi.]
Order
Confirmation
(liondon)
Act,
1899.
(4.) Any provisions of any scheme under this section and
-.
18~.
any conditions subject to wliicli the Secretary of State may
liavc
approved
of
any
scheme or
of
any modifications
of
any scheme
under this section or subject
to
wliicli lie may have dispensed with
the above-mentioned requirement shall be eiiforceable by
a
writ of
Nandamus to be obtained by liim out
of
the High Court.
(5.)
If
the Board acquire or appropriate any house
or
houses
for
the purposes
of
this Act in contravention
of
the foregoing provisions
or
displace
or
cause to be displaced the persons residing
in
any house
or
houses in contravention
of
the requirements of the scheme they
shall be liable to
a
penalty
of
five hundred pounds in respect
of any such house which penalty shall be recoverable by the
Secretary of State by action
in
the High Court
and
shall be
carried to
and
form part of the Consolidated Fund of the United
Kingdom Provided that the Court may
if
it
think
fit
reduce such
penalty.
(6.)
For the purpose
of
carrying out any scheme undcr this
section tlic Board inay subject to the approval
of
tlie Education
Department appropriate any lands for tile time being belonging
to
them
or
vhich they
have
power
to
acquire and may purchase
such
further lands
as
they
may
require.
(7.)
The Board may subject to such approval
as
aforesaid
011
any lands belonging to tlieni or pnrc!iased or acquired under this
section erect such dwellings for persons
of
the
labouring
class
as
may
be necessary for tlie purpose of any sclieme under this section
slid
may sell demise
or
let or otlicru-isc disrJose
of
such dnclliiigs
and any lands purchased or acquircd
as
aforesaid.
(8.)
All lands
on
wliicli
any
buildings littvc been
erected
or
providcd by tlic
Board
in
pursuance of any scheme uiidcr
this
section sliall
for
a
period
of
tivent!
-five
jc:m
from
the
date
of
tlic
scheme be appropi*iatec'l
fbr
tlic purpose
of
sncll
d~vcllings and orcry
coiivcjance de~iiisc
or
lease
of
sucli
lands
and 1)uildings sliall
be
endorsed with notice
of
this
cnactiiieiit Provided that the Secretary
of
State
may
at any
time
clispciisc with all
or
any
ol
tlic
reqnire-
mcnts
of
this subsection subject
to
sucli
coiiditions (if aiij.)
as
he
may see
fit.
(9,)
All
Imildings
ercctcd
or
proyicled
by
tlie
Board
for
tlie
purpose
of
aiij-
sclienic untlcr
thih
section
slid1
1)c
subject
to
tlie
provisions
of
tlic
JIeti.ol,o!is
Jlnnagc~ment
,lct
Ib55
ailcl
tlic:
18
L
19
\'ic+.
and any
Acts
amending
tliose
respcctivc
57
Acts.
C.
ccxiii,
c.
120.
3H
A2
3

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