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Civil Defence Act 1939

Status:

This is the original version (as it was originally enacted).

91Application to Scotland

(1)The provisions of this section shall have effect for the purpose of the application of this Act to Scotland.

(2)(a) For section eleven there shall be substituted the following section:—

11(1)In this Part of this Act the expression 'local authority' means county or town council.

(2)The town council of a small burgh shall before exercising any function under this Part of this Act consult with the council of the county within which such burgh is situated.

(b)For section twenty-five there shall be substituted the following section :—

25In this Part of this Act the expression ' local authority' means the council of a county or the town council of a large burgh, and for the purposes of this Part of this Act a small burgh shall be included in the county in which it is situated :

Provided that in the last preceding section the said expression includes any local authority within the meaning of the Local Authorities Loans (Scotland) Act, 1891.

(c)For section thirty-five there shall be substituted the following section:—

35In this Part of this Act the expression ' local authority ' means county or town council.

(d)In Part VII of this Act for any reference to a " county borough " there shall be substituted a reference to a large burgh and for the purposes of any provision of Part VII whereby powers are conferred and duties imposed on the councils of counties and of certain burghs only a small burgh shall be included in the county in which it is situated.

(e)In section fifty-six for subsection (6) there shall be substituted the following subsection:—

(6)In this section the expression ' local authority ' means county or town council.

(f)In Part III and Part VII of this Act, any reference to a county or the council thereof shall in the case of the counties of—

(i)Perth and Kinross; and

(ii)Moray and Nairn,

be construed as a reference to the combined county and the joint county council.

(3)" Fee simple " means the estate or interest of the proprietor of the dominium utile; " covenant" means agreement or stipulation and " restrictive covenant " shall be construed accordingly and shall include a real burden ad factum praestandum ; " large burgh " and " small burgh " have the like meanings as in the Local Government (Scotland) Act, 1929; " arbitrator " means arbiter; "easement" means servitude; "sell" includes feu;

" leasehold interest" means the interest of the lessee in premises subject to a lease; references to an estate or interest in reversion expectant on a lease shall be construed as references to the interest of the landlord in property subject to a lease; references to every lease derived from the estate or interest of an owner shall be construed as references to every lease granted by an owner and every sub-lease of the whole or any part of the premises subject to such lease; " mortgage " means a heritable security and " mortgagee " means the creditor in a heritable security; and " defendant " means person accused.

(4)Section two shall have effect as if—

(a)in subsection (2) for the words from " and section fifteen " to the end of the subsection there were substituted the words— and a certificate in the prescribed form of the posting of a notice designating premises under this section shall be registered by the local authority in the appropriate register of sasines, and upon such registration shall be binding on any person subsequently acquiring the premises or any estate or interest therein. A certificate in the prescribed form of the posting of a notice with drawing such notice as aforesaid shall be similarly registered. In this subsection the expression ' prescribed' means prescribed by the Secretary of State

(b)in subsection (3) the words " and causing the " registration of the notice as a local land " charge to be cancelled " were omitted.

(5)In section five for any reference to a court of quarter sessions there shall be substituted a reference to the sheriff having jurisdiction in the place where the premises are situated.

(6)In section eight for any reference to section sixty-eight of the Public Health Act, 1925, there shall be substituted a reference to section one hundred and twenty of the Road Traffic Act, 1930.

(7)In subsection (1) of section seventeen for the words " become the subject of a charge" there shall be substituted the words

be charged and burdened by means of a charging order or in respect of which hemay become liable to pay an increase of rent."

(8)In section eighteen—

(a)for subsection (2) there shall be substituted the following subsection:—

(2)On the termination, within the period of ten years immediately following the date of the completion of the works, of any tenancy of the whole or any part of the premises, being a tenancy in existence at that date, the outgoing tenant shall, unless it is otherwise agreed in connection with the works or after the completion thereof, be entitled to recover from the proprietor of the premises a sum which bears to the net ascertained cost of the works the proportion which so much of the said period as is unexpired at the termination of the tenancy bears to the whole of the period. Where under this section any sum has been paid by the proprietor of the premises to an outgoing tenant, the rent payable under every lease of the premises granted by the proprietor and every sub-lease of the whole or any part of the premises subject to such lease, being a lease or sub-lease in existence at the date of the completion of the works, shall, unless it is otherwise agreed in connection with or after the making of such payment, be increased at the annual rate of one-tenth of the net ascertained cost of the works. Such increase shall operate on all rent payable under the lease or sub-lease in question during so much only of the period of ten years aforesaid as is unexpired at the date on which the said payment to the outgoing tenant becomes due. In this subsection the expression ' proprietor' includes any person who under the Lands Clauses Acts would be enabled to sell and convey the premises to the promoters of an undertaking;

(b)in subsection (3), for the words " entitled to " interests which may become subject to such " a charge as aforesaid," there shall be substituted the words

who may by virtue ofthe foregoing provisions of this section " become liable to make payment of any sum " or of an increase of rent "; and

(c)for subsection (4) there shall be substituted the following subsection:—

(4)It shall be competent for the Minister to make, on the application of the outgoing tenant, a charging order in his favour charging and burdening the premises with an annuity to repay the sum due to him under subsection (2) of this section in like manner as a local authority may make a charging order in favour of an owner under section twenty-one of the Housing (Scotland) Act, 1925, and the provisions of sections twenty-one and twenty-two of that Act shall apply accordingly subject to the following and any other necessary modifications—

(i)the annuity charged shall be such sum and payable for such number of years as the Minister may fix; and

(ii)for any reference to the Department of Health for Scotland there shall be substituted a reference to the Minister.

(9)In subsection (1) of section nineteen the words from " Any such compensation" to the end of the subsection shall be omitted.

(10)In subsection (3) of section twenty the words from " and if they take," to the end of the subsection shall be omitted.

(11)Part III of this Act shall have effect as if, after section twenty-four there were inserted the following section:— Special provisions as to buildings in divided ownership.

24A(1)For the purposes of section ten and of this Part of this Act, any reference to a building shall, in the case of a building in which separate storeys or parts belong to different owners, be construed as a reference to the whole building so far as it is under the same roof and is enclosed within the same gables and walls and any reference to the owner of a building shall, in the case of such a building as aforesaid, be construed as a reference to the owners of the several storeys or parts of such building jointly and severally.

(2)Where works have been executed by virtue of this Part of this Act in a part of such a building as aforesaid, of which part the owner is himself the occupier, the owners of the building shall, unless it is otherwise agreed in connection with the works or after the completion thereof, pay to the owner of that part annually for ten years a sum equal to the diminution of the annual value of that part of the building ascribable to the impairment of the usefulness thereof by reason of the execution of the works ascertained as at the date of the completion of the works. Such sums shall be payable on the day six months after the completion of the works and annually thereafter. Where such sums are payable, subsection (5) of section nineteen shall have effect as if the word ' two' were omitted, and the following paragraph added—

' (c) any annual sum payable under subsection (2) of section twenty-four A of this Act.'

(3)The owner of each part of such a building as aforesaid shall contribute towards the expenses of the owners under the notice (as defined in subsection (8) of section nineteen of this Act, with the addition of the sums (if any) payable under the last foregoing subsection), a sum bearing to the total expenditure the same proportion as the annual value of his part of the building at the date of the completion of the works bears to the annual value of the whole building at that date.

(4)Where the owner of a part of such a building as aforesaid, who has become liable under the foregoing provisions of this section to contribute towards the expenses of the owners of the building is not the occupier of the whole of that part, the rent payable under every lease granted by the owner and every sub-lease of the whole or any part of the premises subject to such lease (being a lease or sub-lease in existence at the date of the completion of the works) shall be increased or decreased in like manner and subject to the like conditions as rents are increased or decreased under section nineteen of this Act.

(5)Where a notice has been served in pursuance of section sixteen of this Act on the owners of such a building as aforesaid, any one of such owners may, in default of agreement among them as to the execution of the works in pursuance of the notice, himself execute the works, and for the purpose of so doing shall have the like powers and immunities as are conferred by this Part of this Act on the owners jointly and severally, and the expenditure incurred by him in so doing shall for the purpose of this section be deemed to be expenses of the owners.

(6)Any question arising between the owners of such a building as aforesaid as to their respective rights or liabilities arising out of this section shall, in default of agreement, be determined in like manner as any question as to the payment of compensation to which section seventy-four of this Act applies is determined.

(12)In section twenty-nine for subsection (3) there shall be substituted the following subsection :—

(3)Any amount due to a local authority by way of repayment of an advance made by them under this section may be recovered as a civil debt; and it shall be competent for the local authority to make in favour of themselves a charging order charging and burdening the premises in respect of which the advance was made with an annuity to repay the advance in like manner as they may make a charging order in favour of themselves in respect of expenses incurred in the execution of works under section fifteen of the Housing (Scotland) Act, 1930; and the provisions of subsection (1) of section eleven of the Housing (Agricultural Population) (Scotland) Act, 1938, shall apply to a charging order made in pursuance of this subsection subject to the following and any other necessary modifications, that is to say—

The annuity charged shall be such sum as the Department of Health for Scotland having regard to the rate of interest agreed under subsection (2) of this section in respect of the advance may fix, and shall be payable over such term of years as will enable the amount due to be repaid within ten years from the date on which the advance was made.

(13)In section thirty-one any reference to a building or block of buildings let out in separate parts shall include a reference to a building or block of buildings in which separate parts belong to different owners.

(14)In section thirty-three—

(a)subsection (2) shall have effect as if for the words " by the local authority under the " Public Health Act, 1936, or any corresponding enactment in any local Act before " that date" there were substituted the words

before that date by the county councilor the dean of guild court or the body " performing the functions of a dean of guild " court to whom the plans were submitted " in pursuance of any enactment or byelaw " or of the common law ";

(b)for subsection (4) there shall be substituted the following subsection—

(4)(a) Where in pursuance of any enactment or byelaw requiring plans to be submitted to a county council, application is made to such a council for the approval of plans for the erection, alteration or extension of a building to which regulations made under this section apply, then, unless the council are satisfied that the erection, alteration or extension, as the case may be, of such building and the materials used therein will comply with such regulations, they shall refuse their approval to such plans. If any person shall erect, alter or extend any such building without the approval of the county council, or shall erect, alter or extend any such building or use therein any material otherwise than in conformity with such regulations, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds, and in the case of a continuing offence to a further fine not exceeding five pounds for each day during which the offence continues after conviction therefor; and where any person is convicted of such an offence, the court may order that he shall within such time as the court may specify either pull down or remove the building or part thereof in respect of which the offence has been committed, or, if he so elects, effect such alterations thereto as may be necessary to make it comply with the regulations, or may order that the building shall not be occupied or used until such alterations have been effected thereto as may be necessary to make it comply with the regulations. If a person fails to comply within the specified time with an order of a court under this paragraph requiring him to pull down or remove a building or part thereof or to effect alterations thereto, the county council may themselves execute the work in question and may recover from him the expenses reasonably incurred by them in so doing.

(b)A dean of guild court or any body performing the functions of a dean of guild court shall require as a condition of their approval of the plans for the erection, alteration or extension of a building to which regulations made under this section apply, that such erection, alteration or extension, as the case may be, and the material used therein shall comply with such regulations;

(c)in subsection (5) for the reference to the local authority there shall be substituted a reference to the county council or to the dean of guild court or the body performing the functions of a dean of guild court; and

(d)for subsection (7) there shall be substituted the following subsection :—

(7)In this section, the expression ' building byelaws' means any statutory enactments, byelaws, rules and regulations or other provisions under whatever authority made relating to the erection, alteration or extension of buildings or to the obtaining of the authority of the county council, or of the dean of guild court, or of any body performing the functions of a dean of guild court, for the erection, alteration or extension of buildings, and subsection (2) of section ninety of the Public Health Act, 1936 (which relates to the question of what constitutes the erection of a building) shall apply for the purposes of this section as it applies for the purposes of Part II of that Act, notwithstanding that that Act does not apply to Scotland.

(15)For section thirty-four there shall be substituted the following section:—

34(1)In the case of houses to which this section applies, section one of the Housing (Financial Provisions) (Scotland) Act, 1938, shall have effect as if for the sums of ten pounds ten shillings, eleven pounds fifteen shillings and thirteen pounds referred to in subsection (2) there were substituted respectively the sums of twelve pounds thirteen shillings, thirteen pounds eighteen shillings and fifteen pounds three shillings, and section five of the said Act shall have effect as if for .the sums of four pounds ten shillings, four pounds fifteen shillings and five pounds referred to in subsection (3) there were substituted respectively the sums of five pounds seven shillings, five pounds twelve shillings and five pounds seventeen shillings.

(2)This section applies to houses provided in tenements within the meaning of the Housing (Financial Provisions) (Scotland) Act, 1938, in which air-raid shelter—

(a)is provided in order to comply with regulations made under the last preceding section, or

(b)is provided (whether before or after the commencement of this Act) with the approval of the Department of Health for Scotland.

(16)For references to the Minister of Health there shall be substituted references to the Department of Health for Scotland.

(17)For any reference to the Local Government Superannuation Act, 1937, there shall be substituted a reference to the Local Government Superannuation (Scotland) Act, 1937, and for any reference to the Town and Country Planning Act, 1932, there shall be substituted a reference to the Town and Country Planning (Scotland) Act, 1932.

(18)In section fifty-three—

(a)for references to the thirty-first day of March there shall be substituted references to the fifteenth day of May. In the case of a council whose financial year ends on a day other than the fifteenth day of May, this subsection shall have effect with the substitution of that other day for the fifteenth day of May; and

(b)for references to the produce of a rate of one penny in the pound and to paragraph 3 of the Schedule to the Act of 1937 there shall be substituted respectively references to the produce of a rate of four-fifths of one penny in the pound and to the paragraph directed by subsection (8) of section thirteen of the Act of 1937 to be substituted for sub-paragraph (b) of paragraph 3 of the said Schedule.

(19)In section fifty-five subsection (2) shall be omitted.

(20)In subsection (4) of section twenty-eight, in section fifty-six, in subsection (3) of section sixty-seven, in section sixty-eight and in subsection (3) of section seventy-nine, for the words " on summary conviction " there shall be substituted the words

on conviction by a court of summary jurisdiction.

(21)In section fifty-eight for references to the Public Health Act, 1936, and to section five of the Act of 1937 there shall be substituted respectively references to the Public Health (Scotland) Act, 1897, the Burgh Police (Scotland) Acts, 1892 to 1903, or the corresponding provisions of any local Act, and to subsection (9) of section thirteen of the Act of 1937.

(22)In section sixty-three for references to section five of the Act of 1937 and to the Local Government Act, 1933, there shall be substituted respectively references to subsection (9) of section thirteen of the Act of 1937 and to the enactments therein referred to, and for the reference to sections eighty-four to ninety of the Lands Clauses Consolidation Act, 1845, there shall be substituted a reference to sections eighty-three to eighty-eight of the Lands Clauses Consolidation (Scotland) Act, 1845.

(23)In section sixty-four for any reference to a county borough, there shall be substituted a reference to a burgh.

(24)In section sixty-six for subsection (3) there shall be substituted the following subsection :—

(3)Where a heritable creditor in possession is for the purposes of this Act the owner of any commercial building or any such building or block of buildings as aforesaid, it shall be competent for the local authority to make, on his application, a charging order in his favour charging and burdening the building or block of buildings with an annuity to repay to him any money reasonably expended by him for the purpose of providing air-raid shelter in connection with the building or block or complying with any obligation imposed on him by or under this Act as owner of the building or block in like manner as they may make a charging order in favour of an owner under section twenty-one of the Housing (Scotland) Act, 1925, and the provisions of sections twenty-one and twenty-two of that Act shall apply accordingly subject to the following and any other necessary modifications :—

An annuity constituted a charge by a charging order made under this subsection shall rank pari passu with the heritable security in virtue of which the heritable creditor is in possession of the building or block.

(25)For section sixty-nine there shall be substituted the following section :—

69Section one of the Rating and Valuation (Air-Raid Works) (Scotland) Act, 1938, (which provides for relief from rates in respect of air-raid protection works in Scotland) shall, in relation to any lands and heritages forming part of a building, have effect as if any structural alterations or improvements made in the building or on land occupied or used with the building for the purpose of providing air-raid shelter were structural alterations or improvements to the lands and heritages, and in estimating the yearly rent or value of any lands and heritages for the purposes of valuation and rating no regard shall be had to any increase in the rent thereof (whether made by virtue of this Act or not) which is attributable to the provision of air-raid shelter for persons living or working in the lands and heritages.

(26)In section seventy-two for references to a county district there shall be substituted references to a small burgh, and for any reference to any amount raised by the county council in the district there shall be substituted a reference to any sum paid over by the council of the small burgh to the county council in pursuance of a requisition.

(27)In section seventy-three for references to a county district and to " mandamus " there shall be substituted respectively references to a small burgh and to proceedings under section ninety-one of the Court of Session Act, 1868, and for subsections (2), (3), (6) and (7) there shall be substituted respectively the following subsections :—

(2)(a) Where any functions of the council of a small burgh are transferred by an order under this section to a county council, the expenses incurred by the county council in discharging those functions shall be a debt due from the council of the small burgh to the county council and shall be defrayed as part of the expenses of the council of the small burgh in the execution of this Act or the Act of 1937, and that council shall have the like power of raising the money required as they have of raising money for defraying expenses incurred directly by them. The county council shall keep separate accounts of all receipts and expenditure in respect of the transferred functions.

(b)Where by an order under this section the Minister has transferred to himself any functions of a defaulting authority, any expenses incurred by him in discharging those functions shall be paid in the first instance out of moneys provided by Parliament, but the amount of those expenses as certified by the Minister shall on demand be paid by the authority to the Minister, and shall be recoverable by him as a debt due to the Crown; and that authority shall have the like power of raising the money required as they have of raising money for defraying expenses incurred directly by them.

(c)Any order made by the Minister under this section may be varied or revoked by a subsequent order made by the Minister, but without prejudice to the validity of anything previously done under the order, and when any order is so revoked, the Minister may either by the revoking order or by a supplementary order make such provision as appears to him desirable with respect to the transfer, vesting, and discharge of any property, debts, or liabilities acquired or incurred by the county council or by him in discharging any of the functions to which the order so revoked related. " (3) Where in pursuance of this section a local inquiry is held in Scotland, subsections (2), (3), (4) and (5) of section two hundred and ninety of the Local Government Act, 1933, shall apply to such inquiry in like manner as if that Act applied to Scotland, subject however, to the following modifications—

(a)for references to the department and to a summons there shall be substituted references to the Minister and to an order; and

(b)in subsection (4) the word ' summarily', and in subsection (5) the words from ' and every such order' to the end of the subsection shall be omitted.

(28)Subsection (2) of section seventy-nine shall apply in like manner as if section two hundred and eighty-seven of the Public Health Act, 1936, applied to Scotland.

(29)In section eighty-one any reference to requirements or restrictions imposed by or under any enactment as to the matters specified in that section shall include a reference to any requirement imposed by or under any enactment or by virtue of the common law as to the presentation of a petition to a dean of guild court or any body exercising the functions of a dean of guild court.

(30)In section ninety—

(a)in the definition of " annual value" any reference to a building or block of buildings let out in parts shall include a reference to a building or block of buildings in which separate parts belong to different owners, and " valuation fist " means valuation roll;

(b)for the definition of " fire authority " there shall be substituted the following definition—

' Fire authority ' means county or town council; and

(c)in the definition of " owner " for paragraph (b) there shall be substituted the following paragraph :—

(b)where there is such a lease, the tenant thereunder or, if there are two or more such leases, the tenant under the latest in date thereof.

(31)Any grants payable under the Act of 1937 towards approved expenditure incurred under this Act by the council of a small burgh shall, notwithstanding anything in subsection (2) of section thirteen of the Act of 1937, be payable direct to that council.

(32)Any expenditure incurred by a county or town council for the purposes of this Act shall be defrayed out of such rate payable by owners and occupiers in equal proportions as the council may determine.

(33)A county or town council shall have power to borrow for any purpose of this Act to which capital is properly applicable, and the provisions of section twenty-three of the Local Government (Scotland) Act, 1929, shall apply to the power hereby conferred. Any sums borrowed in pursuance of this subsection shall be repaid within such period as in the case of sums borrowed by them as electricity undertakers, the Electricity Commissioners, and in any other case the Secretary of State, may fix.

(34)Where by virtue of the Rating Exemptions (Scotland) Act, 1874, or of the corresponding provisions of any local Act, any exemption from payment of local rates is enjoyed in respect of any lands and heritages, such exemption shall not cease by reason only of their being used for any of the purposes of the Act of 1937 or of this Act, if such use is granted gratuitously or subject only to a reasonable payment in respect of cleaning, heating, lighting, or other services, and no profit is derived from such payment.

(35)In the Second Schedule—

(a)for paragraph 1 the following paragraph shall be substituted:—

1The following sections of the Lands Clauses Consolidation (Scotland) Act, 1845, shall not be incorporated in this Act, namely, sections fifteen, sixteen, one hundred and sixteen, one hundred and twenty to one hundred and twenty-seven, one hundred and forty-two, and one hundred and forty-three;

(b)for references to sections eighty-four to ninety, and to section ninety-two of the Lands Clauses Consolidation Act, 1845, there shall be substituted respectively references to sections eighty-three to eighty-eight, and to section ninety of the Lands Clauses Consolidation (Scotland) Act, 1845; and

(c)paragraph 5 shall not apply.

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