Advanced Search

Slum Clearance and Housing Act


Published: 1948

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Slum Clearance and Housing (CAP. 404 1

CHAPTER 404

T H E SLUM CLEARANCE AND HOUSING ACT

Arrangement of Sections
Section

PART I

PRELIMINARY
1. Short title.
2. Interpretation.
3. Incorporation of The Central Housing and Planning

Authority.

PART I1

4. Constitution of the Central Authority.
5. Remuneration of members.
6. Appointment of committee for purposes of Act.
7. Meetings and procedure thereat.

PART I11

GENERAL POWERS OF THE CENTRAL AUTHORITY

8. General powers of Central Authority.
9. Power of Central Authority to make arrangements with

Housing Association, &c.
10. Power of Central Authority to make advances to persons

for the purpose of improving or increasing housing
accommodation.

11. Power of Central Authority to make advances in any
case on satisfactory security being given.

12. Powers of Central Authority as to ruinous or dilapidated
buildings.

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 404) Slum Clearance and Housing

PART IV

13. a Duty of Central Authority to prepare housing schemes.
14. Central Authority may declare an unhealthy area to be

a slum clearance area.
15. Duty of Central Authority to secure redevelopment.
16. Copies of resolutions to be sent to the Minister.
17. Local Authority affected by scheme to be notified.
18. Approval of scheme by Minister.
19. Notification of approval of scheme.

PART V
EFFECTS AND OBLIGATIONS CONSEQUENT UPON

AN APPROVED SCHEME

20. Demolition order.
2 1. Use of land in respect of which a demolition order has

been made.
22. Owner of land and buildings may be permitted to carry

out slum clearance scheme or redevelopment
scheme.

23. Certificates as to the condition of houses and exemption
from slum clearance area.

24. Judge may empower owner to execute works on default
of another owner.

PART VI

25. Acquisition of land.
26. Power of Central Authority to make allowances to certain

persons displaced.

PART VII

27. Central Authority to carry out scheme.
28. Assignment of duties of Central Authority to Local

Authorities.
29. Recovery of possession of buildings within areas of

approved schemes.

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and Housing (CAP. 404 3

30. Power of Judge to determine lease where premises
demolished.

3 1 . Extinguishment of ways, easements, etc.
32. Power of Central Authority to require information as

to ownership of premises.
33. Power of entry for inspection, etc.
34. Penalty for obstructing execution of Act.
35. Conditions to be observed by the Central Authority in

letting houses.

PART VIII

36. Cash deposits and payments.
37. Rules.
38. Power to borrow.
39. Accounts to be kept.
40. Accounts open to inspection and audit.

PART IX

41. Power of public departments, etc., to make agreements
in connection with schemes.

42. Power of Central Authority and owners to enter into
agreements restricting use of land.

43. Service of notices, etc., on Central Authority.
44. Summary procedure.
45. Regulations.

SCHEDULE.

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and Housing (CAP. 404 5

SLUM CLEARANCE AND HOUSING

(9th April, 1948.) 311948.
411952.

1211953.
1111974.

PART I

1. This Act may be cited as the Slum Clearance and Short title.
Housing Act.

2. In this Act- Interpretation.

"bank" includes building societies;

"Central Authority" means the Central Housing and
Planning Authority established under the provisions
and for the purposes of this Act and of the Town Cap. 432.
and Country Planning Act;

"dwelling", "dwelling-house" or "house" means any
premises used as a separate dwelling by persons
of the working classes or of a type suitable for such
use and includes any part of a building which is
occupied, or intended to be occupied, as a separate
dwelling;

"Housing Association'' means a society, body of trustees
or company established for the purpose of, or
amongst whose objects or powers are included those
of constructing, improving or managing or
facilitating or encouraging the construction or
improvement of houses for the working classes,
which the Minister for the purposes of this Act may
deem and certify to be a Housing Association;

"Judge" means a Judge of the High Court sitting in
Chambers, and in the case of any matter within
the jurisdiction of a Magistrate's Court, includes
a Magistrate;

LAWS OF ANTIGUA AND BAKBUDA

6 CAP. 404) Slum Clearance and Housing

l 'landlord" means the immediate landlord of an occupier
and includes, in relation to an occupier of a
dwelling-house who holds under a contract of
employment under which the provision of the house

a for his occupation forms part of his remuneration,
his employer;

"agent" means, in relation to the landlord of a dwelling-
house, a person who collects rent in respect thereof
on behalf of the landlord or is authorized by him
so to do, or in the case of a dwelling-house occupied
by a person who holds as aforesaid, a person who
pays remuneration to the occupier on behalf of the
employer or is authorized by him so to do;

"Local Authority" means any Authority which the
Minister shall by order published in the Gazette
declare to be a Local Authority for the purposes
of this Act, and within the area and tosthe extent
specified in such order;

"official representation" means a representation made
by any Local Authority with regard to any area
within the jurisdiction of that Authority, or a
representation made by a Medical Officer of Health
or any statutory Health Authority;

< 1 owner" in relation to any building or land, means
a person, other than a mortgagee not in posses-
sion, who is for the time being entitled to dispose
of the right of ownership of the building or land,
whether in possession or in reversion, and includes
also a person holding or entitled to the rents and
profits of the building or land under a lease or
agreement the unexpired term whereof exceeds
three years;

"road" means any road whether public or private and
includes any street, square, court, alley, lane,
bridge, footway, trace, bridle path, passage, or
highway, whether a thoroughfare or not;

"sanitary defects" includes darkness, dampness, lack
of air space or of ventilation, absence of adequate

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and Housing (CAP. 404 7

and readily accessible water supply or sanitary
accommodation or of other conveniences, and in-
adequate paving or drainage of courts, yards or
passages;

"scheme" means a housing scheme, a slum clearance
scheme, a redevelopment scheme, and a scheme
varying or revoking an existing scheme;

" slum clearance area" means an area defined and
declared as such in the manner hereinafter
contained to be acquired or re-developed for the
purposes and in accordance with the provisions of
this Act;

"working classes" includes mechanics, artisans,
labourers, and others working for wages, hawkers,
costermongers, persons not working for wages but
working at some trade or handicraft without
employing others, except members of their own
family, and persons other than domestic servants,
whose income in any case does not exceed an
average of nine dollars and sixty cents a week or
such other sum as the Central Authority in its
discretion may decide and the families of any such
person who may be residing with them.

(2) A house shall be deemed for the purposes of this
Act to be overcrowded if the average floor space of such house
is less than 40 square feet per person:

Provided that only rooms normally required as living
rooms or bedrooms are included and that no account is taken
of children under one year of age.

3. (1) For the purpose of this Act there shall be con- F;g;:F of
stituted a housing and planning authority, to be called The Housing .,d
Central Housing and Planning Authority, vested with the ~ , " ~ r ; ~ Y .
powers and functions in this Act mentioned and charged with
the duty of carrying out the provisions of this Act.

(2) The Central Housing and Planning Authority
(hereinafter in this Act referred to as "the Central
Authority") shall be a body corporate and shall have
perpetual succession and a common seal.

LAWS OF ANTIGUA AND BARBUDA

8 CAP. 404) Slum Clearance and Housing

(3) The Central Authority shall have power to make
contracts or to sue and be sued in their corporate name.

(4) The seal of the Central Authority shall, when used,
be Luthenticated by the signatures of the Chairman and of
one other member of the Central Authority.

(5) Judicial, and official, notice shall be taken of the seal.

(6) The Central Authority shall have an office in the
City of St. John's.

PART I1

CONSTITUTION OF THE CENTRAL AUTHORITY

Constitution of
the Central

4. (1) The Central Authority shall consist of seven
Authority. persons to be nominated by the Minister, of whom three

shall be nominated on the recommendations of the House
of Representatives.

(2) (a) The members of the Central Authority shall
hold office for such period as the Minister may
determine.

( b ) The Chairman of the Central Authority shall
be appointed by the Minister from amongst their
number.

(3) The Central Authority shall have power to co-opt
the assistance of the following persons when considering any
scheme-

( a ) representatives of any Local Authority when
any matter affecting the area of such Local Authority
is under consideration;

(6) a representative of the Education Department
when any matter concerning the siting or design of, or
otherwise affecting any school is under consideration;

(6 ) a representative of the Agricultural Department
when any matter affecting the use of land, the marketing
of produce or other matter affecting agriculture is under
consideration;

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and Housing (CAP. 404 9

(d) a planning officer or architect whenever such
an officer is available when zoning, site planning or
building is under consideration;

(e) any specialist officer who may be available when
the advice of such specialist officer is considered
desirable.

(4) The Minister may appoint any person to act in the
place of the Chairman or any other member of the Central
Authority in case of his absence or inability to act as such
Chairman or other member.

(5) Any member of the Central Authority who-

(a) not being an officer in the public service, by
writing addressed to the Minister, resigns from the
Central Authority; or

(6) departs from Antigua and Barbuda without
leave of the Minister; or

(c) remains out of Antigua and Barbuda after the
expiration of his leave; or

(4 fails without reasonable excuse to attend four
consecutive meetings of the Central Authority

shall cease to be a member of the Central Authority.

(6) The Minister may at any time revoke the appoint-
ment of any member of the Central Authority.

(7) Where the appointment of a member of the Central
Authority is revoked, or where a member ceases to be a
member of the Central Authority, the Minister may, subject
to the provisions of subsection ( I ) , appoint another person
to fill the vacancy.

(8) It is hereby declared that membership of the Central
Authority, whether with or without remuneration or other
allowance, shall not be a public office within the meaning
of the Constitution.

5. (1) The Chairman and other members may be paid z",";:;;tion of
such remuneration or other allowances as the Minister may
determine.

LAWS OF ANTIGUA AND BARBUDA

10 CAP. 404) Slum Clearance and Housing

(2) The Minister may appoint at such remuneration
and on such terms and conditions as he may determine a
secretary and such other officers, servants and agents as may
be equisite for the due and proper execution and enforce-
ment of their duties under this Act, and to require any officer
or servant or agent so appointed to give such security as
may be deemed proper for the due execution of his duties.

(3) The Central Authority with the approval of the
Minister may make rules relating to the duties of their
officers, servants and agents.

Appointment of
committee for

6. (1) The Central Authority may appoint a commit-
of ~ ~ t . tee for any of the purposes of this Act which, in the opinion

of the Central Authority, would be better regulated and
managed by means of a committee and may with the approval
of the Minister delegate to the Committee with or without
restrictions or conditions as they think fit, any of their powers
under this Act.

(2) A committee appointed under this section shall
consist of such number of persons as the Central Authority
may think fit.

Meetings and
procedure

7. (1) The Central Authority shall hold monthly
thereat. meetings for the transaction of general business, which shall

be held at such time and place and on such days as the Central
Authority may determine.

(2) The Chairman may at any time call a special
meeting of the Central Authority.

(3) An extraordinary meeting shall be summoned by
the secretary of the Central Authority within twenty-one days
of a requisition for that purpose addressed to him by any
three members of the Central Authority. The requisition shall
be in writing and no business other than that specified in
the requisition shall be transacted at the extraordinary
meeting except by leave of the Central Authority.

(4) The Chairman shall preside at all meetings of the
Central Authority at which he is present. In case of his
temporary absence, the members present and constituting
a quorum shall elect a Chairman from among their number.

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and Housing (CAP. 404 1 1

(5) At any meeting of the Central Authority four
members shall form a quorum for the transaction of business.

(6 ) All acts of the Central Authority, and all questions
coming or arising before the Central Authority, shall be done
and decided by the majority of such members of the Central
Authority as are present and vote thereat. In case of an
equality of votes, the Chairman of the meeting shall have
a second or casting vote.

(7) Minutes of all meetings shall be recorded and kept
by the secretary. Copies of such minutes duly confirmed at
a subsequent meeting shall as soon as practicable thereafter
be forwarded to the Minister.

PART I11

8. Subject to the provisions of this Act the Central :ze',":r~wers
Authority may, with the approval of the Minister- *"thority.

(a) acquire land or buildings, or an estate or
interest therein, for all or any of the purposes of an
approved scheme, which purposes may include the
erection, construction, maintenance and improvement
(whether by the Central Authority or by persons other
then the Central Authority) of houses and gardens,
factories, workshops, places of worship, places of
recreation, and other works and buildings for or for the
convenience of persons living in Antigua and Barbuda,
and generally all such matters as are necessary or
desirable for, or are incidental to, the development of
the property acquired as a building estate;

(6 ) (i) acquire land or buildings, or an estate or
interest therein, for the purpose of the
development of the property acquired in
any way which, if a scheme had been
applicable to the property, could have
been properly provided for in such
scheme;

(ii) acquire land or buildings, or any estate
or interest therein, adjacent to a slum
clearance area or re-development area,

LAWS OF ANTIGUA AND BARBUDA

12 CAP. 404) Slum Clearance and Housingr

which in the opinion of the Central
Authority it is desirable should be
acquired for the satisfactory further
development or use of the slum clearance
area or re-development area as the case
may be;

(iii) acquire land or buildings, or any estate
or interest therein, in any area suitable
for the purposes of a contemplated
scheme;

( 6 ) carry out, in connection with any property
acquired for the purposes of an approved scheme, the
purposes of that scheme;

(6) carry out, in connection with any property
acquired under paragraph ( 6 ) (i) and (ii), the purposes
for which the property was acquired;

( e ) carry out, in relation to land or buildings, or
any estate or interest therein, vested in the Crown, any
purpose which could properly be provided for in a
scheme in relation to property acquired for the purposes
of the scheme, including (but without prejudice to the
generality of the powers conferred by this paragraph)
the erection of houses for settlers participating in any
Land Settlement Scheme;

V) without prejudice to any other powers conferred
by this section, let or lease any land or buildings vested
in the Central Authority on such terms and subject to
such covenants and conditions as the Central Authority
may think fit:

Provided that, in exercising the powers conferred
by this paragraph, the Central Authority shall have
regard to the provisions of section 35;

Cg) on such terms as the Minister may approve,
sell or exchange any land or buildings, or any estate
or interest therein vested in the Central Authority;

(h ) accept a donation of money for any purpose
to which the funds of the Central Authority may lawfully
be applied;

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and Housinx (CAP. 404 13

1 (21 guarantee or join in guaranteeing the payment
of interest and capital or money borrowed by any person
living in Antigua and Barbuda to purchase a dwelling-
house or to erect a dwelling-house for his own use upon
land belonging to the Central Authority or the Crown
let or leased to such person upon such terms and condi-
tions as the Central Authority may deem fit;

61 advance upon such securities as may likewise
be approved, to suitable social organisations for the
purpose of assisting the erection of hotels for single men
and single women of the working class;

(k) invest at their discretion in any securities
authorised by law for the time being for the investment
of trust funds any moneys (whether consisting of capital
or income at any time at the disposal of the Central
Authority not immediately required by the Central
Authority for the purchase of property or the construc-
tion of buildings for other purposes as authorised by
this Act.

9. (1) The Central Authority may, with the approval E;;r;:Cztral
of the Minister, make arrangements with a Housing Associa- make
tion or Local Authority for the purpose of enabling such ~$~,"U's;~",
bodies to- Association, &c.

(a) provide housing accommodation for persons of
the working class displaced by action taken by the
Central Authority under the provisions of this Act for
dealing with slum clearance areas or with redevelop-
ment areas or for the demolition of insanitary houses
or for the closing of buildings or part of buildings;

(6) provide housing accommodation for persons of
the working class for the purpose of the abatement of
overcrowding;

(6) alter, enlarge, repair or improve houses or
buildings, which, or an estate or interest in which, the
Central Authority have acquired with a view to the
provision or improvement of housing accommodation
for persons of the working class.

(2) Arrangements made under subsection (1) shall
include such terms with regard to such matters, including

LAWS OF ANTIGUA AND BARBUDA

CAP. 404) Slum Clearance and Housing

Power of Central
Authority to
make advances to
persons for the
purpose of
improving or
increasing
housing
accommodation.

the types of houses to be provided, the rents at which the
houses provided are to be let, and the conditions of the
tenancy, as may appear to the Central Authority to be
expedient in view of the needs in relation to the housing
of :he working classes and as may be approved by the
Minister.

(3) If a Housing Association or Local Authority repre-
sent to the Minister that they have submitted to the Central
Authority proposals for arrangements under this section, and
that the Central Authority have unreasonably refused to make
arrangements in accordance with the proposals, the Minister
may require the Central Authority to furnish him with a
report as to the matter stating the reasons for their refusal
and to make such arrangements as shall be approved by the
Minister.

10. (1) The Central Authority may, subject to the
provisions hereinafter contained and subject to the approval
of the Minister, in any case where the Central Authority
consider that having regard to the costs involved and the
financial position of the applicant it is reasonable to give
such assistance, advance money for purchasing or construc-
ting one or more houses, or for carrying out alterations or
repairs to any house or houses, to any person of the working
class:

Provided that such house is situate on land owned by
any person of the working class or leased by such person
for an approved period.

In this subsection "an approved period" means a period
during which the recipient of assistance can refund any loan
which may be made to him.

(2) Application for advances under this section shall be
made in writing addressed to the Central Authority and shall
contain full particulars of the houses to be purchased, con-
structed, altered, or repaired, and of the land on which such
houses are or shall be situate, the amount of the advances
required, the manner in which such advances are to be
applied, the proposals for repayment thereof, and such other
particulars as may be required by the Central Authority.

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and Housing (CAP. 404 1 5

(3) The Central Authority before granting any such
assistance shall satisfy themselves that the house in respect
of which assistance is to be given will, when the building,
alteration, or repair has been completed, be in all respects
fit for human habitation, and will be used as dwellings for
the working classes.

(4) The Central Authority shall consider each applica-
tion and shall fix the maximum amount to be allowed, the
conditions on which, and the times at which the total amount
or any portion thereof shall be advanced, and the terms and
conditions of repayment. Every advance made under this
Act may, at the discretion of the Minister, carry interest
at such rate as may be fixed by the Minister on the amount
of every such advance or on so much thereof as may remain
unpaid.

(5) Every advance made by the Central Authority under
subsection (1) shall be secured by a first mortgage in favour
of the Central Authority on the land and houses in respect
of which the advance was made, and the mortgage shall be
in the form prescribed by regulations under this Act, or,
in the case of lands held under the Title by Registration Act Cap. 429.
in the form prescribed by that Act.

(6) In any such form of mortgage there shall be implied
(unless expressly excluded by the Central Authority) on the
part of the borrower, the following covenants with the Central
Authority, that is to say-

(a) to expend the advance for the purposes specified
in the mortgage, and not otherwise;

(6) to repay the said advance and all charges and
interest thereon, at the time or times, and in the manner
mentioned in the mortgage, and to pay all expenses
incurred by the Central Authority in enforcing or
realizing the security of the Central Authority;

(c) to produce, at such times as may be required
by any person authorized in writing by the Central
Authority, an account showing the expenditure of the
moneys advanced, vouched on oath or by affirmation,
or in such other manner as may be required by the
person so authorized;

LAWS OF ANTIGUA AND BARBUDA

16 CAP. 404) Slum Clearance and Housinf

(6) to repair, and keep in repair, all buildings and
improvements which shall have been, or shall be,
restored, altered, or erected upon the land;

(e) to suffer and permit any person authorized by
the Central Authority in writing, at all times during
the continuance of the security created by the mortgage
under this Act, to enter into and upon the land and
buildings, with or without surveyors or other persons,
to view and inspect the state of repair and condition
of the land, buildings, or improvements;

(f) to insure, and so long as any money remains
secured by the said mortgage, to keep insured, against
loss or damage by fire, earthquake and hurricane, in
the name of the Central Authority, their assigns or
transferees, in an insurance company, to be approved
of by the Central Authority, all buildings, fixtures and
erections which shall, for the time being, be erected on
the said land, and which shall be of a nature or kind
capable of being so insured, to the amount secured by
the mortgage, or such less sum as the Central Authority
may determine; and when so required, deposit with the
Central Authority, their assigns or transferees, the policy
of such insurance, and within seven days after each
premium shall become payable, the receipt for the pay-
ment of such premium; and the moneys which shall be
received on account of any such insurance, shall at the
option of the Central Authority, their assigns or
transferees, be applied, either in or towards satisfaction
of the moneys secured by the mortgage, or for the
carrying out of the purposes, under the superintendence
of the Central Authority, specified in the mortgage; and
that on any breach, or non-observance of this covenant
the Central Authority their assigns or transferees, shall
be at liberty to effect such insurance, and continue the
same for such period as they may deem fit, and the costs
and expenses paid on account thereof shall be payable
on demand, and be a charge on the land, and bear
interest at the same rate as in the case of principal money
overdue;

e) not to make any lease, or agreement for a lease
without the consent in writing of the Central Authority
first had and obtained and any such lease or agreement

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and Housing (CAP. 404 17

for a lease, made or entered into by the borrower without
such consent, shall be void to all intents and purposes
whatsoever.

(7) Every such mortgage shall be recorded under the
provisions of the Registration and Records Act, or registered Cap. 375.
under the provisions of the Title by Registration Act, as the
case may be.

(8) The Central Authority shall, on the repayment of
the capital of any mortgage under subsection (5) and of all
interest payable thereon file with the Registrar of Deeds or,
the Registrar of Titles, as the case may be, a memorandum
to that effect in the form prescribed by regulations under
this Act, or, in the case of lands held under the Title by
Registration Act in the form prescribed by that Act and every
such memorandum shall operate as a discharge of the
mortgage.

(9) If any person who shall receive an advance shall
fail to pay interest on the capital amount if and when due,
or shall commit any breach of any of the conditions attaching
to such advance, the Central Authority may make up an
account showing the amount due on the advance together
with the interest thereon, if any, and any other charges and
deliver to such person either personally or by post a copy
of such account, and upon delivery of such account the
amount therein stated to be due shall be immediately payable
to the Central Authority, and in default of payment it shall
be lawful for the Central Authority to exercise any or all
of the powers available to mortgagees for enforcing payment
of the securities.

1 . Notwithstanding the provisions contained in sec- Power or Central
Authority to

tion 10, the Central Authority may, in any case where the ,,k, ad,ance,
Central Authority think fit, and subject to such conditions, !:t;"s;;c;oy;
including the charging of a rate of interest as they may deem ,ecurity being
fit to impose, advance money for purchasing or advance given.
money or supply materials for constructing one or more
houses, or for carrying out alterations or repairs to any house
or houses, to any person of the working class:

Provided that security for the payment therefor to the
satisfaction of the Central Authority be given by such person.

LAWS OF ANTIGUA AND BARBUDA

18 CAP. 404) Slum Clearance and Housing

Powers of
Central Authority

12. (1) Whenever any building is, in the opinion of
as to ruinous or the Central Authority, ruinous or so dilapidated as to have
dilapidated
buildings.

become and to be unfit for human habitation or a nuisance
or i~jurious or likely to be injurious to health, the Central
Authority may give notice in writing to the owner requiring
him forthwith to take down, secure, repair or rebuild the
same to the satisfaction of the Central Authority within a
time to be specified in the notice.

(2) If the owner neglects to comply with the require-
ments of the notice within the time specified therein, the
Central Authority or any person authorized in writing by
the Chairman of the Central Authority may make complaint
thereof before a Magistrate, and such Magistrate may order
the owner to carry out the requirements of the notice within
a time fixed by him in his order.

(3) If such order is not complied with within the time
fixed therein, the owner shall be liable on summary con-
viction to a fine not exceeding one thousand dollars and to
a further fine not exceeding one hundred dollars for every
day during the continuance of such non-compliance, and the
Central Authority may, without prejudice to their right to
institute a prosecution, with all convenient speed, enter upon
the building or upon the ground on which it stands and
execute the order.

(4) When the order directs the taking down of a
neglected building, the Central Authority, in executing the
order, may remove the materials to a convenient place, and
(unless the expenses incurred by the Central Authority under
this section in relation to such building are paid to them
within fourteen days after such removal) sell the same or
any part thereof as and if they in their discretion think fit.

(5) All expenses incurred by the Central Authority
under this section in relation to a building may be deducted
by the Central Authority out of the proceeds of the sale, and
the surplus, if any, shall be paid by the Central Authority
to the owner of the building on demand and upon proof of
title; or the Central Authority may, if they think fit, pay
such surplus into the High Court to an account to be
entitled-

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and H ~ u s i n ~ y (CAP. 404 19

"In the matter of the Slum Clearance and Housing Act,
and of the premises (describing them) the materials of which
were sold under the provisions of the said Act"; and tllc
High Court or any Judge thereof may, on the petition oi
any person entitled or claiming to be entitled to such moneys
or any part thereof, make an order for the payment of the
same or any part thereof to the person or persons entitled
thereto.

( 6 ) If the building is not taken down and such materials
are not sold by the Central Authority, or if the proceeds
of such sale are insufficient to defray the said expenses, the
Central Authority may recover such expenses or such
insufficiency from the owner of the building together with
full costs in respect thereto in a summary manner, but without
prejudice to his right to recover the same from any lessee
or other person liable for the expenses of repairs.

(7) I n connection with the exercise by the Central
Authority of the powers conferred by this section in relation
to a building within the area of a Local Authority, the follow-
ing provisions shall have effect, namely-

(a) the Central Authority shall, in deciding to issue
a notice under subsection (1) or in deciding whether
any such notice has been satisfactorily complied with,
take into consideration any report on the building sub-
mitted by the chief health or engineering adviser of the
Local Authority;

( 6 ) the Central Authority shall notify the Local
Authority of the dates of the meetings at which any such
decisions as are mentioned in paragraph ( a ) will be con-
sidered by the Central Authority and thereupon the
Local Authority may delegate three of their members
to attend such meetings, or any of them, for the purpose
of considering such decisions and expressing their views
thereon.

(8) In this section the term "building" includes a part
of a building.

LAWS OF ANTIGUA AND BARBUDA

2 0 CAP. 404) Slum Clearance and Housing

PART IV

Duty of Central
Authority to

13. (1) The Central Authority shall consider the
prepare housing needs of Antigua and Barbuda with respect to the provision
schemes. of housing accommodation for persons of the working class

in any particular area, and as often as occasion arises, or
after notice has been given to the Central Authority by the
Minister and within such period as shall be specified in the
notice, cause the area to be defined on a plan and prepare
and submit to the Minister a scheme (hereinafter referred
to as a Housing Scheme) for the exercise of their powers
under the provisions of this Act and pass a resolution
declaring the area so defined to be a housing area.

(2) Subject to the provisions of this Act but without
prejudice to section 9, the Central Authority may carry into
effect any Housing Scheme-

(a) by the conversion of any buildings acquired into
dwelling houses;

( b ) by altering, enlarging, repairing or improving
any houses or buildings which have been acquired by
the Central Authority;

(c) by altering, enlarging, repairing or improving
a house as erected, converted or acquired, and fitting
out, furnishing and supplying any such house with all
requisite fittings and conveniences.

(3) Where the Central Authority acquire a house or
other building in a housing area which could be made suitable
as a dwelling house for the working classes, or an estate or
an interest in such a house or other building, they shall forth-
with proceed to secure the alteration, enlargement, repair
or improvement of such house or building either by
themselves executing any necessary works, or by leasing it
to some person subject to conditions for securing that he
will alter, enlarge, repair or improve it.

Central Authority 14. (1) Where the Central Authority are satisfied as
may declare an
unhealthy area to respects any area that the housing conditions in that area
be a slum are dangerous or injurious or likely to be injurious to the
clearance area. health and welfare of the inhabitants by reason of the disrepair

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and Housinp. (CAP. 404 2 1

or sanitary defects of dwelling houses or barracks therein
or of overcrowding in the area or of the bad arrangement
of the houses or of the narrowness or bad arrangement of
the roads, and that those conditions can be effectually
remedied-

(a) by ordering the demolition, reconstruction or
repair, as the circumstances may require, of those
dwelling houses or barracks which are unfit for human
habitation; or

(6 ) by the acquisition of the land and buildings
thereon comprised in the area and themselves under-
taking or otherwise securing the demolition, reconstruc-
tion or repair, as the circumstances may require, of those
dwelling houses or barracks which are unfit for human
habitation; and

(c) if it is so desired, by the acquisition by the
Central Authority of any land or buildings in the area
which it is expedient for them to acquire for the
reconstruction and development of the area; and

(d) if it is so desired, by the acquisition of any land
which is surrounded by the area, the acquisition of which
is reasonably necessary for the purpose of securing a
cleared area of convenient shape and dimensions, and
of any adjoining land, the acquisition of which is
reasonably necessary for the satisfactory development
or use of the cleared area,

the Central Authority shall cause that area to be defined on
a plan in such a manner as to exclude from that area any
land or buildings in respect of which in their opinion sanitary
defects do not exist or which they do not find it expedient
to acquire for the remedying of overcrowding or badly
arranged conditions, but including in such area buildings
which in their opinion are in a state of disrepair and any
surrounding or adjoining land which it is desired by the
Central Authority to acquire.

(2) The Central Authority shall pass a resolution
declaring the area so defined to be a slum clearance area
and, shall, within the period hereinafter prescribed, prepare
and submit to the Minister a scheme (hereinafter referred
to as a sum clearance scheme) for the exercise of their powers
under the provisions of this Act.

LAWS OF ANTIGUA AND BARBUDA

2 2 CAP. 404) Slum Clearance and Housing

Duty of Central
Authority to

15. Where the Central Authority are satisfied that
secure in any district there is an area in which the following con-
redevelopment. ditions exist, that is to say-

(a) at least one-third of the working class houses
in the area are overcrowded, or so arranged as to be
congested, or unfit for human habitation and not capable
at a reasonable expense of being rendered so fit;

(6) the industrial and social conditions of the district
are such that the area should be used to a substantial
extent for housing the working classes; and

(c) it is expedient in connection with the provision
of housing accommodation for the working classes that
the area should be redeveloped as a whole;

the Central Authority shall-

(i) cause the area to be defined on a plan, and
pass a resolution declaring the area so defined
to be a proposed redevelopment area;

(ii) within the period and in the manner
hereinafter prescribed, prepare and submit to
the Minister a scheme (hereinafter referred to
as a redevelopment scheme) for the exercise
of their powers under the provisions of this Act.

Copies of
resolutions to be

16. (1) As soon as may be after the Central Authority
sent to the have passed a resolution under sections 13, 14 or 15, they
Minister. shall send a copy of the resolution to the Minister and shall

publish in the Gazette and in at least one local newspaper
a notice stating that the resolution has been passed and
naming a place where a copy of the resolution may be
inspected.

Submission of
scheme to the

(2) Within three months after the Central Authority
Minister. shall have passed such resolution or within such extended

period as the Minister may allow, the Central Authority shall
prepare and submit to the Minister a plan of any scheme
intended to be undertaken accompanied by a statement
containing appropriate particulars of the scheme indicating-

(a) the manner in which it is intended that the
defined area should be laid out and the land therein
used, and in particular the land intended to be used

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and Housinx (CAP. 404 2 3

for the provision of houses for the working classes, for
roads and for open spaces;

(6) the approximate quantity of the land to be
acquired;

(6) the approximate number and the nature of the
houses to be provided by the Central Authority;

(4 the average number of houses to be constructed
per acre;

(e) the community facilities proposed, including
shops, schools, churches, meeting halls, play centres and
recreation grounds;

( f ) if the total demolition of existing houses is not
proposed, the nature of repairs, improvements alld
reconstruction intended to be made;

(g) the time within which the scheme or any part
thereof is to be carried into effect;

(h) the estimated cost of the scheme and of the rents
expected to be derived from the houses provided under
the scheme;

(9 such incidental, consequential and supple-
mentary provisions (including provisions as to the
subsequent variation of the scheme) as may appear
necessary or proper for the purpose of the scheme;

@ objections made by persons affected by the
scheme where such objections have not been met or
withdrawn.

(3) In the preparation of any scheme the Central
Authority shall have regard to the provisions of any planning
scheme relating to the defined area or land in the
neighbourhood thereof.

(4) The Central Authority before submitting such
scheme to the Minister shall-

(a) publish in a local newspaper a notice stating
that the scheme is about to be submitted to the Minister
for approval, naming a place where the plan and parti-
culars of the scheme may be inspected, and specifying

LAWS OF ANTIGUA AND BARBUDA

2 4 CAP. 404) Slum Clearance and Housing

the time within which, and the manner in which,
objections may be made; and

( b ) serve a notice to the like effect on every owner
and on every other person who to the knowledge of the
Central Authority has any estate or interest in land in
the defined area, except persons holding under a monthly
tenancy or less period:

Provided that failure to serve any such notice shall
not in any manner prejudice such scheme.

Local Authority
affected by

17. (1) In any case where a scheme is wholly or in
scheme to be part within the area of a Local Authority, the Central
notified. Authority shall, before submitting the draft scheme to the

Minister for approval, furnish particulars and a copy of the
scheme to the Local Authority for their consideration and
representations.

(2) If the Local Authority desire to make any objections
or representations in respect of the said scheme, they shall
within the prescribed time and manner submit the same to
the Central Authority.

(3) The Central Authority shall consider any objections
or representations received by them in pursuance of this
section, and shall give full opportunity for such Local
Authority to be heard by the Central Authority, and in sub-
mitting the scheme to the Minister for approval shall forward
copies of all such objections or representations which have
not been met or withdrawn.

Approval of
scheme by

18. (1) The Minister may, if he thinks fit, after con-
Minister. sidering any obiections duly made to the scheme which have - , -

not been met or withdrawh approve the scheme submitted
to him or any part thereof, either without modification or
with such modifications as he thinks fit (including, if he thinks
fit, the alteration of the defined area so as to exclude land
therefrom, but not so as to add land thereto) and the scheme
or part thereof when so approved shall be binding on the
Central Authority; but if the Minister considers the scheme
inadequate he may refuse to approve the scheme and require
the Central Authority to prepare and submit to him a further
scheme within such time as he may fix, or he may approve
the scheme or any part thereof subject to the condition that

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and Housing (CAP. 404 25

the Central Authority prepare and submit to him a further
scheme within such time as he may fix:

Provided that in the case of a redevelopment scheme
he may, before approving the scheme, cause a public in-
quiry into the matter to be held under the Commissions of Cap. 91.
Inquiry Act and shall consider any objection not withdrawn
and the report of the Commission of Inquiry, and he may
thereafter approve the scheme with or without any such
modifications as aforesaid.

(2) The Minister shall not approve of any scheme unless
he is satisfied that-

(a ) the size of the area is such that the housing con-
ditions therein can be remedied within a reasonable
period;

(6) in so far as suitable accommodation available
for the persons of the working classes who will be dis-
placed by the steps the Central Authority propose to
take for the clearance and development of the area does
not exist, the Central Authority will provide, or secure
the provision of, such accommodation in advance of the
displacements which will from time to time become
necessary as these steps are taken.

In this section "suitable accommodation" means, in
relation to the occupier of a dwelling house, a dwelling house
as to which the following conditions are satisfied, that is to
say-

(a) the house must be a house in which the occupier
and his family can live without causing it to be
overcrowded;

(6) the Local Authority must certify the house to
be suitable to the needs of the occupier and his family
as regards security of tenure and proximity to place of
work and otherwise to be suitable in relation to his
means; and

(c) if the house belongs to the Local Authority, they
must certify it to be suitable to the needs of the occupier
and his family as respects extent of accommodation
having regard to the standard specified in this Act.

LAWS OF ANTIGUA AND BARBUDA

2 6 CAP. 404) Slum Clearance and Housing

Notification of
approval of

19. (1) Upon notification to the Central Authority
scheme. of the approval of the Minister of any scheme, the Central

Authority shall forthwith publish in the Gazette and in at least
one local newspaper a notice stating that the scheme has been
approved and naming a place where a copy of the plan and
particulars thereof may be inspected, and in the case of a
redevelopment scheme serve a like notice on every person
who gave notice of his objection to the scheme.

(2) Where, after a scheme has been approved, it appears
to the Central Authority that any land in the area (that is
to say the defined area or so much thereof as is comprised
in the scheme approved) ought to be redeveloped or used
otherwise than as indicated in the scheme, the Central
Authority shall prepare and submit for the approval of the
Minister a new scheme as respects that land.

(3) In the following provisions of this Act references
to redevelopment or use in accordance with a scheme shall
be construed as references to a scheme approved under this
section, or, in the case of land comprised in a new scheme
approved under this section, in accordance with the new
scheme.

PART V

Demolition
order.

20. (1) Where as respects any area declared by the
Central Authority to be a slum clearance area and included
in a slum clearance scheme approved of by the Minister in
the manner hereinbefore provided, the Central Authority
shall determine to order any buildings in the area to be
demolished, they shall make an order (in this Act referred
to as a "demolition order") ordering the demolition of each
of those buildings, and the Central Authority shall forthwith
publish in at least one local newspaper, a copy of the order,
and upon such publication the order shall become operative.

(2) When a demolition order has become operative the
owner or owners of any building to which the order applies
shall demolish that building before the expiration of two
months from the date on which the building is required by

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and Housing (CAP. 404 2 7

the order to be vacated or, if it is not vacated until after
that date, before the expiration of two months from the date
on which it is vacated or, in either case, before the expira-
tion of such longer period as in the circumstances the Central
Authority may deem reasonable; and, if the building is not
demolished before the expiration of that period, the Central
Authority shall enter and demolish the building and sell or
otherwise dispose of the materials thereof.

(3) Any expenses incurred by the Central Authority
under subsection (2), after giving credit for any amount
realized by the sale of materials, may be recovered by them
as a simple contract debt from the owner of the house or,
if there is more than one owner from the owners thereof in
such shares as the court may determine to be just and
equitable; and any owner who pays to the Central Authority
the full amount of their claim may in the like manner recover
from any other owner such contribution, if any, as the court
may determine to be just and equitable.

(4) Any surplus in the hands of the Central Authority
shall be paid by them to the owner of the house, or if there
is more than one owner, shall be paid as those owners may
agree. If there is more than one owner and the owners do
not agree as to the division of the surplus, the Central
Authority shall be deemed by virtue of this subsection to
be trustees of the surplus for the owners of the house.

(5) The court, in determining for the purposes of this
section the shares in which any expenses shall be paid or
contributed by, or any surplus shall be divided between, two
or more owners of a house, shall have regard to their respect-
ive interests in the house, their respective obligations and
liabilities in respect of maintenance and repair under any
covenant or agreement, whether expressed or implied, and
all the other circumstances of the case.

2 1. (1) When a demolition order has become Use of latd in
rcs cct of which

operative no land to which the order applies shall be used a ~ , , l i , i , ,
for building purposes, or otherwise developed, except sub- order has been

made.
ject to such restrictions and conditions, if any, as the Central
Authority may think fit to impose:

LAWS OF ANTIGUA AND BARBUDA

2 8 CAP. 404) Slum Clearance and Housing

Owner of land
and buildings
may be
permitted to
carry out slum
clearance scheme
or redevelopment
scheme.

Provided that an owner who is aggrieved by a restric-
tion or condition so imposed on the user of his land, or by
a subsequent refusal of the Central Authority to cancel or
modiiy any such restriction or condition, may at any time
appeal by notice in writing to a Judge who shall determine
the matter summarily and make such order in the matter
as he thinks proper, and his decision shall be final.

(2) A person who commences, or causes to be com-
menced, any work in contravention of a restriction or
condition imposed under this section shall be liable, on
summary conviction, to a fine not exceeding one hundred
dollars in respect of each day during which the work exists
in such a form and state as to contravene the restriction or
condition.

22. (1) Notwithstanding the publication of a notice
by the Central Authority in accordance with the provisions
of section 19 the owner of any land or buildings specified
in such notice may, with the permission of the Central
Authority and the approval of the Minister, undertake for
himself the clearance and reconstruction of the land and
buildings so specified or the redevelopment thereof subject
to the provisions hereinafter contained.

(2) Any application for such permission with full
particulars accompanied by plans shall be made by the owner
in writing addressed to the Central Authority within four
weeks of the date of publication of the notice by the Central
Authority. The Central Authority shall as soon as practicable
after the receipt of such application consider the same at a
meeting of the Central Authority and shall by resolution
passed at such meeting either refuse or accept the applica-
tion. The resolution together with the application shall be
submitted to the Minister who may either reject the applica-
tion or grant it with such modifications (if any) as he may
think fit.

(3) If the application is granted, the owner shall within
four weeks of the date of his being notified of the granting
of his application enter into a bond with one or more sureties
to be approved by the Central Authority in a sum not less
than the estimated cost of clearance and reconstruction of
the land and buildings or the redevelopment thereof, as the

LAWS OF ANTIGUA AND B m U D A

Slum Clearance and Housinf (CAP. 404

case may be, specified in the application as approved by the
Minister, which said bond shall be conditioned that the owner
shall pay such sum as aforesaid to the general revenue of
Antigua and Barbuda upon failure to complete the clearance
and reconstruction of the said land and buildings or the
redevelopment thereof, as the case may be, within a period
to be specified in the bond and in accordance with the scheme:

Provided that, if the owner of any such land and
buildings fails to complete the clearance and reconstruction
thereof or the redevelopment thereof, as the case may be,
in accordance with the scheme to the satisfaction of the
Central Authority and within the period specified in the bond,
subject to any variation or extensions approved by the surety
or sureties and the Minister, the Central Authority may,
notwithstanding the enforcement of the bond, acquire such
land and buildings and clear and reconstruct or redevelop
the same in accordance with the provisions of this Act.

(4) Upon the completion by the owner of the clearance
and the reconstruction of the said land or buildings or the
redevelopment thereof, as the case may be, to the satisfaction
of the Central Authority, the Central Authority shall, at the
expense of the owner, cause the notice published by the
Central Authority in accordance with section 19 to be
amended by the publication of an amending notice deleting
from the first mentioned notice the land and buildings
specified in the bond.

(5) Where the Central Authority are satisfied that, for
the purpose of enabling the clearance and reconstruction of
land and buildings or the redevelopment thereof, as the case
may be, to be carried out in accordance with proposals which
have been submitted as aforesaid and in respect of which
the Central Authority have given notice of their satisfaction,
it is necessary that any dwelling house to which the Rent Cap. 378.
Restriction Act applies should be vacated, and that suitable
alternative accommodation is available for a tenant or will
be available for him at a future date, the Central Authority
may issue to the landlord a certificate that such suitable alter-
native accommodation is available for the tenant or will be
available for him by such future date, and a certificate so
issued shall, for the purposes of the Rent Restriction Act,
be binding on the court to order the recovery of possession
of any such dwelling house.

LAWS OF ANTIGUA AND BARBUDA

3 0 CAP. 404) Slum Clearance and Housing

Certificates as to
the condition of

23. (1) Any owner of a dwelling house, which is
houses and occupied or of a type suitable for occupation, by persons
exemption from of the working class and in respect of which works of
slum clearance
area. impr'ovement (otherwise than by way of decoration or repair

but including fittings and fixtures) or structural alteration
are proposed to be executed, may submit a list of the pro-
posed works to the Central Authority with a request in writing
that the Central Authority shall inform him whether in their
opinion the house would, having due regard to the nature
of its site and its relationship to the arrangements of existing
roads after the execution of those works, or of those works
together with any additional works, be in all respects fit for
human habitation and would, with reasonable care and
maintenance, remain so fit for a period of at least five years.

(2) As soon as may be after receipt of such a list and
request as aforesaid the Central Authority shd-take the list
into consideration and inform the owner whether they are
of opinion as aforesaid or not, and in a case where they are
of that opinion, shall furnish him with a list of the addi-
tional works (if any) appearing to them to be required.

(3) Where the Central Authority have stated that they
are of opinion as aforesaid and the works specified in the
list submitted to them, together with any additional works
specified in a list furnished by them, have been executed
to their satisfaction, they shall, on the application of any
owner of the house, issue to him a certificate that the house
is in all respects fit for human habitation and will with
reasonable care and maintenance remain so fit for a period
(being a period of not less than five years nor more than
ten years) to be specified in the certificate.

(4) During the period specified in a certificate given
under this section no action shall be taken under this Act
with a view to the demolition of the house as being unfit
for human habitation and its reconstruction as part of a slum
clearance area.

Judge may
empower owner

24. (1) If it appear to a Judge on the written applica-
to execute works tion of any owner of a house in respect of which a notice

default of requiring the execution of works has been served, or a demoli-
another owner.

tion order has been made, that owing to the default of any
other owner of the house in executing any works required

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and Housing (CAP. 404 3 1

to be executed on the house, or in demolishing the house,
the interests of the applicant will be prejudiced, the Jucigc
may make an order empowering the applicant forthwith to
enter on the house, and, within a period fixed by the order,
execute the said works or demolish the house, as the case
may be; and where it seems to the Judge just so to do, he
may make a like order in favour of any other owner.

(2) Before an order is made under this section, notice
of the application shall be given to the Central Authority,
and to any other owner who may be affected by the order.

(3) Proceedings under this section shall be determined
by the Judge in a summary manner, and any order made
by him shall be final.

PART VI

25. Where the Central Authority are unable to Acquisition af
land. acquire by agreement and on reasonable terms any lands

or buildings which they consider should be acquired for the
purposes of this Act, the Central Authority shall report the
fact to the Minister and, if the Central Authority so request,
the Minister may, if he thinks fit, take the necessary steps
to acquire such lands or buildings compulsorily under the
provisions of the Land Acquisition Act. Cap. 233.

26. (1) The Central Authority may pay to any person :;;r;:%ntraI
displaced from any dwelling house or other building in a ,kc .~~,,,nc,s
slum clearance area or a redevelopment area, as the case certain

ersonr
may be, which has been acquired under the provisions of {i,placed.
this Act, as being unfit for human habitation and not capable
at reasonable expense of being rendered so fit, such
reasonable allowance as they think fit towards his expense
in removing; and to any person carrying on any trade or
business in any such dwelling house or other building, they
may also pay such reasonable allowance as they think fit
towards the loss which, in their opinion, he will sustain by
reason of the disturbance of this trade or business consequent
on his having to quit the house or building and in estimating
that loss they shall have regard to the period for which the
premises occupied by him might reasonably have been
expected to be available for the purpose of his trade or

LAWS OF ANTIGUA AND BARBUDA

3 2 CAP. 404) Slum Clearance and Housing

business and the availability of other premises suitable for
that purpose.

(2) The Central Authority may also, in cases of special
hardship, pay to the owner of any premises acquired for the
purposes of this Act such sum as they consider fair and
reasonable in the circumstances.

PART VII

Authority 27. (1 ) The Central Authority. who are hereby
to carry out
scheme. empowered so to do, shall execute any scheme approved by

the Minister within such time as may be specified in such
scheme or within such further time as may be allowed by
the Minister.

(2) The Central Authority may, in connection with any
scheme, authorize the laying out and construction of roads
and services upon the land acquired by them; and all roads
and services as laid out and constructed if situated within
the jurisdiction of a Local Authority, shall thenceforth be
public roads and services maintained by the Local Authority.

(3) Subject to the approval of the Minister the Central
Authority may also engage with any person to carry the whole
or any part of the scheme into effect upon such terms as
the Central Authority may think expedient.

(4) When and so soon as a scheme has been substantially
completed by the Central Authority in accordance with the
provisions of this Act, the Central Authority shall certify that
fact to the Minister and specify the date upon which the
buildings within the area of such scheme or any part thereof
were or shall be ready for habitation.

Assignment of
duties of Central

28. The Central Authority may with the approval of
Authority to the Minister come to an agreement with a Local Authority
Local
Authorities.

so named in a scheme and in consequence thereof assign
to such Local Authority duties and functions in relation to
the enforcement and carrying out of such scheme.

LAWS OF ANTIGUA AND BARBUDA

Slum Clearanc~ and H o u \ ~ n y (CAP, 404 3 ' 4

29. (1) Where any scheme has becn approvctl i n R C C ~ V C ~ Y ~rrracrrion of or
accordance with the provisions of this Act thc (Icntral u~ldtrl . . 8 within
Authority shall serve on the occupier of any land or building arca. of approved

rchcnica. or any part thereof within the area of such schemc a noticc
stating the effect of such scheme and specifying the date by
which the Central Authority require the building to bc
vacated, and requiring him to quit the said land or thc
building before the said date or before the expiration of'
twenty-eight days from the service of the notice, whichever
may be the later; and if at any time after the date on which
the notice requires the land or building to be vacated any
person is in occupation of the land or building or any part
thereof, the Central Authority may make complaint to the
Magistrate of the district within which the land or building
is situate and thereupon the Magistrate shall by warrant in
the form set out in the Schedule, order vacant possession Schcdulc.
of the land or building or of any part thereof to be given
to the complainants within such period as may be determined
by the Magistrate, and the Magistrate may allow any costs
and expenses incurred by the Central Authority under this
section in obtaining possession of any land or building.

(2) Any person who, knowing that a scheme in any area
has been approved and applies to any land or building, enters
into occupation of that land or of any such buildings or any
part thereof after the approval of such scheme in such area
or permits any person to enter into such occupation after
that date, shall be liable, on summary conviction, to a penalty
not exceeding one thousand dollars and to a further penalty
not exceeding one hundred dollars for every day or part of
a day on which the occupation continues after conviction.

30. (1) Where any premises in respect of which any Power of Judge
to determine

order or scheme under this Act has become operative form 1,,,, where
the subject matter of a lease, either the lessor or the lessee premises

demol~shed.
may apply in writing to a Judge for an order under this
section.

(2) Upon any such application as aforesaid, the Judge,
after giving to any sub-lessee an opportunity of being heard,
may, if he thinks fit, make an order for the determination
of the lease, or for the variation thereof, and, in either case,
either unconditionally or subject to such terms and condi-
tions (including conditions with respect to the payment of

LAWS OF ANTIGUA AND BARBUDA

3 4 CAP. 404) Slum Clearance and Housing

money by any party to the proceedings to any other party
thereto by way of compensation, damages, or otherwise) as
the Judge may think just and equitable to impose, regard
being had to the respective rights, obligations, and liabilities
of t k parties under the lease and all the other circumstances
of the case.

(3) In this section the expression "lease" includes an
under-lease and any tenancy or agreement for a lease, under-
lease, or tenancy, whether any such be registered or not and
the expressions "lessor", "lessee", and " sub-lessee" shall
be construed accordingly and as including also a person
deriving title under a lessor, lessee, or sub-lessee.

Extinguishment
of ways,
easements. etc.

3 1. (1) The Central Authority may, with the approval
of the Minister by an order extinguish any public right of
way over any land acquired by them in accordance with the
provisions of this Act but notice of an order intended to be
made under this section shall, prior to such approval, be
published in the Gazette and in at least one local newspaper
at least once in every week for a period of four weeks, and
if any objection thereto is made to the Minister before the
expiration of six weeks from the date of the first publication
thereof, the Minister shall consider such objection before
approving the order, and he may if he thinks fit cause a

Cap. 91. public inquiry into the matter to be held under the Com-
missions of Inquiry Act.

(2) Any such order when approved shall be published
in the Gazette and shall take effect from the date of such
publication or from the date specified in such order.

(3) Upon the completion by the Central Authority of
the acquisition of them of any land in accordance with the
provisions of this Act all private rights of way and all rights
of laying down, erecting, continuing and maintaining any
pipes, sewers, drains, wires or cables on, under or over that
land (together with the property in those pipes, sewers, drains,
wires or cables) and all other rights, servitudes or easements
in or relating to that land shall, except so far as may be other-
wise agreed by the Central Authority and the person or Local
Authority entitled to the rights in question vest in the Central
Authority and any persons who suffer loss by the vesting
of any such rights or property as aforesaid shall be entitled

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and Housing (CAP. 404 35

to be paid by the Central Authority compensation to be deter-
mined under and in accordance with the provisions of the
Land Acquisition Act. Cap. 233.

32. (1) The Central Authority may, for any purpose Power of Central
Authority to

arising in relation to the making, enforcement, or carrying require
out of a scheme, by notice in writing, require the owner or information as to

ownership of occupier of any land or building in the area to which such premises.
a scheme relates or is intended to relate or any person
receiving, whether for himself or for another, rent out of
any such land or building, to state in writing to the Central
Authority, within a specified time not less than twenty-one
days after being so required, particulars of the estate, interest
or right by virtue of which he owns or occupies such land
or building or receives such rent (as the case may be) and
the name and address, and the estate, interest, or right (so
far as they are known to him) of every person who to his
knowledge has any estate or interest in or right over or in
respect of such land or building.

(2) Every person who is required under this section to
state in writing any matter or thing to the Central Authority
and either neglects so to state such matter or thing within
the time appointed under this section or when so stating any
such matter or thing makes any statement in writing which
is to his knowledge false or misleading in a material respect,
shall be liable, on summary conviction to a penalty not
exceeding one thousand dollars.

33. Any person authorized in writing stating the Power of entry
for inspection,

particular purpose or purposes for which the entry is etc.
authorized by the Central Authority or the Minister may
at all reasonable times on giving 24 hours notice to the
occupier and to the owner, if the owner is known, of his
intention, enter any house, premises, or buildings for the
purpose of inspecting the same and in particular-

(a) for the purpose of survey or valuation, in the
case of houses, premises, or buildings which are
authorized to be acquired compulsorily under this Act;
and

(6 ) for the purpose of survey and examination, in
the case of a house in respect of which a notice requiring

LAWS OF ANTIGUA AND BARBUDA

3 6 CAP. 404) Slum Clearance and Housing

the execution of works has been served, or a demoli-
tion order, or a clearance order, has been made; or

(c) for the purpose of survey and examination,
&here it appears to the Central Authority or the Minister
that survey or examination is necessary in order to
determine whether any powers under this Act should
be exercised in respect of the house, premises or
building.

Penalty for
obstructing

34. Any person who obstructs a medical officer,
execution of ~ ~ t . sanitary officer, or any officer of the Central Authority, or

any person authorized to enter houses, premises or buildings
in pursuance of this Act in the performance of anything which
such officer, Central Authority, or person is by this Act
required or authorized to do, shall be liable, on summary
conviction, to a fine not exceeding one thousand dollars.

Conditions to be
observed by

35. The Central Authority shall, in relation to the
Central Authority letting of houses observe the requirements specified in the
in letting houses. following provisions of this section-

(a) The Central Authority shall secure that in the
selection of their tenants a reasonable preference is given
to persons of the working class who are occupying
insanitary or overcrowded houses, have large families
or are living under unsatisfactory housing conditions
except so far as the demand for housing accommoda-
tion in any district on the part of such persons can be
satisfied without such reservation.

(b) In fixing rents the Central Authority shall take
into consideration the rents ordinarily payable by persons
of the working class in the locality, but may grant to
any tenant such rebates from rent, subject to such terms
or conditions, as they may think fit.

(c) The Central Authority shall from time to time
review rents and make such changes, either of rents
generally or of particular rents, and rebates (if any) as
circumstances may require.

(d) The Central Authority shall make it a term of
every letting that the tenant shall not assign, sub-let or
otherwise part with the possession of the premises, or
any part thereof except with the consent in writing of

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and Housing (CAP. 404 3 7

the Central Authority, and shall not give such consent
unless it is shown to their satisfaction that no payment
other than a rent which is in their opinion a reasonable
rent has been, or is to be, received by the tenant in
consideration of the assignment, sub-letting or other
transaction.

PART VIII

36. (1) All moneys of the Central Authority accru- Cash deposits
and payments.

ing from its operations under this Act shall be paid into some
bank or banks appointed by resolution of the Central
Authority, and such moneys shall, as far as practicable, be
paid into the bank from day to day, except such sum as the
accountant of the Central Authority may be authorized by
rules made under section 37 to retain in his hands to meet
petty disbursements for immediate payments.

(2) All payments out of the funds of the Central
Authority except petty disbursements not exceeding a sum
to be fixed by rules made under section 37, shall be made
by the accountant of the Central Authority or on his behalf
by any other officer appointed by the Central Authority, in
accordance with any such rules.

(3) Cheques against any banking account required to
be kept or withdrawals from any savings bank account shall
be signed by the accountant of the Central Authority and
countersigned by the secretary or any member of the Central
Authority or any officer of the Central Authority appointed
by resolution of the Central Authority for the purpose, and
any such resolution shall be certified by the chairman and
forwarded to the banks concerned.

37. The Central Authority shall by resolution make Rules.
rules in respect of the following matters-

(a) the manner in which and the officers by whom
payments are to be approved;

( b ) the bank or banks into which the moneys of
the Central Authority are to be paid, the title of any
account with any such bank, and the transfer of one
fund from one account to another;

LAWS OF ANTIGUA AND BARBUDA

3 8 CAP. 404) Slum Clearance and Housing

(c) the appointment of a member of the Central
Authority or officer of the Central Authority to counter-
sign cheques on behalf of the secretary or in the absence
.of the secretary;

(d) the sum to be retained by the accountant of
the Central Authority to meet petty disbursements and
immediate payments and the maximum sum that may
be so disbursed for any one payment;

(e) the method to be adopted in making payments
out of the funds of the Central Authority;

Cf) generally as to all matters necessary for the
proper keeping and control of the accounts and books
and the control of the finance of the Central Authority.

Power to borrow. 38. (1) The Central Authority may from time to
time, with the approval of the Minister responsible for
finance, borrow, secure or raise money by the issue of deben-
tures or debenture stock, or other security, for all or any
of the following purposes:-

(a ) the provision of working capital;

( 6 ) the fulfilling of the functions of Central Autho-
rity under this Act;

(c) the provision of capital for the expansion of,
and addition to, its fixed assets;

(d) the redemption of any debenture or debenture
stock or other security that the Central Authority is
required or entitled to redeem;

(e) any other expenditure properly chargeable to
capital account.

(2) The Central Authority may, from time to time,
borrow by way of overdraft or otherwise such sums as the
Central Authority may require for meeting its obligations
and discharging its functions under this Act.

Accounts to be 39. The Central Authority shall keep such accounts
kept.

of receipts and expenses as may be prescribed by the Director
of Audit or such other auditor as may be approved by the
Minister.

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and Housinf (CAP. 404

40. All accounts kept by the Central Authority shall * ~ ~ a ) ~ l n t s open 1.
Ins c ~ t i n ~ i and be audited annually by the Director of Audit or such otkcr .,,&,:

auditor as may be approved by the Minister, who shall l ~ a v c
the right of inspection thereof at all reasonable times.

PART IX

41. For the purposes of co-operating with the Central :;trc,
Authority in the preparation or the carrying into effect of to
a scheme, any public department or Local Authority may, ;:;n;;;;:' $th
subject to the approval of the Minister, enter into agreements ,,he,,,,
for securing that any land which is under their control, or
which is in their occupation or vested in them for public
purposes or for the public service, shall, so far as may be
provided by any such agreement, be laid out and used in
conformity with the general objects of the scheme, and any
agreement so made may contain such consequential and
incidental provisions, including provisions of a financial
character, as appear to be necessary or desirable having
regard to the contents or proposed contents of the scheme.

42. Where any person is willing to agree with the I;;;;r;:cztrrl
Central Authority that his land, or any part thereof, shall, .,,,,, ,, ..,,,
so far as his interest in the land enables him to bind it, be inlo agreement*

restricting usc o f
made subject either permanently or for a specified period, land,
to conditions restricting the planning, development, or use
thereof in any manner, the Central Authority may, if they
think fit, enter into an agreement with him to that effect.

43. (1) Any notice, summons, writ or other pro- scrvicc or
notices, ctc., on ceeding at law or otherwise required to be served on the central

Central Authority for any of the purposes of this Act may Authority.
be served upon them by delivering it to their secretary, or
by leaving it at their office with some person employed there,
or by sending it by post in a registered letter addressed to
the Central Authority or their secretary at their office.

(2) Subject to the provisions of subsection (1) any notice,
order, or other document required or authorized to be served
under this Act may be served either-

( a ) by delivering it to the person on whom it is
to be served: or

LAWS OF ANTIGUA AND BARBUDA

10 CAP. 404) Slum Clearance and Housing

(6 ) by leaving it at the usual or last known place
of abode of that person; or

(c) by sending it in a prepaid letter addressed to
tfiat person at his usual or last known place of abode; or

(d) in the case of an incorporated company or body
by delivering it to the secretary or clerk of the company
or body at their registered or principal office or sending
it in a prepaid letter addressed to the secretary or clerk
of the company or body at that office; or

( e ) if it is not practicable after reasonable inquiry
to ascertain the name or address of any person on whom
it should be served, by addressing it to him by the
description of "owner" or "lessee" or "occupier" (or
as the case may be) of the premises (naming them) to
which it relates, and by delivering it to some person
on the premises or if there is no person on the premises
to whom it can be delivered, by affixing it, or a copy
of it, to some conspicuous part of the premises.

Summary
procedure.

44. (1) Where any application is made under this Act
to a Judge, the Judge may summon the parties to appear
before him at a time and place to be named in the summons
and upon the appearance of such parties, or in the absence
of any of them, upon proof of the due service of the sum-
mons, may hear and determine the question at issue and
the amount of any compensation, and for that purpose
examine such parties or any of them and their witnesses upon
oath, and the costs of every such inquiry shall be at his dis-
cretion and he shall settle the amount thereof.

(2) There shall be a right of appeal to a Judge in
Chambers from any decision of a Magistrate:

Provided the appeal is entered within fifteen days of
the date of such decision.

Regulations. 45. ( 1 ) The Central Authority, with the approval of
the Minister may make regulations relating to the following
matters-

(a) fixing and from time to time varying the
number of persons who may occupy a dwelling house
which is let by the Central Authority;

LAWS OF ANTIGUA AND BARBUDA

Slum Clearance and Housing (CAP. 404 4 1

(b) the use of the dwellings let by the Ccntral
Authority with a view to the prevention of nuisances
and sanitary defects;

(c) the inspection of houses and land vested in the
Central Authority;

(6) the time, place and manner for the payment
of moneys payable under this Act;

(e) the books and accounts to be kept by the Cen-
tral Authority;

(f) prescribing the forms of mortgages, charges,
discharge of mortgage, leases and other instruments;

Cp-) prescribing the time when and the manner in
which objections or representations to a scheme may
be made by a Local Authority; and

( h ) generally, for regulating the administration of
the Central Authority and for the purpose of carrying
out the provisions of this Act.

(2) Regulations made under this section shall have no
force or effect until they have been approved by the House
of Representatives.

LAWS OF ANTIGUA AND BARBUDA

42 C A P . 404) Slum Clearance and Housing

SCHEDULE S. 29(1).

The Slum Clearance and Housing Act

In 'the Magistrate's Court, District.. ...................................
TO the Bailzff of the Magistrate's Court District ..............................

WHEREAS (set forth the complaint) ..................................

I,. ......................................................... Magistrate of the
said District in Antigua and Barbuda do authorise and command
you, on any day within ..................................... days from the
date hereof (except on Sunday or any public holiday) between the
hours of eight in the forenoon and five in the afternoon, to enter
(by force, if needful) with or without the aid of any other person or
persons whom you &ay think requisite to call to your assistance into
and upon the said premises and to eject thereout any person, and
of the said premises full and peaceable possession to deliver to the
Central Housing and Planning Authority.

Given under my hand this.. .................. day of.. ..................
19.. .....

Magistrate.

District .................................