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Housing Act 1955


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Housing Act 1955

c i e
AT 5 of 1955

HOUSING ACT 1955

Housing Act 1955 Index


c AT 5 of 1955 Page 3

c i e
HOUSING ACT 1955

Index Section Page

PART I – PROVISIONS FOR SECURING THE REPAIR,

MAINTENANCE AND SANITARY CONDITION OF HOUSES 9

Duty of Local Authority in regard to Inspection of Houses 9

1 Duty of Local Authority to inspect their district and keep records ......................... 9
2 and 3 [Repealed] ........................................................................................................... 10
Repair, Demolition and Closing of Insanitary Premises 10

4 Power of local authority to require repair of insanitary house .............................. 10
4A House in disrepair ........................................................................................................ 10
5 [Repealed] ...................................................................................................................... 11
6 Power of local authority to order demolition of insanitary house ........................ 11
7 Power to make a closing order as to part of a building ........................................... 12
8 Procedure where demolition order made ................................................................. 13
9 Penalty for using premises in contravention of closing order or of an
undertaking ................................................................................................................... 14
10 Closing orders in respect of certain buildings .......................................................... 15
11 Appeals .......................................................................................................................... 16
12 Power of local authority to acquire and repair certain houses............................... 17
13 Power of local authority to cleanse vermin from building to which
demolition order applies ............................................................................................. 17
General 18

14 Power of local authority to make allowances to certain persons displaced ......... 18
15 Provisions for protection of owners of houses ......................................................... 18
16 Application of certain provisions of Part I to temporary shelters ......................... 19
PART II – CLEARANCE AND RE-DEVELOPMENT 19

Clearance Areas 19

17 Power to declare an area to be a clearance area ....................................................... 19
18 [Repealed] ...................................................................................................................... 20
19 Purchase by local authority of land surrounded by, or adjoining, a
clearance area ................................................................................................................ 20
Index Housing Act 1955


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20 Provisions with respect to property belonging to a local authority within,
surrounded by or adjoining, a clearance area .......................................................... 20
21 Purchase of land in a clearance area .......................................................................... 21
22 Treatment of a clearance area ..................................................................................... 21
23 [Repealed] ...................................................................................................................... 22
24 Provision as to expenses of persons opposing orders ............................................. 22
25 Obligations of local authority with respect to re-housing ...................................... 22
26 Extinguishment of ways, easements, etc, over land purchased under Part
II ...................................................................................................................................... 22
27 Provisions as to apparatus of statutory undertakers in land dealt with by
local authority under the Housing Acts .................................................................... 23
PART III – ABATEMENT OF OVERCROWDING 25

28 Definition of overcrowding ........................................................................................ 25
29 Offences in relation to overcrowding ........................................................................ 26
30 Information and certificates with respect to the permitted number ..................... 27
31 Information as to rights and duties as respects overcrowding .............................. 27
32 Duty of landlord to inform local authority of overcrowding ................................ 28
33 [Repealed] ...................................................................................................................... 28
34 Enforcement of Part III ................................................................................................ 28
35 Definitions for purposes of Part III ............................................................................ 29
36 This Part not to apply to hotels, boarding or lodging houses during the
summer months ............................................................................................................ 29
36A Exemption for certain flats .......................................................................................... 30
PART IV – PROVISION OF HOUSING ACCOMMODATION 30

General Powers and Duties of Local Authorities 30

37 Duty of local authorities periodically to review housing conditions in their
areas and to frame proposals ...................................................................................... 30
38 Mode of provision of accommodation ...................................................................... 30
39 Power of local authority to acquire land for provision of accommodation ......... 31
40 Mode of acquisition of land for provision of accommodation .............................. 32
41 Restrictions as to compulsory acquisition of land for purposes of Part IV .......... 32
42 Appropriation of land for provision of accommodation ........................................ 32
43 Powers of dealing with land acquired or appropriated for provision of
accommodation ............................................................................................................ 32
44 Supplementary powers in connection with provision of accommodation .......... 34
45 Execution of works in connection with housing operations by local
authority outside its own area .................................................................................... 34
46 Adjustment of differences between local authorities as to carrying out
proposals ....................................................................................................................... 35
Management, etc, of Local Authority’s Houses 35

47 Management of local authority’s houses .................................................................. 35
47A Housing revenue account and estimates .................................................................. 35
48 Byelaws for regulation of local authority’s houses.................................................. 36
Housing Act 1955 Index


c AT 5 of 1955 Page 5

49 Conditions to be observed in management of local authority’s houses ............... 36
Miscellaneous 36

50 Power of Boards to provide houses for their employees ........................................ 36
51 Power of corporate bodies to sell or let land for housing purposes ...................... 36
51A [Repealed] ...................................................................................................................... 37
PART V – FINANCIAL PROVISIONS 37

Government Contributions 37

52 Government contributions towards provision of accommodation ....................... 37
53 Power to surcharge authority of town or village district who fail to
exercise powers ............................................................................................................. 37
54 Failure of local authority of parish district to exercise powers .............................. 37
55 Time and manner of payment of Government contributions ................................ 38
56 Power to withhold certain Government contributions in event of default .......... 38
Expenses of Local Authorities 38

57 Expenses of a local authority....................................................................................... 38
Borrowing 38

58 Power of local authorities to borrow for purposes of Act ....................................... 38
59 Borrowing in connection with operations carried out by local authority
outside its own area ...................................................................................................... 39
Capital Moneys 39

60 Application of purchase money.................................................................................. 39
PART VI – SALE OF HOUSES BY DEPARTMENT AND LOCAL

AUTHORITIES 40

61 Regulations .................................................................................................................... 40
62 Sale of houses by Department ..................................................................................... 40
63 Sale of houses by local authorities .............................................................................. 40
PART VII – GENERAL 41

Re-Housing 41

Provisions as to Acquisition, etc of Land 41

64 Protection for amenities of locality, etc ...................................................................... 41
65 Power of entry on land acquired ................................................................................ 41
66 Power of local authorities to enforce covenants against owner for the time
being of land .................................................................................................................. 42
67 Donations for housing purposes ................................................................................ 42
68 Buildings situated in districts of more than one local authority ............................ 42
69 Official representations ................................................................................................ 42
Recovery of Possession, Entry, etc 43

70 Recovery of possession of buildings subject to demolition or clearance
order ............................................................................................................................... 43
71 [Repealed] ...................................................................................................................... 44
Index Housing Act 1955


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72 Power of entry for inspection, etc .............................................................................. 44
73 Penalty for obstructing execution of Act ................................................................... 44
74 Penalty for preventing execution of repairs, etc ...................................................... 44
Powers of the Court for Housing Purposes 45

75 Power of court to determine lease where premises demolished ........................... 45
76 Power of court to authorise owner to execute works on default of another
owner ............................................................................................................................. 46
77 Power of court to authorise execution of works on unfit premises or for
improvement ................................................................................................................. 46
Notices, Orders, etc 47

78 Authentication of orders, notices, etc ........................................................................ 47
79 Authentication of certificates ...................................................................................... 47
80 to 82 [Repealed] ............................................................................................................ 47
83 Power of Department in the event of default of local authority ............................ 47
84 Provisions as to exercise by Department of powers of a local authority ............. 48
85 Power to vary and revoke certain orders relating to defaults ............................... 48
General Powers 48

86 Power of relevant Department to prescribe forms and to dispense with
advertisements and notices ......................................................................................... 48
87 Regulations to be laid before and approved by Tynwald ...................................... 49
88 Inquiries and Orders .................................................................................................... 49
89 Power of Department to obtain a report on any crowded area ............................. 49
90 [Repealed] ...................................................................................................................... 50
PART VIII - SUPPLEMENTAL 50

91 Powers of Act to be cumulative.................................................................................. 50
92 Interpretation ................................................................................................................ 50
93 Savings ........................................................................................................................... 52
94 [Repealed] ...................................................................................................................... 53
95 Short title and construction ......................................................................................... 53
96 Commencement ............................................................................................................ 53
FIRST SCHEDULE 55

SECOND SCHEDULE 55
THIRD SCHEDULE 55

FOURTH SCHEDULE 55

ANNEX 55
FIFTH SCHEDULE 56

ENDNOTES 57

TABLE OF LEGISLATION HISTORY 57
Housing Act 1955 Index


c AT 5 of 1955 Page 7

TABLE OF RENUMBERED PROVISIONS 57
TABLE OF ENDNOTE REFERENCES 57

Housing Act 1955 Section 1


c AT 5 of 1955 Page 9

c i e
HOUSING ACT 1955

Received Royal Assent: 31 May 1955
Passed: 21 June 1955
Commenced: 21 June 1955
AN ACT
to consolidate and revise the Housing Acts, 1924 to 1928, and the
Housing Act, 1936.
GENERAL NOTES

1. The maximum fines in this Act are as increased by the Housing (Miscellaneous
Provisions) Act 1976 Sch 5, by the Fines Act 1986 and by the Criminal Justice (Penalties,
Etc.) Act 1993 s 1.
2. References to the Treasurer are to be construed in accordance with the Treasury
Act 1985 s 7.
3. References to any Division or Jurisdiction of the High Court are to be construed
as references to the High Court in accordance with the High Court Act 1991 Sch 4.
4. References to a Board of Tynwald are to be construed in accordance with the
Government Departments Act 1987 s 7.
5. References to a medical officer of health, see Local Government Act 1985 s 1.
6. Neither the modifications made to Part IV of this Act by the Housing
(Miscellaneous Provisions) Act 1976 Sch 1 nor the modifications made to Parts I, II and III
of this Act by the Local Government (Miscellaneous Provisions) Act 1984 Sch 3, are shown
or annotated in this version.
PART I – PROVISIONS FOR SECURING THE REPAIR,

MAINTENANCE AND SANITARY CONDITION OF HOUSES

Duty of Local Authority in regard to Inspection of Houses
1 Duty of Local Authority to inspect their district and keep records

[E1936/5]
It shall be the duty of every local authority to cause an inspection of their
district to be made from time to time with a view to ascertaining whether any
Section 4 Housing Act 1955


Page 10 AT 5 of 1955 c

house therein is unfit for human habitation, and for that purpose it shall be the
duty of the authority, and of every officer of the authority, to comply with such
regulations and to keep such records as the Department of Environment, Food
and Agriculture may prescribe.1

2 and 3 [Repealed]
2

Repair, Demolition and Closing of Insanitary Premises
4 Power of local authority to require repair of insanitary house

[E1936/9; M1936/18]
(1) Where a local authority, upon consideration of an official representation,
or a report from any of their officers, or other information in their
possession, are satisfied that any house is in any respect unfit for human
habitation, they shall, unless they are satisfied that it is not capable at a
reasonable expense of being rendered so fit, serve upon the person
having control of the house a notice requiring him, within such
reasonable time, not being less than twenty-one days, as may be
specified in the notice, to execute the works specified in the notice and
stating that, in the opinion of the authority, those works will render the
house fit for human habitation.
(2) In addition to serving a notice under this section on the person having
control of the house, the local authority may serve a copy of the notice on
any other person having an interest in the house, whether as freeholder,
mortgagee, lessee, or otherwise.
(3) In determining for the purposes of this Part of this Act whether a house
can be rendered fit for human habitation at a reasonable expense, regard
shall be had to the estimated cost of the works necessary to render it so
fit and the value which it is estimated that the house will have when the
works are completed.
(4) For the purposes of this Part of this Act, the person who receives the
rack-rent of a house, whether on his own account or as agent or trustee
for any other person, or who would so receive it if the house were let at a
rack-rent, shall be deemed to be the person having control of the house.
In this subsection the expression “rack-rent” means rent which is not less
than two-thirds of the full net annual value of the house.
4A House in disrepair

(1) Where a local authority are satisfied —
(a) that a house is in such a state of disrepair that, although not unfit
for human habitation, substantial repairs are necessary to bring it
Housing Act 1955 Section 5


c AT 5 of 1955 Page 11

up to a reasonable standard, having regard to its age, character
and locality; or
(b) on a representation made by an occupier, that a house is in such a
state of disrepair that, although not unfit for human habitation, its
condition is such as to interfere materially with the personal
comfort of the occupier,
they may serve upon the person having control of the house a notice
requiring him, within such reasonable time, not being less than 21 days,
as is specified in the notice, to execute the works specified in the notice,
not being works of internal decorative repair.
(2) In addition to serving a notice under this section on the person having
control of the house, the local authority may serve a copy of the notice on
any other person having an interest in the house, whether as freeholder,
mortgagee, lessee or otherwise.
(3) In this section, in relation to a house —
“occupier” means any person (other than an owner-occupier) who occupies or
is entitled to occupy the house or any part of it as a dwelling;
“owner-occupier” means a person who is entitled to occupy the house by virtue
of an interest in the house other than a tenancy granted for a term not
exceeding 21 years.3

5 [Repealed]
4

6 Power of local authority to order demolition of insanitary house

[E1936/11; M1936/20]
(1) Where a local authority, upon consideration of an official representation,
or a report from any of their officers, or other information in their
possession, are satisfied that any house is unfit for human habitation and
is not capable at a reasonable expense of being rendered so fit, they shall
serve upon the person having control of the house, upon any other
person who is an owner thereof, and, so far as it is reasonably practicable
to ascertain such persons, upon every mortgagee thereof, notice of the
time (being some time not less than twenty-one days after the service of
the notice) and place at which the condition of the house and any offer
with respect to the carrying out of works, or the future user of the house,
which he may wish to submit will be considered by them, and every
person upon whom such a notice is served shall be entitled to be heard
when the matter is so taken into consideration.
(2) A person upon whom notice is served under the foregoing subsection
shall, if he intends to submit an offer with respect to the carrying out of
works, within twenty-one days from the date of the service of the notice
upon him, serve upon the authority notice in writing of his intention to
make such an offer and shall, within such reasonable period as the
Section 7 Housing Act 1955


Page 12 AT 5 of 1955 c

authority may allow, submit to them a list of the works which he offers
to carry out.
(3) The authority may if, after consultation with any owner or mortgagee,
they think fit so to do, accept an undertaking from him, either that he
will within a specified period carry out such works as will in the opinion
of the authority render the house fit for human habitation, or that it shall
not be used for human habitation until the authority, on being satisfied
that it has been rendered fit for that purpose, cancel the undertaking.
(4) If no such undertaking as is mentioned in the last foregoing subsection is
accepted by the authority, or if, in a case where they have accepted such
an undertaking, any work to which the undertaking relates is not carried
out within the specified period, or the house is at any time used in
contravention of the terms of the undertaking, the authority shall
forthwith make a demolition order requiring that the house shall be
vacated within a period to be specified in the order, not being less than
twenty-eight days from the date on which the order becomes operative,
and that it shall be demolished within six weeks after the expiration of
that period or, if the house is not vacated before the expiration of that
period, within six weeks after the date on which it is vacated, or in either
case within such longer period as in the circumstances the local authority
deem it reasonable to specify, and shall serve a copy of the order upon
every person upon whom they would be required by subsection (1) of
this section to serve a notice issued by them under that subsection.
7 Power to make a closing order as to part of a building

[E1936/12; M1936/21]
(1) A local authority may under this Part of this Act take the like
proceedings in relation to any part of a building which is used or is
suitable for use as a dwelling or in relation to any underground room
which is for the purposes of this section to be deemed to be unfit for
human habitation, as they are empowered to take in relation to a house,
subject, however, to this qualification that, in circumstances in which, in
the case of a house, they would have made a demolition order, they shall
make a closing order prohibiting the use of the part of the building or of
the room, as the case may be, for any purpose other than a purpose
approved by the local authority, but —
(a) the approval of the authority shall not be unreasonably withheld;
and
(b) the authority shall determine the closing order on being satisfied
that the part of the building or the room to which it relates has
been rendered fit for human habitation.
(2) A room the surface of the floor of which is more than three feet below the
surface of the part of the street adjoining or nearest to the room, or more
than three feet below the surface of any ground within nine feet of the
Housing Act 1955 Section 8


c AT 5 of 1955 Page 13

room, shall for the purposes of this section be deemed to be unfit for
human habitation, if either —
(a) the average height of the room from floor to ceiling is not at least
seven feet; or
(b) the room does not comply with such regulations as the local
authority with the consent of the Department of Environment,
Food and Agriculture may prescribe for securing the proper
ventilation and lighting of such rooms, and the protection thereof
against dampness, effluvia, or exhalation.5

Provided that, if the local authority, after being required to do so by the
Department of Environment, Food and Agriculture, fail to make
regulations, or such regulations as Department of Environment, Food
and Agriculture approves, the Department of Environment, Food and
Agriculture may itself make regulations which shall have effect as if they
had been made by the local authority with the consent of the Department
of Environment, Food and Agriculture.6

8 Procedure where demolition order made

[E1936/13; M1936/22]
(1) When a demolition order under this Part of this Act has become
operative, the owner or owners of the house to which it applies shall
demolish that house within the time limited in that behalf by the order;
and, if the house is not demolished within that time, the local authority
shall enter and demolish the house and sell the materials thereof.
(2) Any expenses incurred by an authority under the foregoing subsection,
after giving credit for any amount realised 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 judge may determine to be just and equitable; and any
owner who pays to the authority the full amount of their claim may in
the like manner recover from any other owner such contribution, if any,
as the judge may determine to be just and equitable.
(3) Any surplus in the hands of the 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 authority shall be
deemed by virtue of this subsection to be trustees of the surplus for the
owners of the house, and shall pay the same into court, and the court
shall determine the division of the surplus.
(4) A judge, 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 respective interests in the house, their respective obligations and
Section 9 Housing Act 1955


Page 14 AT 5 of 1955 c

liabilities in respect of maintenance and repair under any covenant or
agreement, whether expressed or implied, and all the other
circumstances of the case.
9 Penalty for using premises in contravention of closing order or of an

undertaking

[E1936/14; M1936/22(2)]
(1) Any person who, knowing that a closing order has become operative and
applies to any premises, or that an undertaking has been given under
this Part of this Act that any premises shall not be used for certain
purposes specified in the undertaking, uses those premises in
contravention of the order or undertaking, or permits them to be so used,
shall on summary conviction be liable to a fine not exceeding £5,000.
(2) This subsection applies where an offence under subsection (1) is
committed by a body corporate (“A”) and it is proved that the offence —
(a) was committed with the consent or connivance of a connected
person; or
(b) was attributable to neglect on the part of a connected person.7

(3) The connected person, as well as A, shall be guilty of the offence.8

(4) If a connected person is convicted of an offence under this Act by virtue
of this section, that person shall be liable to the same penalty as the
body.9

(5) In this section —
“associate” means, in relation to any person —
(a) the spouse, civil partner, son, step-son, daughter or step-daughter
of that person;
(b) a body corporate in respect of which that person is a connected
person;
(c) a person who is an employee or partner of that person;
(d) if that person is a body corporate —
(i) any director of that body;
(ii) any subsidiary of that body;
(iii) any holding company of that body;
(iv) any subsidiary of that holding company;
(v) any director or employee of any such holding company or
subsidiary;
“connected person” means —
(a) an officer of A;
(b) a controller of A;
Housing Act 1955 Section 10


c AT 5 of 1955 Page 15

(c) if the affairs of A are managed by its members, a member of A;
(d) in relation to a limited liability company constituted under the
Limited Liability Companies Act 1996, a member, the company’s
manager, or registered agent;
“controller” means —
(a) a director of a body corporate of which A is either a holding
company or a subsidiary;
(b) a person who either alone or with any associate is entitled to
exercise or control the exercise of 15% or more of the voting
power at any general meeting of A or of another body corporate
of which it is a holding company or a subsidiary;
“manager” includes a person who, under the immediate authority of a director,
exercises managerial functions in respect of the business of A;
“officer” includes —
(a) a director, manager or secretary;
(b) a person purporting to act as a director, manager or secretary;
(c) any person occupying the position of director by whatever name
called;
(d) any person in accordance with whose directions or instructions
one or more of the directors are accustomed to act unless the
director or directors are accustomed so to act by reason only that
they do so on advice given by that person in a professional
capacity.10

10 Closing orders in respect of certain buildings

[1953/10]
(1) In any case where a local authority would be required, apart from this
section, to make a demolition order under section six of this Act in
respect of a house, the authority may, if they consider it inexpedient to
make such an order having regard to the effect of the demolition of that
house upon any other house or building, in lieu of making such an order
make a closing order prohibiting the use of the house for any purpose
other than a purpose approved by the local authority.
(2) A local authority by whom a closing order is made under this section
shall serve a copy of the order upon every person upon whom they
would be required to serve it if it were a demolition order made under
the said section six.
(3) Where a closing order has been made by a local authority under this
section in respect of a house, the authority may at any time revoke that
order and make a demolition order under the said section six without
further compliance with the provisions of subsections (1) to (3) of that
section.
Section 11 Housing Act 1955


Page 16 AT 5 of 1955 c

(4) The following provisions of this Act, that is to say —
(a) so much of subsection (1) of section seven as directs that the
approval of the local authority shall not be unreasonably withheld
and provides for the determination of a closing order;
(b) section nine (which imposes a penalty for using premises in
contravention of a closing order);
(c) section eleven (which relates to appeals to the court against
notices, demands and orders);
(d) section fourteen (which enables local authorities to pay
allowances to persons displaced from premises to which closing
orders apply);
(e) section fifteen (which contains provisions for the protection of
owners of houses); and
(f) section seventy-one (which provides for the recovery of
possession of premises subject to closing orders),
shall have effect in relation to a closing order made under this section
and to a house to which such an order applies as they have effect in
relation to a closing order under the said section seven and to a part of a
building to which such an order applies.
(5) Section seventy-five of this Act (which empowers the court to determine
or vary a lease of premises in respect of which a demolition order has
become operative) shall have effect in relation to a closing order under
this section which has become operative and to a house to which such an
order applies as it has effect in relation to a demolition order which has
become operative and to a house to which such an order applies.
11 Appeals

(1) Any person aggrieved by —
(a) demolition order or closing order under this Part, or
(b) the refusal to determine a closing order, or
(c) the withholding of approval of the use for any purpose of
premises the subject of a closing order,
may appeal to a court of summary jurisdiction against the order or
decision.
(2) No appeal under subsection (1)(a) or (b) shall lie at the instance of a
person in occupation of the premises to which the order relates under a
lease or agreement of which the unexpired term does not exceed 3 years.
(3) On an appeal under this section the court may accept from the appellant
any such undertaking as might have been accepted by the local
authority, except that an undertaking within section 6(3) may not be
accepted unless the appellant has complied with section 6(2).
Housing Act 1955 Section 12


c AT 5 of 1955 Page 17

(4) An undertaking accepted under subsection (3) shall have the like effect
as if it had been given to and accepted by the local authority.
(5) Where the High Bailiff under section 58 of the Local Government Act 1985
allows an appeal against a notice under this Part requiring the execution
of works to a house, he shall, if requested by the local authority to do so,
include in his decision a finding whether the house can or cannot be
rendered fit for human habitation at a reasonable expense.11

12 Power of local authority to acquire and repair certain houses

[E1936/16; M1936/24]
(1) Where a person has appealed against a notice under this Part of this Act
requiring the execution of works to a house, and the judge or court in
allowing the appeal has found that the house can not be rendered fit for
human habitation at a reasonable expense, the local authority may
purchase that house by agreement, or, subject to subsection (2),
compulsorily, and, if they purchase the house compulsorily, they shall
forthwith execute all such works as were specified in the notice against
which the appeal was brought.12

(2) If a person being an owner or mortgagee of a house the subject of a
notice under this Part undertakes to carry out, to the satisfaction of the
Department of Environment, Food and Agriculture and within such
period as the Department of Environment, Food and Agriculture may
fix, the works specified in the notice, the local authority may not
purchase the house compulsorily unless he fails to fulfil that
undertaking.13

(3) [Repealed]14

13 Power of local authority to cleanse vermin from building to which

demolition order applies

[E1936/17]
(1) If it appears to the local authority that a house, to which a demolition
order made under this Part of this Act applies, requires to be cleansed
from vermin, the authority may, at any time between the date on which
the order is made, and the date on which it becomes operative in relation
to the house, serve notice in writing on the owner or owners of the house
that the authority intend to cleanse it before it is demolished.
(2) A local authority who have served a notice under the foregoing
subsection may, at any time after the order has become operative in
relation to the house and it has been vacated, enter and carry out such
work as they may think requisite for the purpose of destroying or
removing vermin, and the demolition of the building shall not be begun
or continued by any owner after service of the notice on him until the
Section 14 Housing Act 1955


Page 18 AT 5 of 1955 c

authority have served on him a further notice authorising him to proceed
with the demolition:
Provided that an owner upon whom a notice has been served under the
foregoing subsection may, at any time after the house has been vacated, serve
notice in writing on the authority requiring them to carry out the work within
fourteen days from receipt of the notice served by him, and at the expiration of
that period shall be at liberty to proceed with the demolition of the building
whether the work has then been completed or not.
(3) Where a local authority serve a notice under subsection (1) of this
section, subsection (1) of section eight of this Act shall have effect in
relation to the house to which the notice relates subject to the proviso
that the local authority shall not be entitled to take action thereunder
until the expiration of six weeks from the date on which the owner or
owners become entitled by virtue of subsection (2) of this section to
proceed with the demolition.
General
14 Power of local authority to make allowances to certain persons

displaced

[E1936/18]
A local authority may pay to any person displaced from a house, to which a
demolition order made under this Part of this Act, or a closing order, applies,
such reasonable allowance as they think fit towards his expenses in removing,
and to any person carrying on any trade or business in any such house they
may pay also such reasonable allowance as they think fit towards the loss
which, in their opinion, he will sustain by reason of the disturbance of his trade
or business consequent on his having to quit the house, 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 business and the availability of other premises suitable for that
purpose.
15 Provisions for protection of owners of houses

[E1936/19]
(1) If an owner of any house, who is not the person in receipt of the rents
and profits thereof, gives notice to the local authority of his interest in the
house, the authority shall give to him notice of any proceedings taken by
them in pursuance of this Part of this Act in relation to the house.
(2) Nothing in this Part of this Act shall prejudice or interfere with the right
or remedies of any owner for the breach, non-observance, or non-
performance of any covenant or contract entered into by a tenant or
lessee in reference to any house in respect of which an order is made, or a
notice requiring the execution of works is served, by a local authority
Housing Act 1955 Section 16


c AT 5 of 1955 Page 19

under this Part of this Act; and if any owner is obliged to take possession
of a house in order to comply with any such order or notice, the taking
possession shall not affect his right to avail himself of any such breach,
non-observance, or non-performance which has occurred before he so
took possession.
16 Application of certain provisions of Part I to temporary shelters

[E1936/23]
In sections four to thirteen of this Act references to a house include a reference
to a hut, tent, caravan or other temporary or moveable form of shelter which is
used for human habitation and has been in the same enclosure for a period of
two years next before action is taken under those sections.
PART II – CLEARANCE AND RE-DEVELOPMENT

Clearance Areas
17 Power to declare an area to be a clearance area

[E1936/25; M1936/3]
(1) Where a local authority, upon consideration of an official representation
or other information in their possession, are satisfied as respects any area
in their district —
(a) that the houses in that area are by reason of disrepair or sanitary
defects unfit for human habitation, or are by reason of their bad
arrangement, or the narrowness or bad arrangement of the streets,
dangerous or injurious to the health of the inhabitants of the area,
and that the other buildings, if any, in the area are for a like
reason dangerous or injurious to the health of the said inhabitants;
and
(b) that the most satisfactory method of dealing with the conditions
in the area is the demolition of all the buildings in the area;
the authority shall cause that area to be defined on a map in such manner
as to exclude from the area any building which is not unfit for human
habitation or dangerous or injurious to health and shall pass a resolution
declaring the area so defined to be a clearance area, that is to say, an area
to be cleared of all buildings in accordance with the subsequent
provisions of this Part of this Act:
Provided that, before passing any such resolution, the authority shall
satisfy themselves —
(i) that, in so far as suitable accommodation available for the
persons who will be displaced by the clearance of the area
does not already exist, the authority can provide, or secure
Section 18 Housing Act 1955


Page 20 AT 5 of 1955 c

the provision of such accommodation in advance of the
displacements which will from time to time become
necessary as the demolition of buildings in the area, or in
different parts thereof, proceeds; and
(ii) that the resources of the authority are sufficient for the
purpose of carrying the resolution into effect.
(2) A local authority shall forthwith transmit to the Department and the
Department of Environment, Food and Agriculture a copy of any
resolution passed by them under this section, together with a statement
of the number of persons who on a day specified in the statement were
occupying the buildings comprised in the clearance area.15

(3) So soon as may be after a local authority have declared any area to be a
clearance area, they shall, in accordance with the appropriate provisions
hereafter in this Act contained, proceed to secure the clearance of the
area by purchasing the land comprised in the area and themselves
undertaking, or otherwise securing, the demolition of the buildings
thereon.
18 [Repealed]
16

19 Purchase by local authority of land surrounded by, or adjoining, a

clearance area

[E1936/27; M1936/5]
Where as respects any area declared by them to be a clearance area a local
authority determine to purchase any land comprised in the area, they may
purchase also any land which is surrounded by the clearance area and the
acquisition of which is reasonably necessary for the purpose of securing a
cleared area of convenient shape and dimensions, and any adjoining land the
acquisition of which is reasonably necessary for the satisfactory development or
user of the cleared area.
20 Provisions with respect to property belonging to a local authority

within, surrounded by or adjoining, a clearance area

[E1936/28; M1936/6]
A local authority may include in a clearance area any land belonging to them
which they might have included in such an area if it had not belonged to them,
and where any land of the authority is included in a clearance area or, being
land surrounded by or adjoining a clearance area, might have been purchased
by the authority under the last foregoing section had it not previously been
acquired by them, the provisions of this Act shall apply in relation to that land
as if it had been purchased by the authority as being land comprised in the
clearance area or, as the case may be, as being land surrounded by or adjoining
the clearance area.
Housing Act 1955 Section 21


c AT 5 of 1955 Page 21

21 Purchase of land in a clearance area

[E1936/29; M1936/14]
(1) Where a local authority have determined to purchase under this Part of
this Act land comprised in, or surrounded by or adjoining, a clearance
area, they may purchase that land by agreement, or compulsorily.17

(2) [Repealed]18

(3) A resolution of a local authority declaring an area to be a clearance area
shall cease to apply to land comprised in, or surrounded by, or adjoining
such clearance area in the following cases —
(i) where the local authority shall not have purchased such
land by agreement or sought confirmation and approval of
a compulsory purchase order in respect thereof within the
period specified in subsection two of this section;
(ii) where an application to Tynwald for authority to acquire
land compulsorily is refused.19

(4) No land to which the provisions of subsection (3) of this section shall
apply shall, without the prior consent of the Department and the
Department of Environment, Food and Agriculture, be included in any
subsequent resolution of a local authority pursuant to section seventeen
of this Act within ten years from the date on which such local authority
shall have previously passed such a resolution relating to such land. The
provisions of this Part of the Act shall apply to land included in any such
subsequent resolution of a local authority notwithstanding that consent
of both of the Departments in terms of this subsection has been
obtained.20

22 Treatment of a clearance area

[E1936/30; M1936/7]
(1) A local authority who have under this Part of this Act purchased any
land comprised in, or surrounded by, or adjoining, a clearance area shall,
so soon as may be, cause every building thereon to be vacated and,
subject to compliance with any provision contained in a compulsory
purchase order with respect to the carrying out of re-housing operations,
shall deal with that land in one or other of the following ways, or partly
in one of these ways and partly in the other of them, that is to say —
(a) they shall demolish every building thereon before the expiration
of six weeks from the date on which it is vacated, or before the
expiration of such longer period as in the circumstances they
deem reasonable, and thereafter may sell or let the land subject to
such restrictions and conditions, if any, as they think fit, or may,
subject to the approval of the Department and the Department of
Environment, Food and Agriculture, appropriate the land for any
purpose for which they are authorised to acquire land; or21

Section 23 Housing Act 1955


Page 22 AT 5 of 1955 c

(b) they shall, so soon as may be, sell or let the land subject to a
condition that the buildings thereon shall be demolished
forthwith and subject to such restrictions and other conditions, if
any, as they think fit:
Provided that, in lieu of selling the land, the authority may, where the
owner of other land (being land which the authority have power to
acquire) is willing to take the land in exchange for that other land,
exchange it for that other land either with or without paying or receiving
money for equality of exchange, and in relation to any such exchange the
like provisions shall have effect as respects the land to be given in
exchange by the authority as have effect by virtue of the foregoing
provisions of this section as respects land sold thereunder.
(2) Land sold, exchanged or leased under this section shall be sold,
exchanged or leased at the best price, for the best consideration, or for
the best rent, that can reasonably be obtained having regard to any
restriction or condition imposed.
(3) For the purposes of this section “sale” includes sale in consideration of a
chief rent, rentcharge or other similar periodical payment, and “sell” has
a corresponding meaning.
23 [Repealed]
22

24 Provision as to expenses of persons opposing orders

[E1936/43]
The Department may make such order as they think fit in favour of any owner
of any land the subject of an application to Tynwald for authority to acquire the
same compulsorily for the purposes of this Part, for the allowance of reasonable
expenses properly incurred by the owner in opposing the application, and any
expenses so allowed shall be paid to him by the local authority.23

25 Obligations of local authority with respect to re-housing

[E1936/45; M1936/13]
A local authority who have passed a resolution declaring any area to be a
clearance area shall, before taking any action under that resolution which will
necessitate the displacement of any persons, undertake to carry out or to secure
the carrying out of such re-housing operations, if any, within such period as the
Department may consider to be reasonably necessary.24

26 Extinguishment of ways, easements, etc, over land purchased under

Part II

[E1936//46; M1936/17]
(1) A local authority may, with the approval of the Department by order
extinguish any public right of way over any land purchased by them
Housing Act 1955 Section 27


c AT 5 of 1955 Page 23

under this Part of this Act, but an order made by an authority under this
subsection shall be published in the manner prescribed by the
Department, and if any objection thereto is made to the Department
before the expiration of six weeks from the publication thereof, the
Department shall not approve the order until they have caused a public
local inquiry to be held into the matter.25

(2) Where a local authority have resolved to purchase under this Part of this
Act land over which a public right of way exists, it shall be lawful under
the foregoing subsection for the authority to make and the Department to
approve, in advance of the purchase, an order extinguishing that right as
from the date on which the buildings on the land are vacated, or at the
expiration of such period after that date as may be specified in the order,
or as the Department in approving the order may direct.26

(3) Upon the completion by a local authority of the purchase by them of any
land under this Part of this Act, all private rights of way and all rights of
laying down, erecting, continuing, or maintaining any apparatus on,
under or over that land and all other rights or easements in or relating to
that land shall be extinguished and any such apparatus shall vest in the
local authority, and any person who suffers loss by the extinguishment
or vesting of any such right or apparatus as aforesaid shall be entitled to
be paid by the local authority compensation to be determined under and
in accordance with Part III of the Acquisition of Land Act 1984.
Provided that this subsection shall not apply to any right vested in
statutory undertakers of laying down, erecting, continuing or
maintaining any apparatus, or to any apparatus belonging to statutory
undertakers, and shall have effect as respects other matters subject to any
agreement which may be made between the local authority and the
person in or to whom the right or apparatus in question is vested or
belongs.27

27 Provisions as to apparatus of statutory undertakers in land dealt with

by local authority under the Housing Acts

[E1936/49]
(1) Where the removal or alteration of apparatus belonging to statutory
undertakers on, under, or over land purchased by a local authority under
this Part of this Act, or on, under, or over a street running over, or
through, or adjoining any such land, is reasonably necessary for the
purpose of enabling the authority to exercise any of the powers conferred
upon them by the foregoing provisions of this Part of this Act, the local
authority shall have power to execute works for the removal or alteration
of the apparatus subject to and in accordance with the provisions of this
section.
(2) A local authority who intend to remove or alter any apparatus under the
powers conferred by the foregoing subsection shall serve on the
Section 27 Housing Act 1955


Page 24 AT 5 of 1955 c

undertakers notice in writing of their intention with particulars of the
proposed works and of the manner in which they are to be executed and
plans and sections thereof, and shall not commence any works until the
expiration of a period of twenty-eight days from the date of service of the
notice and the undertakers may within that period by notice in writing
served on the authority —
(a) object to the execution of the works or any of them on the ground
that they are not necessary for the purpose aforesaid; or
(b) state requirements to which, in their opinion, effect ought to be
given as to the manner of, or the observance of conditions in, the
execution of the works, as to the execution of other works for the
protection of other apparatus belonging to the undertakers or as
to the execution of other works for the provision of substituted
apparatus whether permanent or temporary;
and —
(i) if objection is so made to any works and not withdrawn,
the local authority shall not execute the works unless they
are determined by arbitration to be so necessary;
(ii) if any such requirement as aforesaid is so made and not
withdrawn, the local authority shall give effect thereto
unless it is determined by arbitration to be unreasonable.
(3) A local authority shall make to statutory undertakers reasonable
compensation for any damage which is sustained by them by reason of
the execution by the authority of any works under subsection (1) of this
section and which is not made good by the provision of substituted
apparatus. Any question as to the right of undertakers to recover
compensation under this subsection or as to the amount thereof shall be
determined by arbitration.
(4) Where the removal or alteration of apparatus belonging to statutory
undertakers, or the execution of works for the provision of substituted
apparatus, whether permanent or temporary, is reasonably necessary for
the purposes of their undertaking by reason of the stopping up,
diversion, or alteration of the level or width of a street by a local
authority under powers exercisable by virtue of this Act, they may, by
notice in writing served on the authority, require them at the expense of
the authority to remove or alter the apparatus or to execute the works,
and where any such requirement is so made and not withdrawn, the
local authority shall give effect thereto unless they serve notice in writing
on the undertakers of their objection to the requirement within twenty-
eight days from the date of service of the notice upon them and the
requirement is determined by arbitration to be unreasonable.
(5) At least seven days before commencing any works which they are
authorised or required under the foregoing provisions of this section to
execute, the local authority shall, except in case of emergency, serve on
Housing Act 1955 Section 28


c AT 5 of 1955 Page 25

the undertakers notice in writing of their intention so to do, and the
works shall be executed by the authority under the superintendence (at
the expense of the authority) and to the reasonable satisfaction of the
undertakers:
Provided that, if within seven days from the date of service on them of
notice under this subsection the undertakers so elect, they shall
themselves execute the works in accordance with the reasonable
directions and to the reasonable satisfaction of the authority, and the
reasonable costs thereof shall be repaid to the undertakers by the
authority.
(6) Any difference arising between statutory undertakers and a local
authority under the last foregoing subsection and any matter which is by
virtue of the foregoing provisions of this section to be determined by
arbitration shall —
(a) in the case of a question arising under subsection (3) of this
section, unless the authority and the undertakers otherwise agree,
be referred to and determined in accordance with Part III of the
Acquisition of Land Act 1984;28

(b) in any other case, be referred to and determined by an arbitrator
to be appointed, in default of agreement, by the Department.29

(7) In this section references to the alteration of apparatus include references
to diversion and to alterations of position or level.
PART III – ABATEMENT OF OVERCROWDING

28 Definition of overcrowding

[E1936/58]
(1) A dwelling-house shall be deemed for the purposes of this Act to be
overcrowded at any time when the number of persons sleeping in the
house either —
(a) is such that any two of those persons, being persons ten years old
or more of opposite sexes and not being persons living together as
husband and wife, must sleep in the same room; or
(b) is, in relation to the number and floor area of the rooms of which
the house consists, in excess of the permitted number of persons
as defined in the Fourth Schedule to this Act.
(2) In determining for the purposes of this section the number of persons
sleeping in a house, no account shall be taken of a child under one year
old, and a child who has attained one year and is under ten years old
shall be reckoned as one-half of a unit.
Section 29 Housing Act 1955


Page 26 AT 5 of 1955 c

29 Offences in relation to overcrowding

[E1936/59]
(1) Subject to the provisions of this Part of this Act, if after the
commencement of this Act, the occupier or the landlord of a dwelling-
house causes or permits it to be overcrowded, he shall be guilty of an
offence and shall be liable on summary conviction to a fine not exceeding
£2,500.
(2) The occupier of a dwelling-house which is occupied on the day of the
commencement of this Act shall not be guilty of an offence under this
section in respect of the overcrowding thereof so long as all the persons
sleeping in the house are persons who were living there on the day of the
commencement of this Act and thereafter continuously live there, or
children born after that day of any of those persons, unless —
(a) suitable alternative accommodation is offered to the occupier after
the day of the commencement of this Act and he fails to accept it;
or
(b) suitable alternative accommodation is so offered to some person
living in the house who is not a member of the occupier’s family
and whose removal is reasonably practicable in all the
circumstances, and the occupier fails to require his removal.
(3) Where after the commencement of this Act a dwelling-house which
would not otherwise be overcrowded becomes overcrowded by reason
of a child attaining one of the ages referred to in the last foregoing
section, then, if the occupier applies to the local authority for suitable
alternative accommodation or has so applied before the date when the
child attains that age, he shall not be guilty of an offence under this
section in respect of the overcrowding of the house after the date of his
application, so long as all the persons sleeping in the house are persons
who were living there on the date when the child attained that age and
thereafter continuously live there, or children born after that date of any
of those persons, unless —
(a) suitable alternative accommodation is offered to the occupier on
or after the date when the child attains that age, or, if he has
applied before that date, is offered at any time after the
application, and he fails to accept it; or
(b) the removal from the house of some person not a member of the
occupier’s family is on that date or thereafter becomes reasonably
practicable having regard to all the circumstances (including the
availability of suitable alternative accommodation for that
person), and the occupier fails to require his removal.
(4) Where the persons sleeping in an overcrowded house include a member
of the occupier’s family who does not live there but is sleeping there
temporarily, the occupier shall not be guilty of an offence under this
section in respect of the overcrowding of the house unless the
Housing Act 1955 Section 30


c AT 5 of 1955 Page 27

circumstances are such that he would be so guilty if that member of his
family were not sleeping in the house.
(5) The landlord of an overcrowded house shall be deemed to cause or
permit it to be overcrowded —
(a) if, after notice in writing that it is overcrowded in such
circumstances as to render the occupier thereof guilty of an
offence has been served upon the landlord or his agent by the
local authority, the landlord fails to take such steps as it is
reasonably open to him to take for securing the abatement of the
overcrowding, including if necessary legal proceedings for
possession of the house; or
(b) if, when letting the house after the commencement of this Act, the
landlord, or any person effecting the letting on the landlord’s
behalf, had reasonable cause to believe that it would become
overcrowded in such circumstances as to render the proposed
occupier thereof guilty of an offence, or failed to make inquiries of
the proposed occupier as to the number, age and sex of persons
who would be allowed to sleep in the house;
and not otherwise.
30 Information and certificates with respect to the permitted number

[E1936/62]
(1) It shall be the duty of the local authority, upon the application of the
landlord, or of the occupier, of a dwelling-house, to inform the applicant
in writing of the number of persons constituting the permitted number in
relation to the house.
(2) The Department of Environment, Food and Agriculture may prescribe
the manner in which the floor area of a room is to be ascertained for the
purposes of the Fourth Schedule to this Act, and the regulations may
provide for the exclusion from computation, or for the bringing into
computation at a reduced figure, of floor space in any part of a room
which is of less than a specified height not exceeding eight feet.30

(3) A certificate of the local authority stating the number and floor areas of
the rooms in a dwelling-house, and that the floor areas thereof have been
ascertained in the prescribed manner, shall, for the purposes of any legal
proceedings, be prima facie evidence of the facts stated therein.
31 Information as to rights and duties as respects overcrowding

[E1936/63]
The Department of Environment, Food and Agriculture shall have power to
publish information for the assistance of landlords and occupiers of dwelling-
houses as to their rights and duties under the provisions of this Part of this Act
relating to overcrowding and as to the enforcement thereof.31

Section 32 Housing Act 1955


Page 28 AT 5 of 1955 c

32 Duty of landlord to inform local authority of overcrowding

[E1936/64]
Where after the commencement of this Act it comes to the knowledge of the
landlord of a dwelling-house or of his agent that it is overcrowded then, unless
notice thereof has already been given to the local authority, the landlord or his
agent, as the case may be, shall within seven days after that fact first comes to
his knowledge give notice thereof to them, and if he fails so to do he shall be
liable on summary conviction to a fine not exceeding £2,500:
Provided that this section shall not apply to overcrowding which existed on the
day of the commencement of this Act, or has been notified to the landlord or to
his agent by the local authority, or is constituted by the use of the house for
sleeping by such number of persons as the occupier is authorised to permit to
sleep there by a licence in force under this Part of this Act.
33 [Repealed]
32

34 Enforcement of Part III

[E1936/66]
(1) It shall be the duty of the local authority to enforce the foregoing
provisions of this Part of this Act as respects dwelling-houses in their
district, and a prosecution for and offence against the said provisions
shall not be instituted otherwise than by the local authority:
Provided that such a prosecution may be instituted against the local
authority themselves by the Department of Environment, Food and
Agriculture with the consent of the Attorney-General33

(2) The local authority may serve upon the occupier of a dwelling-house
which is overcrowded in such circumstances as to render him guilty of
an offence notice in writing requiring him to abate the overcrowding
before the expiration of fourteen days from the date of the service of the
notice, and, if at any time within three months from the expiration of that
period the house is in the occupation of the person upon whom the
notice was served or of a member of his family and is overcrowded in
such circumstances as to render the occupier guilty of an offence, the
local authority may apply by summons to the court, and thereupon the
court shall order vacant possession of the dwelling-house to be given to
the landlord within such period, not being less than fourteen nor more
than twenty-eight days, as they may determine.
Any expenses incurred by the local authority under this subsection in
securing the giving of possession of a dwelling-house to the landlord
may be recovered by them from him summarily as a civil debt.
(3) For the purpose of enabling them to discharge their duties under the
foregoing provisions of this Part of this Act, the local authority may serve
notice on the occupier of a dwelling-house requiring him to furnish them
Housing Act 1955 Section 35


c AT 5 of 1955 Page 29

within fourteen days with a statement in writing of the number, ages and
sexes of the persons sleeping in the house, and, if the occupier makes
default in complying with the requirement or furnishes a statement
which to his knowledge is false in any material particular, he shall be
liable on summary conviction to a fine not exceeding £1,000.
35 Definitions for purposes of Part III

[E1936/68]
In this Part of this Act, and in the Fourth Schedule to this Act, except where the
context otherwise requires, the following expressions have the meanings hereby
assigned to them respectively: —
“dwelling-house
” means any premises used as a separate dwelling or of a type
suitable for such use;
“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 for his occupation
forms part of his remuneration, his employer, and “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 authorised 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 authorised by him so to do;
“room
” does not include any room of a type not normally used in the locality
either as a living room or as a bedroom;
“suitable alternative 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;
(b) the local authority must certify the house to be suitable to the
needs of the occupier and his family as respects security of tenure
and proximity to place of work and otherwise and 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.
36 This Part not to apply to hotels, boarding or lodging houses during the

summer months

During the period from the first day of May to the thirtieth day of September in
each year (both days inclusive) this Part of this Act shall not apply to a
dwelling-house when used as a hotel, boarding or lodging house where guests
are received and lodged or boarded for reward.
Section 37 Housing Act 1955


Page 30 AT 5 of 1955 c

36A Exemption for certain flats

(1) This Part shall not apply to a flat —
(a) which is registered in accordance with regulations under
paragraph 1 of Schedule 1 to the Housing (Amendment) Act 1990,
and34

(b) in respect of which such regulations for the time being fix the
number of persons who may occupy the flat.
(2) In this section “flat” has the same meaning as in the said Act of 1990.35
36

PART IV – PROVISION OF HOUSING ACCOMMODATION

General Powers and Duties of Local Authorities
37 Duty of local authorities periodically to review housing conditions in

their areas and to frame proposals

[E1936/71; M1924/3]
It shall be the duty of every local authority to consider the housing conditions in
their district and the needs of the district with respect to the provision of further
housing accommodation and for that purpose to review the information which
has been brought to their notice, either as a result of inspections and surveys
carried out under section one of this Act or otherwise, and as often as occasion
arises, or within three months after notice has been given to them by the
Department, to prepare and submit to the Department proposals for the
provision of new houses, distinguishing those houses which the authority
propose to provide for the purpose of rendering accommodation available for
persons to be displaced by, or in consequence of, action taken by the authority
under this Act.37

38 Mode of provision of accommodation

[E1936/72]
(1) A local authority may provide housing accommodation —
(a) by the erection of houses on any land acquired or appropriated by
them;
(b) by the conversion of any buildings into houses;
(c) by acquiring houses;
(d) by altering, enlarging, repairing or improving any houses or
buildings which have, or an estate or interest in which has, been
acquired by the local authority.
Any such powers as aforesaid may, for supplying the needs of the
district, be exercised outside the district of the local authority.
Housing Act 1955 Section 39


c AT 5 of 1955 Page 31

(2) It shall be the duty of a local authority for the purposes of this Part of this
Act by whom any house erected after the commencement of this Act,
whether with or without financial assistance from the Government,
to secure —
(a) that a fair wages clause complying with the requirements of any
resolution of Tynwald for the time being in force with respect to
contracts of government departments or Boards of Tynwald, is
inserted in all contracts for the erection of the house; and
(b) except in so far as the Department may, in any particular case,
dispense with the observance of this paragraph, that the house is
provided with a fixed bath in a bathroom.38

(3) The local authority may alter, enlarge, repair or improve any house so
erected, converted, or acquired, and may fit out, furnish and supply any
such house with any requisite fittings and conveniences.
(4) For the purpose of this Part of this Act, “provision of housing

accommodation
” includes the provision of separate houses or cottages
containing one or several tenements, and, in the case of a cottage, a
cottage with a garden of not more than one quarter of an acre.
39 Power of local authority to acquire land for provision of

accommodation

[E1936/73]
A local authority shall have power under this Part of this Act —
(a) to acquire any land, including any houses or other buildings
thereon, as a site for the erection of houses;
(b) to acquire —
(i) houses;
(ii) houses and buildings other than houses, being buildings
which are or may be made suitable as houses, together
with any lands occupied with houses or such buildings or
any estate or interest in houses or such buildings or land;
(c) to acquire land for the purpose of —
(i) the lease or sale of the land, under the powers conferred by
this Act, with a view to the erection thereon of houses or
shops by persons other than the local authority;
(ii) the lease or sale under the powers conferred by this Act of
any part of the land acquired with a view to the use thereof
for purposes which in the opinion of the local authority are
necessary or desirable for, or incidental to, the
development of the land as a building estate, including the
provision, maintenance, and improvement of houses and
Section 40 Housing Act 1955


Page 32 AT 5 of 1955 c

gardens, factories, workshops, places of worship, places of
recreation, and other works or buildings.
40 Mode of acquisition of land for provision of accommodation

[E1936/74; M1924/6]
(1) Land for the purposes of this Part of this Act may be acquired by a local
authority by agreement or compulsorily.39

(2) A local authority may, with the consent of and subject to any conditions
imposed by the Department, acquire land for the purposes of this Part of
this Act, notwithstanding that the land is not immediately required for
those purposes:
Provided that a local authority shall not be authorised to purchase any
land compulsorily for those purposes unless the Department certifies
that it is likely to be required for those purposes within 10 years of the
date of the application to Tynwald for authority to acquire such land
compulsorily.40

(3) [Repealed]41

(4) In this section, “land” means any property mentioned in section 39 of
this Act.42

41 Restrictions as to compulsory acquisition of land for purposes of

Part IV

[E1936/75]
Nothing in this Act shall authorise the compulsory acquisition for the purposes
of this Part of this Act of any land which is the property of any local authority,
or which is the property of statutory undertakers, having been acquired by
them for the purposes of their undertaking, or which at the date of the
compulsory purchase order forms part of any park, garden or pleasure ground,
or is otherwise required for the amenity or convenience of any house.
42 Appropriation of land for provision of accommodation

[E1936/76]
A local authority may, with the consent of the Department, appropriate, for the
purposes of this Part of this Act, any houses or land which may be for the time
being vested in them, or at their disposal.43

43 Powers of dealing with land acquired or appropriated for provision of

accommodation

[E1936/79; M1924/7]
(1) Where a local authority have acquired or appropriated any land for the
purposes of this Part of this Act, then, without prejudice to any of their
other powers under this Act, the authority may —
Housing Act 1955 Section 43


c AT 5 of 1955 Page 33

(a) lay out and construct public streets or roads and open spaces on
the land;
(b) with the consent of the Department, sell or lease the land or part
thereof to any person for the purpose and under the condition
that that person will erect thereon in accordance with plans
approved by the local authority and maintain such number of
houses of such types as may be specified by the authority and,
when necessary, will lay out and construct public streets or roads
and open spaces on the land, or will use the land for purposes
which, in the opinion of the authority, are necessary or desirable
for, or incidental to, the development of the land as a building
estate in accordance with plans approved by the authority,
including the provision, maintenance, and improvement of
houses and gardens, factories, workshops, places of worship,
places of recreation and other works or buildings;44

(c) with the consent of the Department, sell the land or part thereof,
or exchange the land or part thereof, for land better adapted for
those purposes, either with or without paying or receiving any
money for equality of exchange;45

(2) Where a local authority under this section sell or lease land, they may
contribute towards the expenses of the development of the land and the
laying out and construction of streets thereon, subject to the condition
that the streets are dedicated to the public.
(3) Subject to subsection (3A) of this section, land and houses sold or leased
under the provisions of this section shall be sold or leased at the best
price or for the best rent that can reasonably be obtained, having regard
to any condition imposed.46

(3A) Notwithstanding the provisions of subsection (3) of this section, a local
authority may, with the prior approval of the Department, sell or lease
land or houses for housing purposes at a price or, as the case may be, a
rent less than the best price or, as the case may be, the best rent that can
be reasonably obtained, having regard to any condition imposed in
respect of the sale or leasing of the land or houses.47

(4) Where a local authority acquire a building which may be made suitable
as a house, or an estate or interest in such a building, they shall forthwith
proceed to secure that the building is so made suitable either by
themselves executing any necessary works, or by leasing it or selling it to
some person subject to conditions for securing that he will so make it
suitable.48

(5) For the purposes of this section, “sale” includes sale in consideration of a
chief rent, rentcharge or other similar periodical payment, and “sell” has
a corresponding meaning.
Section 44 Housing Act 1955


Page 34 AT 5 of 1955 c

44 Supplementary powers in connection with provision of

accommodation

[E1936/80]
(1) The powers of a local authority under this Part of this Act to provide
housing accommodation, shall include a power to provide and maintain
with the consent of the Department and, if desired, jointly with any other
person, in connection with any such housing accommodation, any
building adapted for use as a shop, any recreation grounds, or other
buildings or land which in the opinion of the Department will serve a
beneficial purpose in connection with the requirements of the persons for
whom the housing accommodation is provided.49

(2) The Department in giving their consent to the provision of any land or
building under the foregoing provisions of this section, may by order
apply, with any necessary modifications, to that land or building any
statutory provisions which would have been applicable thereto if it had
been provided under any enactment giving any local authority powers
for the purpose.50

45 Execution of works in connection with housing operations by local

authority outside its own area

[E1936/81]
(1) Where any housing operations under this Part of this Act are being
carried out by a local authority outside their own area, that authority
shall, subject to the approval of the Department, have power to execute
any works which are necessary for the purposes, or are incidental to the
carrying out, of the operations, subject to entering into agreements with
the local authority of the district in which the operations are being
carried out as to the terms and conditions on which any such works are
to be executed.51

(2) If housing operations under this Act have been carried out by a local
authority outside their own area, and for the purposes of the operations
public streets or roads have been constructed and completed by that local
authority, the liability to maintain the streets or roads shall vest in the
Department unless the Department is satisfied that the streets or roads
have not been properly constructed in accordance with the plans and
specifications approved by the Department.52

(2A) [Repealed]53

(3) Where housing operations under this Act have been carried out by a
local authority outside their own area, and a habitation certificate from
the local authority in which the houses are situate is required under any
Act or byelaw, such a certificate shall not be necessary in respect of any
of the houses which were constructed in accordance with plans and
specifications approved by the Department.54

Housing Act 1955 Section 46


c AT 5 of 1955 Page 35

46 Adjustment of differences between local authorities as to carrying out

proposals

[E1936/82]
Where the Department approves the proposals of a local authority in relation to
the provision of houses, whether under this Act or any other Act, in the area of
another local authority, any difference arising between those authorities with
respect to the carrying out of the proposals may be referred by either authority
to the Department, whose decision shall be final and binding upon the
authorities.55

Management, etc, of Local Authority’s Houses
47 Management of local authority’s houses

[E1936/83]
(1) The general management, regulation, and control of houses provided by
a local authority under this Part of this Act shall be vested in and
exercised by the authority, and the authority may make such reasonable
charges for the tenancy or occupation of the houses as they may
determine with the approval of the Department.56

(1A) Subsection (1) is subject to section 47A and to Schedule 3 to the Housing
(Miscellaneous Provisions) Act 1976 (selection of tenants for public sector
housing).57

(2) Any house provided by a local authority under this Part of this Act shall
be open to inspection by the authority, or an officer authorised by the
authority, at all reasonable times.58

47A Housing revenue account and estimates

(1) Each local authority providing or intending to provide housing
accommodation shall operate a housing revenue account in a form
approved by the Department.
(2) An authority shall only charge to the housing revenue account items of
expenditure of a description approved by the Department.
(3) An authority may only borrow money for the purposes of capital
expenditure on housing accommodation with the consent of, and on
terms approved by, the Treasury.
(4) An authority providing or intending to provide housing accommodation
shall have its annual revenue and capital expenditure estimates under
this Part approved by the Department.59

Section 48 Housing Act 1955


Page 36 AT 5 of 1955 c

48 Byelaws for regulation of local authority’s houses

[E1936/84]
(1) The Department or a local authority may make byelaws for the
management, use and regulation of houses provided by them.60

(2) Any such byelaws may impose a penalty for every offence not exceeding
£1,000, and any fine for the breach of such bye-laws shall be carried to
the credit of the District Fund.61

(3) Any such byelaws shall be subject to the approval of Tynwald.
49 Conditions to be observed in management of local authority’s houses

[E1936/85]
(1) [Repealed]62

(2) The authority may, subject to the approval of the Department, grant to
any tenant such rebates from rent, subject to such terms and conditions,
as they may think fit.63

(3) The authority shall from time to time review rents and (subject to the
approval of the Department) make such changes, either of rents
generally or of particular rents, and rebates (if any) as circumstances may
require.64

(4) The 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 the authority.
Miscellaneous
50 Power of Boards to provide houses for their employees

[E1936/97]
Any Board of Tynwald shall have power with the approval of Tynwald to
provide houses for persons employed or paid by a Board, and for that purpose
may be authorised to acquire or appropriate land in like manner as a local
authority may be authorised to acquire or appropriate land for the purposes of
this Part of this Act.
51 Power of corporate bodies to sell or let land for housing purposes

[E1936/100]
Any body corporate holding land may (notwithstanding any Act of Tynwald or
charter or any rule of law or equity to the contrary), sell, exchange or lease the
land for the purpose of the erection of houses.
Housing Act 1955 Section 52


c AT 5 of 1955 Page 37

51A [Repealed]
65

PART V – FINANCIAL PROVISIONS

Government Contributions
52 Government contributions towards provision of accommodation

(1) The Treasury shall, out of moneys provided by Tynwald make, or
undertake to make, such contributions to local authorities for the
purposes of this Act as the Department shall subject to the approval of
Tynwald, determine.66

(2) Contributions shall be either by way of a grant in aid or by annual
contributions of such amounts for such periods and subject to such
conditions as may be determined by the Department and approved by
Tynwald.67

53 Power to surcharge authority of town or village district who fail to

exercise powers

If a local authority of a town district or a village district fail or have failed to
exercise their powers under this Act, or any Act, repealed by this Act, and the
Department have by order rendered exercisable by themselves any of the
powers of the local authority under this Act, or in consequence of such failure
the Department have provided houses in such town district or village district,
the following provisions of this section shall have effect (that is to say): —
(a) any expenses incurred by the Department in the exercising of the
said powers shall be paid by the Treasury out of moneys provided
by Tynwald;68

(b) such local authority shall each year for a period to be prescribed
by the Department, out of the district fund of the local authority,
pay to the Treasury one eighth of the estimated annual loss likely
to be incurred by the Department in carrying out the scheme,
calculated upon a basis to be prescribed by the Department and
approved by Tynwald, as if such local authority had carried out
the scheme and borrowed the money on a basis comparable with
borrowings by such local authority for permanent works; and
such annual amounts shall be recoverable by the Treasury from
such local authority as a debt due to the Crown.69

54 Failure of local authority of parish district to exercise powers

If a local authority of a parish district fail to exercise their powers under this
Act, and the Department have by order rendered exercisable by themselves any
Section 55 Housing Act 1955


Page 38 AT 5 of 1955 c

of the powers of the local authority, then any expenses incurred by the
Department in the exercising of the said powers shall be paid by the Treasury
out of moneys provided by Tynwald.70

55 Time and manner of payment of Government contributions

[M1924/10]
Contributions to be made by the Treasury to a local authority under this
enactment shall be payable at such times and in such manner as the Treasury
may direct and subject to such conditions as to records, certificates, audit or
otherwise as the Treasury may, with the approval of the Treasury, impose.71

56 Power to withhold certain Government contributions in event of

default

[E1936/113]
If at any time the Treasury (after consultation with the Department) is satisfied
that a local authority have either —
(a) failed to discharge any of the duties imposed on them by virtue of
this Act; or
(b) failed to observe any condition subject to which they are entitled
to receive a Government contribution;
the Treasury may reduce the amount of any Government contribution payable
to the authority, or suspend or discontinue the payment of any such
contribution, as it thinks just.72

Expenses of Local Authorities
57 Expenses of a local authority

[E1936/116]
Subject to the provisions of this Act, any expenses incurred by a local authority
under the provisions of this Act, shall be defrayed as expenses out of the district
fund of the local authority.
Borrowing
58 Power of local authorities to borrow for purposes of Act

[E1936/119]
(1) Subject to the provisions of this Act a local authority may, with the
approval of Tynwald, and subject to such terms and conditions as to
repayment or otherwise as may be prescribed by Tynwald, borrow on
mortgage for the purposes of this Act, and for the purposes of securing
the repayment of a loan with interest thereon they may mortgage to the
persons by or on behalf of whom the loan may be advanced the district
Housing Act 1955 Section 59


c AT 5 of 1955 Page 39

fund or any of the property of the local authority as may be authorised
by Tynwald.
Provided that the maximum period which may be sanctioned as the
period for which money may be borrowed by such a local authority for
the purposes of this Act shall notwithstanding the provisions of any Act
of Tynwald be eighty years.
(2) In respect of any borrowing by a local authority prior to the
commencement of this Act which has been authorised or approved by
Tynwald or the Department for purposes similar to any of the purposes
of this Act the Department may on the application of the local authority
extend the period within which the loan shall be repaid to such period
not exceeding eighty years from the date of the borrowing as Tynwald
may sanction, but subject and without prejudice to the right of any
person who has invested in any such loan or any assignee of any such
person to the repayment of the account of such investment upon the date
provided in the deed for such repayment.73

59 Borrowing in connection with operations carried out by local authority

outside its own area

[E1936/121]
Where housing operations under Part IV of this Act are being carried out by a
local authority outside their own area that authority shall, subject to the
approval of the Department, have power to borrow money for the purpose of
defraying any expenses (including, if the Treasury so approve, interest payable
in respect of any period before the completion of the operations, or a period of
five years from the date of the borrowing, whichever period is the shorter, on
money borrowed under this section) incurred by the local authority in
connection with any works necessary for the purposes of the operations, or
incidental to the carrying out thereof, which under this Act they are authorised
to execute.74

Capital Moneys
60 Application of purchase money

[E1936/127]
The proceeds of the sale of any land acquired by a local authority for any of the
purposes of this Act, and any other capital moneys received by a local authority
in respect of any transaction under section twenty-two or section forty-three of
this Act shall be applied, with the sanction of the Department, either in the
repayment of debt or for any other purpose for which capital money may
properly be applied:
Provided that capital moneys received in respect of any transaction under the
last mentioned section may be applied by the authority in or towards the
purchase of other land for the purposes of Part IV of this Act.75

Section 61 Housing Act 1955


Page 40 AT 5 of 1955 c

PART VI – SALE OF HOUSES BY DEPARTMENT AND LOCAL

AUTHORITIES
76

61 Regulations

(1) The Department may, from time to time, make regulations in regard to
the sale by the Department and by local authorities of houses vested in
them and such Regulations may permit the Department or any local
authority to provide for the purchase price being paid by instalments or
for a payment of part thereof being secured by a mortgage of the
premises.77

(2) Any Regulations made by the Department under this section shall be laid
before Tynwald as soon as may be after they have been made and shall
not come into force until approved by resolution of Tynwald.78

(3) [Repealed]79

62 Sale of houses by Department

(1) The Department may, at any time, and from time to time sell all or any
one or more of the houses for the time being vested in the Department.80

(2) Any such sale shall be by private treaty.
(3) Any such sale shall be subject to —
(a) the terms and conditions prescribed by the Regulations made by
the Department under section 61 of this Act; and81

(b) such terms and conditions as the Department shall think fit.
Provided that such terms and conditions shall not be inconsistent
with any of the terms and conditions prescribed by the said
Regulations.82

63 Sale of houses by local authorities

(1) A local authority may, at any time and from time to time, with the
approval of the Department, sell all or any one or more of the houses for
the time being vested in the local authority.83

(2) Any such sale shall be by private treaty.
(3) Any such sale shall be subject to —
(a) the terms and conditions prescribed by the Regulations made by
the Department under section 61 of this Act; and84

(b) such terms and conditions as the local authority, with the
approval of the Department, shall think fit.85

Provided that such terms and conditions shall not be inconsistent with
any of the terms and conditions prescribed by the said Regulations.86

Housing Act 1955 Section 64


c AT 5 of 1955 Page 41

PART VII – GENERAL

Re-Housing
Provisions as to Acquisition, etc of Land
64 Protection for amenities of locality, etc

[E1936/142]
(1) A local authority in preparing any proposals for provision of houses, or
in taking any action under this Act, shall have regard to the beauty of the
landscape or countryside and the other amenities of the locality, and the
desirability of preserving existing works of architectural, historic or
artistic interest, and shall comply with such directions, if any, in that
behalf as may be given to them by the Department.87

(1A) [Repealed]88

(2) Nothing in this Act shall authorise the acquisition for the purposes of
this Act of any land which is the site of an ancient monument or other
object of archaeological interest.
65 Power of entry on land acquired

[E1936/145]
(1) [Repealed]89

(2) Where a local authority have agreed to purchase land for the purposes of
the provisions of Part II or Part IV of this Act, or have determined to
appropriate land for any of those purposes, subject to the interest of the
person in possession thereof, and that interest is not greater than that of
the tenant for a year or from year to year, then, at any time after the
agreement has been made, or the appropriation has been approved by
the Department, the local authority may, after giving to the person so in
possession such notice as is hereinafter mentioned, enter on and take
possession of the land or such part thereof as is specified in the notice
without previous consent, but subject to the payment to the person so in
possession of the like compensation, with such interest thereon as
aforesaid, as if the local authority had been authorised to purchase the
land compulsorily and that person had in pursuance of their powers in
that behalf been required to quit possession before the expiration of his
term or interest in the land.90

(3) The length of notice required to be given under the foregoing provisions
of this section shall be —
(a) in the case of land purchased or appropriated for the purposes of
Part II of this Act, not less than twenty-eight days; and
Section 66 Housing Act 1955


Page 42 AT 5 of 1955 c

(b) in the case of land purchased or appropriated for the purposes of
Part IV of this Act, not less than fourteen days.
66 Power of local authorities to enforce covenants against owner for the

time being of land

[E1936/148]
Where —
(a) a local authority have sold or exchanged land acquired by them
under this Act and the purchaser of the land or the person taking
the land in exchange has entered into a covenant with the local
authority concerning the land; or
(b) an owner of any land has entered into a covenant with the local
authority concerning the land for the purposes of any of the
provisions of this Act;
the authority shall have power to enforce the covenant against the persons
deriving title under the covenantor, notwithstanding that the authority are not
in possession of or interested in any land for the benefit of which the covenant
was entered into, in like manner and to the like extent as if they had been
possessed of or interested in such land.
67 Donations for housing purposes

[E1936/150]
A local authority may accept a donation of land, money or other property for
any of the purposes of this Act.
68 Buildings situated in districts of more than one local authority

[E1936/152]
(1) In the case of a building which is situated partly in the district of one
local authority and partly in the district of another, the local authorities
may agree that this section shall have effect in relation to the building or
to the building and the site thereof and any yard, garden, outhouses, and
appurtenances belonging thereto or usually enjoyed therewith.
(2) Whilst such an agreement as aforesaid is in force, this Act shall have
effect as if the district of such one of the local authorities as may be
specified therein included the whole of the building and, if the
agreement so provides, the site thereof and any such other premises as
aforesaid.
69 Official representations

[E1936/154]
(1) Every representation made by a medical office[r] of health in pursuance
of this Act shall be in writing.
Housing Act 1955 Section 70


c AT 5 of 1955 Page 43

(2) The medical officer of health of a local authority shall make an official
representation to the authority whenever he is of opinion that any house
in their district is unfit for human habitation, or that any area in their
district is an area which should be dealt with as a clearance area, and if
any justice of the peace acting for the district, or any four or more local
government electors of the district, complain to the medical officer of
health in writing that any house is unfit for human habitation, or that
any area should be dealt with as a clearance area, it shall be his duty
forthwith to inspect that house or that area and to make a report to the
local authority, stating the facts of the case and whether, in his opinion,
the house is unfit for human habitation, or whether, in his opinion, the
area should be dealt with as a clearance area, but the absence of any such
complaint shall not excuse him from inspecting any house or area and
making a representation thereon to the local authority.
(3) A local authority shall so soon as may be take into consideration any
official representation which has been made to them.
Recovery of Possession, Entry, etc
70 Recovery of possession of buildings subject to demolition or clearance

order

[E1936/155; M1936/25]
(1) Where a demolition order or a clearance order has become operative, the
local authority shall serve on the occupier of any building, or any part of
any building, to which the order relates a notice stating the effect of the
order and specifying the date by which the order requires the building to
be vacated and requiring him to quit the 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 building to be vacated any person is in occupation of
the building, or of any part thereof, the authority or any owner of the
building may make application to the court by summons and thereupon
the court shall order vacant possession of the building, or of the part
thereof, to be given to the applicant within such period not being less
than two weeks nor more than four weeks as the court may determine.
(2) Any expenses incurred by a local authority under this section in
obtaining possession of any building or of any part of a building may be
recovered by them from the owner, or from any of the owners, of that
building summarily as a civil debt.
(3) Any person who, knowing that a demolition order or a clearance order
has become operative and applies to any building, enters into occupation
of that building, or of any part thereof, after the date by which the order
requires that building to be vacated, or permits any other person to enter
Section 71 Housing Act 1955


Page 44 AT 5 of 1955 c

into such occupation after that date, shall be liable on summary
conviction to a fine not exceeding £5,000.
71 [Repealed]
91

72 Power of entry for inspection, etc

[E1936/157]
Any person authorised in writing by a local authority or a relevant Department
stating the particular purpose or purposes for which the entry is authorised may
at all reasonable times, on giving twenty-four hours’ notice to the occupier and
to the owner, if the owner is known, of his intention, enter any house, premises,
or buildings —
(a) for the purpose of survey or valuation, in the case of houses,
premises, or buildings which the local authority are authorised to
purchase compulsorily under this Act; and
(b) for the purpose of survey and examination, in the case of a house
in respect of which a notice requiring the execution of works has
been served, or a demolition order or closing order, or a clearance
order, has been made; or
(c) for the purpose of survey and examination where it appears to the
authority or the relevant Department 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;92

(d) for the purpose of measuring the rooms of a house in order to
ascertain for the purposes of Part III of this Act the number of
persons permitted to use the house for sleeping.93

73 Penalty for obstructing execution of Act

[1936/158]
If any person obstructs the Isle of Man medical officer of health, the medical
officer of health, or any officer of the local authority or of the relevant
Department, or any person authorised to enter houses, premises, or buildings in
pursuance of this Act in the performance of anything which such officer,
authority, or person is by this Act required or authorised to do, he shall, on
summary conviction, be liable to a fine not exceeding £500.94

74 Penalty for preventing execution of repairs, etc

[E1936/159]
If any person, after receiving notice of the intended action —
(a) being the occupier of any premises, prevents the owner thereof or
his officers, agents, servants or workmen, from carrying into effect
Housing Act 1955 Section 75


c AT 5 of 1955 Page 45

with respect to those premises any of the provisions of Part I of
this Act; or
(b) being the owner or occupier of any premises, prevents any
medical officer of health, or any officers, agents, servants or
workmen of that officer or of the local authority, from so doing; or
(c) being an inmate of any premises, prevents the owner thereof, or
any other person upon whom any obligations with respect to the
premises are imposed by byelaws under this Act, from complying
with such obligations;
a court of summary jurisdiction may order him to permit to be done on
the premises all things requisite for carrying into effect those provisions
or for the fulfilment of those obligations with respect to the premises,
and if he fails to comply with the order, he shall be liable on summary
conviction to a fine not exceeding £1,000.
Powers of the Court for Housing Purposes
75 Power of court to determine lease where premises demolished

[E1936/160]
(1) Where any premises in respect of which a demolition order or a
clearance order has become operative form the subject matter of a lease,
either the lessor or the lessee may apply to the court within the
jurisdiction of which the premises are situate 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
conditions (including conditions with respect to the payment of money
by any party to the proceedings to any other party thereto by way of
compensation, damages, or otherwise) as he may think just and equitable
to impose, regard being had to the respective rights, obligations, and
liabilities of the 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, 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.
Section 76 Housing Act 1955


Page 46 AT 5 of 1955 c

76 Power of court to authorise owner to execute works on default of

another owner

[E1936/161]
(1) If it appears to the court, on the application of any owner of a house in
respect of which a notice requiring the execution of works has been
served, or a demolition order or a clearance order has been made, that
owing to the default of any other owner of the house in executing any
works required to be executed on the house, or in demolishing the house,
the interests of the applicant will be prejudiced, the court 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 court just so to
do, the court 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 local authority.
77 Power of court to authorise execution of works on unfit premises or for

improvement

[E1936/162]
(1) Where it is proved to the satisfaction of the court, on an application made
in accordance with rules of court by any person entitled to any interest in
any land used in whole or in part as a site for houses —
(a) that the premises on the land are, or are likely to become,
dangerous or injurious to health or unfit for human habitation,
and that the interests of the applicant are thereby prejudiced; or
(b) that the applicant should be entrusted with the carrying out of a
scheme of improvement or reconstruction approved by the local
authority of the district in which the land is situate;
the court may make an order empowering the applicant forthwith to
enter on the land and within a period fixed by the order to execute such
works as may be necessary, and may order that any lease or agreement
for a lease held from the applicant and any derivative under-lease shall
be determined, subject to such conditions and to the payment of such
compensation as the court may think just.
(2) The court shall include in its order provisions to secure that the proposed
works are carried out and may authorise the local authority in whose
district the land is situated, or which approved the scheme of
improvement or reconstruction, as the case may be, to exercise such
supervision or take such action as may be necessary for the purpose.
Housing Act 1955 Section 78


c AT 5 of 1955 Page 47

Notices, Orders, etc
78 Authentication of orders, notices, etc

[1936/164]
(1) An order in writing made by a local authority under this Act shall be
authenticated by the signature of their clerk or his lawful deputy.95

(2) A notice, demand, or other written document proceeding from a local
authority under this Act shall be signed by their clerk or his lawful
deputy.
79 Authentication of certificates

[E1936/165]
Any document purporting to be a certificate of a local authority named therein
issued for any of the purposes of this Act and to be signed by the clerk to that
authority shall be received in evidence and be deemed to be such a certificate
without further proof unless the contrary is shown.
80 to 82 [Repealed]
96

83 Power of Department in the event of default of local authority

[E1936/171; M1936/26]
(1) In any case where —
(a) a complaint is made to the Department by any justice of the peace
acting for, or by any four or more local government electors of, a
local government district, that the local authority have failed to
exercise their powers under this Act in any case where these
powers ought to have been exercised; or97

(b) the Department are of opinion that an investigation should be
made as to whether any local authority have failed as aforesaid;98

the Department may cause a public local inquiry to be held and, if after
the inquiry has been held they are satisfied that there has been such a
failure on the part of the local authority, they may make an order
declaring the authority to be in default and directing them to exercise for
the purpose of remedying the default such of their powers, and in such
manner and within such time or times, as may be specified in the order.99

(2) If a local authority with respect to whom an order has been made under
the foregoing subsection fail to comply with any requirement thereof
within the time limited thereby for compliance with that requirement,
the Department, in lieu of enforcing the order, may, if they think fit,
make an order rendering exercisable by themselves such of the powers of
the local authority under this Act as may be specified in their order.100

Section 84 Housing Act 1955


Page 48 AT 5 of 1955 c

84 Provisions as to exercise by Department of powers of a local authority

[E1936/173]
(1) The following provisions of this section shall have effect in any case
where under the foregoing provisions of this Part of this Act the
Department have by order rendered exercisable by themselves any
powers of a local authority.101

(2) Any expenses incurred by the Department in exercising the said powers
shall be paid in the first instance out of moneys provided by Tynwald,
but the amount of those expenses as certified by the Department shall on
demand be paid by the local authority to the Department and shall be
recoverable as a debt due to the Crown.102

(3) The payment of any such expenses as aforesaid shall, to such extent as
may be sanctioned by the Department, be a purpose for which a local
authority may borrow money.103

(4) The Department may by order vest in and transfer to the local authority
any property, debts or liabilities acquired or incurred by them in
exercising the powers of the local authority, and that property and those
debts or liabilities shall vest and attach accordingly.104

85 Power to vary and revoke certain orders relating to defaults

[E1936/174]
In any case where under this Act an order has been made by the Department
rendering any powers or duties of a local authority exercisable by the
Department, the Department may at any time by a subsequent order vary or
revoke that order, but without prejudice to the validity of anything previously
done thereunder; and, when any order is so revoked the Department, may
either by the revoking order, or by a supplemental order, make such provision
as appears to be desirable with respect to the transfer, vesting and discharge of
any property, debts or liabilities acquired or incurred by the Department, in
exercising the powers or duties to which the order so revoked related.105

General Powers106

86 Power of relevant Department to prescribe forms and to dispense with

advertisements and notices

[E1936/176]
(1) A relevant Department may by regulations prescribe anything which by
this Act is to be prescribed by that Department and the form of any
notice, advertisement, statement or other document which is required or
authorised to be used under, or for the purposes of, this Act and which
relates to the function of that relevant Department under this Act.107

Housing Act 1955 Section 87


c AT 5 of 1955 Page 49

(2) The relevant Department may dispense with the publication of
advertisements or the service of notices required to be published or
served by a local authority under this Act, if they are satisfied that there
is reasonable cause for dispensing with the publication or service.108

(3) Any such dispensation may be given either before or after the time at
which the advertisement is required to be published or the notice is
required to be served, and either unconditionally or upon such
conditions as to the publication of other advertisements or the service of
other notices or otherwise as the relevant Department think fit, due care
being taken by them to prevent the interests of any persons being
prejudiced by the dispensation.109

87 Regulations to be laid before and approved by Tynwald

[E1936/177]
Regulations under this Act shall, so soon as may be after they are made, be laid
before Tynwald, and shall not come into force until approved by a resolution of
Tynwald.110

88 Inquiries and Orders

[1936/178]
(1) For the purpose of the execution of their powers and duties under this
Act a relevant Department may cause such inquiries to be held as they
may think fit.111

(2) [Repealed]112

89 Power of Department to obtain a report on any crowded area

[E1936/179]
If it appears to the Department that owing to density of population, or any other
reason, it is expedient to inquire into the circumstances of any area with a view
to determining whether any powers under this Act should be put into force in
that area or not, the Department may require the local authority to make a
report to them containing such particulars as to the population of the district
and other matters as they may direct, and the local authority shall comply with
the requirement of the Department, and any expenses incurred by them in so
doing shall be paid as expenses incurred in the execution of such Part of this Act
as the Department may determine.113

Section 90 Housing Act 1955


Page 50 AT 5 of 1955 c

90 [Repealed]
114

PART VIII - SUPPLEMENTAL

91 Powers of Act to be cumulative

[E1936/187]
All powers given by this Act shall be deemed to be in addition to and not in
derogation of any other powers conferred by Act of Tynwald, law, or custom,
and such other powers may be exercised in the same manner as if this Act had
not passed, and nothing in this Act shall exempt any person from any penalty to
which he would have been subject if this Act had not passed.
92 Interpretation

[E1936/188]
(1) In this Act, unless the context otherwise requires —
“Acquisition of Land Acts
” [Repealed]115

“apparatus
” means sewers, drains, culverts, watercourses, mains, pipes, valves,
tubes, cables, wires, transformers, and other apparatus laid down or used
for or in connection with the carrying, conveying or supplying to any
premises of a supply of water, water for hydraulic power, gas or
electricity, and standards and brackets carrying street lamps.
“Board
” [Repealed]116

“Board of Tynwald
” means —
(a) a Department;117

(b) the Manx Utilities Authority;118

(c) the Manx Museum and National Trust;
(d) [Repealed]119

(e) any other authority constituted by or under an Act of Tynwald
which is declared to be a Board of Tynwald for the purposes of
this Act by an order made by the Governor and approved by
Tynwald.120

“building byelaws
” [Repealed]121

“court
” means the Civil Division of the High Court of Justice exercising
summary jurisdiction.122

“the Department
” means the Department of Infrastructure.123

“flats
” and “block of flats
” [Repealed]124

Housing Act 1955 Section 92


c AT 5 of 1955 Page 51

“Government contribution
” means a contribution which the Treasurer is
required or authorised to make to a local authority out of moneys
provided by Tynwald under this Act.
“house
” includes any yard, garden, outhouses, and appurtenances belonging
thereto or usually enjoyed therewith.
“land
” includes any right over land.
“loan charges
” means, in relation to any borrowed moneys, the sums required
for the payment of interest on those moneys and for the repayment
thereof either by instalments or by means of a sinking fund.
“local authority
” means —
(a) within the Borough of Douglas the Mayor, Aldermen and
Burgesses of the Borough of Douglas;
(b) elsewhere within this Isle the Commissioners of any local
government district.
“Local Government Acts
” means the Local Government Acts, 1916 to 1975.125

“official representation
” means in the case of any local authority a
representation made to that authority by the medical officer or sanitary
inspector thereof or by the Isle of Man Medical Officer of Health.
“owner
” in relation to any building or land, means a person other than a
mortgagee not in possession, who is for the time being entitled to dispose
of the fee simple 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.
“relevant Department
” means the Department or the Department of
Environment, Food and Agriculture (as the case requires).126

“Rent Restrictions Acts
” means the Rent Restrictions Acts, 1948 to 1954.
“sanitary defect
”, in relation to a house means that—
(a) it is structurally unstable;
(b) its condition is prejudicial to the health, safety or welfare of the
occupants;
(c) it has inadequate provision for lighting, heating and ventilation;
(d) it does not have an adequate piped supply of wholesome water;
(e) it does not have satisfactory facilities for the preparation and
cooking of food, including a sink with a satisfactory supply of hot
and cold water;
(f) it does not have a suitably located water-closet for the exclusive
use of the occupants;
(g) it does not have, for the exclusive use of the occupants—
Section 93 Housing Act 1955


Page 52 AT 5 of 1955 c

(i) a suitably located fixed bath or shower; and
(ii) a suitably located wash-hand basin;
each of which is provided with a satisfactory supply of hot and
cold water;
(h) it does not have an effective system for the draining of foul, waste
and surface water; or
(i) it has inadequate paving or drainage to courts, yards, or passages,
and in consequence is not reasonably suitable for occupation;127

“Statutory undertakers
” means any persons authorised by any enactment or by
an order, rule or regulation made under an enactment, to construct, work
or carry on a railway, harbour, tramway, gas, electricity, water, public
sewerage or other public undertaking.128

“street
” includes any court, alley, passage, square, or row of houses, whether a
thoroughfare or not.
(2) For the purposes of any provisions of this Act relating to the provision of
housing accommodation, the expression “house
” includes, unless the
context otherwise requires, any part of a building which is occupied or
intended to be occupied as a separate dwelling.
(3) In determining for the purposes of this Act whether a house is fit for
human habitation, regard shall be had to the extent, if any, to which by
reason of disrepair or sanitary defects the house falls short of the
provisions of any byelaws in operation in the district dealing with the
construction and drainage of new buildings and the laying out and
construction of new streets.
93 Savings

[E1936/189]
(1) Nothing in this Act shall affect any order, byelaw, regulation or plan
made, charge effected, undertaking, notice, approval, certificate,
direction or determination given, or other thing done, under any
enactment repealed by this Act but any such order, byelaw, regulation,
plan, charge, undertaking, notice, approval, certificate, direction,
determination or thing shall, if in force at the commencement of this Act,
continue in force and shall, so far as it could have been made, effected,
given or done under this Act, have effect as if made, effected, given or
done under the corresponding provision of this Act.
(2) In this Act the expression “under this Act
”, whether in relation to any
land, houses or other property acquired, to any contribution, to any
housing or other operations, or in relation to any other matter or thing
made, given, effected or done, or right acquired, or obligation incurred,
and any other expression describing any matter or thing by reference to
this Act or to any enactment in this Act, shall be construed as including a
Housing Act 1955 Section 94


c AT 5 of 1955 Page 53

reference to any Act repealed by this Act, or to the corresponding
provision of any Act so repealed.
(3) Byelaws made by a local authority in pursuance of an obligation
imposed upon them by paragraph (iii) of subsection (1) of section ten of
the Housing Act, 1936, and confirmed before the commencement of this
Act, shall, to the extent to which they would have had effect if made and
confirmed under section two of this Act after the commencement of this
Act, have effect, as respects land in the clearance area affected, as if they
had been so made and confirmed and not otherwise.
(4) Any power conferred by this Act to make any order, byelaw or
regulation, shall be construed as including a power exercisable in the like
manner and subject to the like conditions, if any, to vary or revoke the
order, byelaw or regulation.
(5) Any document referring to any enactment repealed by this Act shall be
construed as referring to the corresponding provision of this Act.
94 [Repealed]
129

95 Short title and construction

[E1936/191]
This Act may be cited as the Housing Act, 1955.
96 Commencement

This Act shall come into operation when the Royal Assent thereto has been by
the Governor announced to Tynwald and a certificate thereof has been signed
by the Governor and the Speaker of the House of Keys.
Housing Act 1955 First Schedule



c AT 5 of 1955 Page 55

FIRST SCHEDULE
130

SECOND SCHEDULE
131

THIRD SCHEDULE
132

FOURTH SCHEDULE

Sections 28, 30, 35 [E. 1936/5th Schedule]
Number of Persons permitted to use a House for Sleeping.
For the purpose of Part III of this Act, the expression “the permitted number of

persons
” means, in relation to any dwelling-house, either —
(a) the number specified in the second column of Table I in the annex
hereto in relation to a house consisting of the number of rooms of
which that house consists; or
(b) the aggregate for all the rooms in the house obtained by
reckoning, for each room therein of the floor area specified in the
first column of Table II in the annex hereto, the number specified
in the second column of that Table in relation to that area;
whichever is the less:
Provided that in computing for the purposes of the said Table I the number of rooms in
a house, no regard shall be had to any room having a floor area of less than 50 square
feet.
ANNEX

TABLE I Where a house consists of —
(a) One room 2
(b) Two rooms 3
(c) Three rooms 5
(d) Four rooms 7 1/2
(e) Five rooms or more 10 with an additional 2
in respect of each room
in excess of five.

Fifth Schedule
Housing Act 1955


Page 56 AT 5 of 1955 c

TABLE II Where the floor area of a room is —
(a) 110 sq. ft. or more 2
(b) 90 sq. ft. or more, but less than 110 sq. ft. 1 1/2
(c) 70 sq. ft. or more, but less than 90 sq. ft. 1
(d) 50 sq. ft. or more, but less than 70 sq. ft. 1/2
(e) Under 50 sq. ft. Nil.
FIFTH SCHEDULE
133

Housing Act 1955 Endnotes


c AT 5 of 1955 Page 57

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
S 1 amended by SD155/10 Sch 3. 2
Ss 2 and 3 repealed by Housing (Miscellaneous Provisions) Act 1976 Sch 6. 3
S 4A inserted by Housing (Amendment) Act 1990 s 3. 4
S 5 repealed by Housing (Amendment) Act 1990 Sch 3. 5
Para (b) amended by GC192/86. 6
Subs (2) amended by SD155/10 Sch 3 and by Interpretation Act 1976 s 16A. 7
Subs (2) inserted by Housing (Miscellaneous Provisions) Act 2011 Sch 3. 8
Subs (3) inserted by Housing (Miscellaneous Provisions) Act 2011 Sch 3. 9
Subs (4) inserted by Housing (Miscellaneous Provisions) Act 2011 Sch 3. 10
Subs (5) inserted by Housing (Miscellaneous Provisions) Act 2011 Sch 3. 11
S 11 substituted by Housing (Amendment) Act 1990 Sch 2. 12
Subs (1) amended by Acquisition of Land Act 1984 Sch 4. 13
Subs (2) substituted by Acquisition of Land Act 1984 Sch 4 and amended by
SD155/10 Sch 3. 14
Subs (3) repealed by Acquisition of Land (Amendment) Act 2000 Sch. 15
Subs (2) amended by GC192/86, by SD155/10 Schs 3, 5 and 11 and by SD2015/0109. 16
S 18 repealed by Housing Act 1959 s 2. 17
Subs (1) amended by Acquisition of Land Act 1984 Sch 4. 18
Subs (2) repealed by Acquisition of Land Act 1984 Sch 5. 19
Subs (3) added by Housing Act 1959 s 3. Para (ii) substituted by Acquisition of Land
Act 1984 Sch 4. 20
Subs (4) added by Housing Act 1959 s 3 and amended by GC192/86, by SD155/10
Schs 3, 5 and 11 and by SD2015/0109.
Endnotes Housing Act 1955


Page 58 AT 5 of 1955 c

21
Para (a) amended by GC192/86, by SD155/10 Schs 3, 5 and 11 and by SD2015/0109. 22
S 23 repealed by Acquisition of Land (Amendment) Act 2000 Sch. 23
S 24 substituted by Acquisition of Land Act 1984 Sch 4 and amended by SD155/10
Sch 5 and by SD2015/0109. 24
S 25 amended by GC192/86, by SD155/10 Schs 5 and 11 and by SD2015/0109. 25
Subs (1) amended by SD155/10 Sch 5 and by SD2015/0109. 26
Subs (2) amended by SD155/10 Sch 5 and by SD2015/0109. 27
Subs (3) amended by Acquisition of Land Act 1984 Sch 4. 28
Para (a) amended by Acquisition of Land Act 1984 Sch 4. 29
Para (b) amended by SD155/10 Sch 5 and by SD2015/0109. 30
Subs (2) amended by SD155/10 Sch 3. 31
S 31 amended by SD155/10 Sch 3. 32
S 33 repealed by Statute Law Revision Act 1986 Sch 2. 33
Subs (1) amended by SD155/10 Sch 3. 34
Para (a) amended by Housing (Amendment) Act 1990 Sch 2. 35
Subs (2) amended by Housing (Amendment) Act 1990 Sch 2. 36
S 36A inserted by Statute Law Revision Act 1986 Sch 1. 37
S 37 amended by GC192/86. 38
Para (b) amended by GC192/86. 39
Subs (1) amended by Acquisition of Land Act 1984 Sch 4. 40
Subs (2) amended by Acquisition of Land Act 1984 Sch 4 and by GC192/86. 41
Subs (3) repealed by Acquisition of Land (Amendment) Act 2000 Sch. 42
Subs (4) added by Housing (Miscellaneous Provisions) Act 1976 Sch 6. 43
S 42 amended by GC192/86. 44
Pare (b) amended by GC192/86. 45
Para (c) amended by GC192/86. 46
Subs (3) amended by Housing (Miscellaneous Provisions) Act 1976 Sch 6. 47
Subs (3A) inserted by Housing (Miscellaneous Provisions) Act 1976 Sch 6 and
amended by GC192/86. 48
Subs (4) amended by GC192/86. 49
Subs (1) amended by GC192/86. 50
Subs (2) amended by GC192/86. 51
Subs (1) amended by GC192/86. 52
Subs (2) substituted by SD2015/0109. 53
Subs (2A) repealed by SD155/10 Sch 5. 54
Subs (3) amended by GC192/86, by SD155/10 Sch 11 and by SD2015/0109. 55
S 46 amended by SD155/10 Sch 5 and by SD2015/0109. 56
Subs (1) amended by GC192/86. 57
Subs (1A) inserted by Housing (Miscellaneous Provisions) Act 2011 Sch 3. 58
Subs (2) substituted by Housing (Miscellaneous Provisions) Act 2011 Sch 3. 59
S 47A inserted by Housing (Miscellaneous Provisions) Act 2011 Sch 3. 60
Subs (1) amended by GC192/86.
Housing Act 1955 Endnotes


c AT 5 of 1955 Page 59

61
Subs (2) amended by Housing (Amendment) Act 1990 Sch 3. 62
Subs (1) repealed by Housing (Miscellaneous Provisions) Act 1976 Sch 7. 63
Subs (2) amended by GC192/86. 64
Subs (3) amended by GC192/86. 65
S 51A repealed by SD2015/0109. 66
Subs (1) amended by Treasury Act 1985 Sch 2, by GC192/86, by SD155/10 Sch 11 and
by SD2015/0109. 67
Subs (2) amended by Governor’s General Functions (Transfer) Act 1980 Sch 1, by
GC192/86, by SD155/10 Sch 11 and by SD2015/0109. 68
Para (a) amended by Treasury Act 1985 Sch 2 and by GC192/86. 69
S 53 amended by GC192/82. Para (b) amended by Governor’s General Functions
(Transfer) Act 1980 Sch 1, by Treasury Act 1985 Sch 2 and by GC192/86. 70
S 54 amended by Treasury Act 1985 Sch 2 and by GC192/86. 71
S 55 amended by Treasury Act 1985 Sch 2. 72
S 56 amended by Treasury Act 1985 s 7 and Sch 2, by GC192/86, by SD155/10 Sch 11
and by SD2015/0109. 73
Subs (2) amended by GC192/86. 74
S 59 amended by Treasury Act 1985 Sch 2 and by GC192/86. 75
S 60 amended by GC192/86. 76
Part VI heading amended by SD155/10 Sch 3 and by SD2014/08. 77
Subs (1) amended by GC192/86. 78
Subs (2) amended by GC192/86. 79
Subs (3) repealed by SD2015/0109. 80
Subs (1) amended by Governor’s General Functions (Transfer) Act 1980 Sch 2 and by
GC192/86. 81
Para (a) amended by Governor’s General Functions (Transfer) Act 1980 Sch 1 and by
GC192/86. 82
Para (b) amended by Governor’s General Functions (Transfer) Act 1980 Sch 2 and by
GC192/86. 83
Subs (1) amended by SD155/10 Sch 5 and by SD2015/0109. 84
Para (a) amended by Governor’s General Function (Transfer) Act 1980 Sch 1 and by
GC192/86. 85
Para (b) amended by SD155/10 Sch 5 and by SD2015/0109. 86
Subs (1) amended by GC192/86. 87
Subs (1) amended by GC192/86. 88
Subs (1A) repealed by SD2015/0109. 89
Subs (1) repealed by Acquisition of Land Act 1984 Sch 5. 90
Subs (2) amended by GC192/86. 91
S 71 repealed by Housing (Amendment) Act 1990 Sch 3. 92
Para (c) amended by GC192/86 and by SD155/10 Schs 3, 5, 6 and 11. 93
S 72 amended by GC192/86 and by SD155/10 Schs 3, 5, 6 and 11. 94
S 73 amended by GC192/86 and by SD155/10 Sch 11.
Endnotes Housing Act 1955


Page 60 AT 5 of 1955 c

95
Subs (1) amended by Housing (Amendment) Act 1990 Sch 3. 96
Ss 80 to 82 repealed by Housing (Amendment) Act 1990 Sch 3. 97
Para (a) amended by GC192/86. 98
Para (b) amended by GC192/86. 99
Subs (1) amended by GC192/86. 100
Subs (2) amended by GC192/86. 101
Subs (1) amended by GC192/86. 102
Subs (2) amended by GC192/86. 103
Subs (3) amended by GC192/86. 104
Subs (4) amended by GC192/86. 105
S 85 amended by GC192/86. 106
Heading amended by SD155/10 Sch 11. 107
Subs (1) substituted by SD155/10 Sch 11. 108
Subs (2) amended by GC192/86 and by SD155/10 Schs 3, 5, 6 and 11. 109
S 86 amended by SD155/10 Schs 3, 5 and 11. Subs (3) amended by GC192/86 and by
SD155/10 Schs 3, 5, 6 and 11. 110
S 87 amended by GC192/86 and by SD155/10 Sch 11. 111
Subs (1) amended by GC192/86 and by SD155/10 Schs 5, 6 and 11. 112
Subs (2) repealed by Local Government Act 1985 Sch 6. 113
S 89 amended by GC192/86, by SD155/10 Sch 11 and by SD2015/0109. 114
S 90 repealed by Local Government and Housing Act 1970 s 3. 115
Definition of “Acquisition of Land Acts” repealed by Acquisition of Land Act 1984
Sch 5. 116
Definition of “Board” repealed by GC192/86. 117
Para (a) substituted by Statute Law Revision Act 1992 Sch 1. 118
Para (b) substituted by SD2014/06. 119
Para (d) repealed by SD2014/06. 120
Definition of “Board of Tynwald” substituted by Miscellaneous Provisions Act 1986
s 4. 121
Definition of “building byelaws” repealed by SD155/10 Sch 11. 122
Definition of “court” amended by SD352/09. 123
Definition of “the Department” substituted by SD2015/0109. 124
Definitions of “flat” and “block of flats” repealed by Housing (Miscellaneous
Provisions) Act 1976 Sch 6. 125
Definition of “Local Government Acts” amended by Housing (Miscellaneous
Provisions) Act 1976 Sch 6. 126
Definition of “relevant Department” substituted by SD2015/0109. 127
Definition of “sanitary defect” substituted by Housing (Miscellaneous Provisions)
Act 2011 Sch 3. 128
Definition of “Statutory undertakers” amended by Flood Risk Management Act 2013
s 83. 129
S 94 repealed by Statute Law Revision Act 1983 Sch 2.
Housing Act 1955 Endnotes


c AT 5 of 1955 Page 61

130
Sch 1 repealed by Acquisition of Land Act 1984 Sch 5. 131
Sch 2 repealed by Housing Act 1959 s 2. 132
Sch 3 repealed by Acquisition of Land (Amendment) Act 2000 Sch. 133
Sch 5 repealed by Statute Law Revision Act 1983 Sch 2.