Bermuda Housing Act 1980

ble for Health may make regulations prescribing minimum standards in respect of any matter set out in subsection (1).

(3) If in any dwelling any of the matters set out in subsection (1) is defective in that it fails to comply with a standard prescribed by the Minister by virtue of subsection (2) then the dwelling shall be deemed to be unfit for human habitation.

(4) If in any dwelling any of the matters set out in subsection (1) is defective and the Minister has prescribed no standard in respect of that matter then the dwelling shall be deemed to be unfit for human habitation if because of the defect or defects it is not reasonably suitable for occupation.

(5) Regulations made under subsection (2) shall be subject to negative resolution procedure.

PART II

THE BERMUDA HOUSING CORPORATION

Bermuda Housing Corporation

4 (1) There shall continue to be an authority called the Bermuda Housing Corporation which with effect from 30 July 1980 shall have the constitution, powers and duties provided for in this Act.

(2) The Corporation shall continue to have perpetual succes sion and shall continue to use its common seal and may continue to sue and be sued in its corporate name.

Corporation subject to directions of Minister

5 (1) The Corporation in the exercise of its functions shall be subject to any general or particular directions given to it by the Minister.

(2) Without prejudice to any provision of law relating to the del egation of any power or duty of a Minister to a public officer, the Minister may delegate his power under subsection (1) to the Permanent Secretary for the Department of Works and Engineering.

Board of directors

6 (1) The governing body of the Corporation shall be a board of directors (hereinafter referred to as the Board) consisting of a Chairman and Vice-Chairman appointed by the Minister, the three ex-officio mem bers set out in the First Schedule and not less than seven or more than eleven further members appointed by the Minister, who together with the Chairman and Vice-Chairman are hereinafter referred to as the ap pointed members.

(2) Subject to any directions given by the Minister the Board shall have the sole management of the property, income and funds of the Corporation and of all the affairs and concerns thereof.

(3) No person shall be appointed or remain as an appointed di rector�

(a) if he has been or is declared bankrupt or insolvent un der the law of any country and has not been discharged or rehabilitated or if he has made a composition with his creditors and has not paid his debts in full;

(b) if he is incapacitated by physical or mental illness or in firmity so as to be unfit to perform his duties as a direc tor;

(c) if he has been sentenced to imprisonment without the option of a fine or has been convicted of an offence in volving dishonesty; or

(d) if he has such financial or other interest, whether in the operations of the Corporation or otherwise, as in the opinion of the Minister is likely to affect prejudicially the performance of his functions as a director.

(4) Before appointing any person as a director the Minister shall require him to declare, in such particularity as the Minister may require, the nature and extent of any interest which he may have either directly or indirectly in�

(a) any land or buildings in Bermuda;

(b) any business which makes loans for the purpose of buying or leasing land or buildings; and

(5) Any appointed director shall forthwith declare to the Minis ter any interest or change of interest which he may acquire or change either directly or indirectly in any land or building or business referred to in subsection (4).

(6) The affairs and proceedings of the Board shall be regulated in the manner set out in the First Schedule.

The General Manager

7 (1) The executive officer of the Corporation shall be the General Manager who shall be appointed by the Board with the approval of the Minister and whose services shall not be terminated by the Board save with like approval.

(2) The remuneration, emoluments, terms and period of service of the General Manager shall be fixed by the Board with the approval of the Minister and shall not be altered save with like approval.

(3) The General Manager shall be responsible for the day to day management of the Corporation and subject to the directions of the Board shall be responsible for the carrying out of the functions of the Board.

Staff of the Corporation

8 (1) The Corporation shall employ such staff as may be neces sary for the proper carrying out of its functions and such staff shall be employed on such terms as the Board may either determine generally or in a particular case.

(2) The Government may at the request of the Corporation sec ond to it any public officer or other Government employee on such terms and conditions as may be agreed.

(3) The Corporation shall be responsible for the payment of the salaries and wages and for the cost of all emoluments of the General Manager and other staff of the Corporation including those of any public officers or other Government employees seconded to the service of the Corporation.

(4) If any person in Government employment in a pensionable office is seconded to the Corporation then for the purposes of computing the time and amount of his service for the purposes of his Government pension the period of his secondment shall be deemed to be service in his pensionable office.

(5) The Minister may require the Corporation to pay into the Consolidated Fund such amounts as he may determine to reimburse the Government in respect of pensions payable by the Government to public officers who have been seconded to the Corporation under this section.

(6) The Minister of Finance may by order apply all or any of the provisions of any enactment relating to the payment to public officers of pensions or superannuation benefits to all or any of the officers and staff of the Corporation and may make such application subject to such con ditions as he considers proper.

General functions of the Corporation

9 (1) The Corporation may either by itself or in conjunction with other persons�

(a) acquire or build dwellings;

(b) build, develop or manage housing estates or housing schemes;

(c) acquire, build, develop or manage premises other than dwellings which in the opinion of the Corporation will improve any housing estate or housing scheme;

(d) acquire, construct, develop or manage community facili ties including recreational areas in conjunction with any housing estate or housing scheme;

(e) develop land and construct or lay out street roads and open spaces in connection with any housing estate or housing scheme;

(f) if requested by the Minister provide and manage dwellings for public servants and Government employ ees;

(g) repair and improve dwellings; and

(h) demolish buildings.

(2) The Minister may require the Corporation generally to carry out any of the functions mentioned in subsection (1) or may in a partic ular case require the Corporation to carry out any such function.

(3) In addition to the functions mentioned in subsection (1) the Minister may require the Corporation to undertake other functions re lated to the construction, repair or management of dwellings.

(4) In exercise of its functions the Corporation shall subject to the other provisions of this Act have the powers set out in the Second Schedule.

Functions of the Corporation in relation to housing associations

10 In addition to its other functions the Corporation shall�

(a) promote and assist the development of housing associa tions;

(b) facilitate the proper exercise and performance of the functions and publicise the aims and principles of
housing associations;

(c) establish and maintain a register of housing associations and exercise control over registered housing associations and to such an extent as the Minister may require, act as his agent with respect to the consideration of appli cations for and the payment of loans to registered housing associations; and

(d) undertake, to such an extent as the Corporation consid ers desirable the provision by construction, improve ment, conversion or acquisition of dwellings for letting or sale to registered housing associations.

Acquisition, development and rehabilitation of land by the Corpora tion

11 (1) The Corporation may for the purpose of carrying out any of its functions under this Act subject to any directions or conditions that the Minister may make�

(a) acquire land or buildings by purchase, lease, exchange or gift; and

(b) make or guarantee loans as provided in Part V.

(2) The Minister responsible for public land may, by order pub lished in the Gazette�

(a) subject to subsection (3) vest in the Corporation any land the property of the Crown either absolutely or for a term of years and with such reservations and subject to such conditions as may be agreed with the Minister as may be specified in the order; or

(b) transfer to the Corporation the management and control of any buildings the property of the Crown, for such pe riod and subject to such conditions as may be specified in the order.

(3) The vesting in the Corporation of any land the property of the Crown shall be subject to the approval of both Houses of the Legis lature.

Provision of dwellings and clearance, management and development of land

12 (1) The Corporation may undertake the construction, adapta tion or improvement of dwellings on any land belonging to them.

(2) The Corporation may clear any land belonging to them and carry out any other work on the land to prepare it as a building site or estate, including the laying out and construction of streets or roads and open spaces and the provision of sewerage facilities and supplies of elec tricity, gas and water.

(3) The Corporation shall have power to repair, maintain and insure any buildings or works for the time being on any land belonging to them and generally to deal in the proper course of management with any such land and any such buildings or works and to charge for the tenancy or occupation thereof.

(4) Without prejudice to subsection (3) above, the Corporation may carry out such operations on, and do any other such things in rela tion to, land belonging to them as appear to them to be conducive to fa cilitating the provision or improvement of dwellings on the land, whether by the Corporation themselves, or by a registered housing association.

(5) The Corporation may acquire, lease or rent premises for its own use in carrying out its functions under this Act.

(6) In the exercise of their powers under subsection (4) above, the Corporation may carry out any development ancillary to or in con nection with the provision of dwellings including development which makes provision for any building or land intended for use for commer cial, recreational or other non-domestic purposes.

Disposal of land and buildings by the Corporation

13 (1) Subject to this section the Corporation may dispose of land or buildings with the consent of the Minister subject to such conditions as he may either generally or in a particular case require.

(2) The Corporation in its discretion may mortgage any land or building or lease any land or buildings for a period of not more than thirty-five years.

(3) Any lease or letting in which there is an option of renewal that would increase the period to more than thirty-five years shall be deemed to be a lease or letting for more than thirty-five years.

(4) The Corporation may dispose of any building or land in tended for use for commercial, recreational or other non-domestic pur poses in respect of which development has been carried out by virtue of section 12(6); but no such building or land may be disposed of for less than the best consideration it is likely to command except with the con-

(2) Subject to such directions as to form as the Minister may direct, the Corporation shall prepare in respect of each financial year, a statement of account which shall include�

(a) a balance sheet, a statement of income and expenditure and a statement of surplus or deficit; and

(b) such other information in respect of the financial affairs of the Corporation as the Minister may require.

(3) The books and accounts of the Corporation shall be audited within a period of four months after the end of each financial year by the Auditor, or an auditor appointed by him.

Auditor to report to the Minister

24 The Auditor shall report annually to the Minister the results of his examination of the accounts of the Corporation and the report shall state whether in his opinion�

(a) proper books of account have been kept by the ac counting officer; and

(b) the financial statement of the Corporation�

(i) was prepared on a basis consistent with that of the preceding year and is in agreement with the books of account;

(ii) in the case of a balance sheet gives a true and fair view of the state of the Corporation's affairs as at the end of the financial year; and

(iii) in the case of the revenue or income and expen diture gives a true and fair view of the income and expenditure or profit and loss account of the Corporation for the financial year,

and the Auditor shall call the attention of the Minister to any other mat ter falling within the scope of his examination which in his opinion should be brought to the attention of the Legislature.

Annual report

25 (1) The Corporation shall, as soon as practicable, and in any case not later than six months after the termination of each financial year, submit an annual report to the Minister on the activities of the Corporation.

(2) The Minister shall as soon as practicable after receiving the report of the Corporation, lay such report before both Houses of the Leg islature and such report shall be accompanied by the report of the Au ditor made under section 24.

PART III

HOUSING ASSOCIATIONS

The register of housing associations

26 (1) There shall be a register of housing associations which shall be established and maintained by the Corporation and in which the Cor poration may register any housing association which fulfills the condi tions set out in subsection (2).

(2) The conditions referred to in subsection (1) are that the housing association does not trade for profit and is established for the purpose of, or has among its objects or powers those of, providing, con structing, improving or managing�

(a) dwellings to be kept available for letting; or

(b) dwellings for occupation by members of the association where the rules of the association restrict membership of the association to persons entitled or prospectively enti tled, whether as tenants or otherwise, to occupy a dwelling provided or managed by the association,

and that, if the association has any additional purposes or objects, it has none which are not mentioned in subsection (3).

(3) The additional purposes or objects referred to in subsection (2) above are those�

(a) of providing land or buildings for purposes connected with the requirements of the persons occupying the dwellings provided or managed by the association; and

(b) of providing amenities or services for the benefit of those persons, either exclusively or together with other per sons.

(4) In addition to the conditions set out in subsections (2) and (3) the Corporation shall not register any housing association the rules of which are not in conformity with the model rules prescribed by the Min ister by virtue of subsection (5).

(5) The Minister shall by regulations prescribed model rules for housing associations. Such regulations shall be subject to negative res olution procedure.

Control by Corporation of disposition of land by housing association

27 (1) A registered housing association shall not sell, lease, agree to lease, mortgage, charge or otherwise deal in any land in respect of which it has received a loan from the Corporation or the Government, and any part of which is outstanding.

(2) Subsection (1) shall not apply to leases or tenancies for a period of seven years or less.

(3) A lease or a tenancy which may be renewed so that its total period if renewed will exceed seven years shall be deemed to be a lease or tenancy for more than seven years.

Removal of housing association from the register

28 (1) The Corporation may remove a registered housing associa tion from the register if�

(a) it has either ceased to exist or operate; or

(b) if it is not fulfilling the conditions set out in section 26 subject to which it was registered.

(2) The Corporation before removing any association from the register shall give it fourteen days notice of its intention and shall give it an opportunity of being heard prior to its name being removed from the register.

(3) Any housing association removed from the register may within thirty days of being notified of the removal appeal to the Supreme Court which may confirm the decision of the Corporation or may allow the association to remain on the register subject to such conditions as it may impose.

(4) Pending the hearing of an appeal under subsection (3) the name of the association shall remain on the register.

(5) Where a housing association is removed from the register the Minister shall appoint an administrator to manage the affairs of the association.

(6) An administrator appointed under subsection (5) shall be solely responsible for the affairs of the association and shall have all the powers of the managing body of the association but shall not be person ally liable for the acts or defaults of the association.

(7) An administrator shall in his discretion so soon as is practi cable having in mind the interests of the occupiers of dwellings belonging to or under the control of the association either wind up the association or return the management of the association to its managing body.

(8) The appointment of an administrator under this section shall not affect any rights or obligations of the association.

(9) Any notice may be served on a housing association at its address last known to the Corporation.

PART IV

GENERAL IMPROVEMENT AREAS

Declaration of general improvement areas

29 (1) Where a report is submitted to the Minister with respect to a predominantly residential area which may include one or more dwellings by a person or persons appearing to him to be suitably quali fied, whether or not that person or those persons are employed by the Government, and it appears to him upon consideration of the report and any other information in his possession that living conditions or means of access in the area are in need of improvement the Minister may by or der cause the area to be defined on a map and declare it to be a general improvement area.

(2) An order under this section shall be published in the Gazette.

General powers exercisable by the Minister in areas declared to be general improvement areas

30 (1) Where the Minister has declared an area to be a general im provement area he may in such area�

(a) acquire any land or building either by agreement or by compulsory purchase under the Acquisition of Land Act 1970 [title 19 item 2];

(b) serve notices under sections 31 and 32 on any person having control of any land or building;

(d) initiate proceedings under section 56 to settle the own-
ership or title to any land or building; or

(e) order the vacation under section 43 of any building;

(f) appoint any authority or person to act on his behalf; or

(g) sell, let or otherwise dispose of any land or building owned or acquired by the Government.

(2) Where the Minister decides by virtue of subsection (1) to ac quire any land or building the Acquisition of Land Act 1970 [title 19 item 2] shall for the purposes of such acquisition be varied in the following manner�

(a) the Minister referred to in this Act shall have all the powers of the Minister referred to in that Act;

(b) section 2(1) of that Act shall include a power to acquire land or buildings, for the purposes of this Act and if the Minister so wishes to transfer such land or buildings to the Corporation or to any other person;

(c) for the purposes of paragraph (iv) of section 14(2) if the house was overcrowded it shall be deemed to have been in a condition detrimental to the health of the occu pants; and

(d) section 23 of that Act shall not apply.

(3) Where the Minister decides by virtue of subsection (1) to ac quire any land or buildings if all the persons who within his knowledge have an interest in the land or building are willing to sell the land or building but he is unable to agree the amount of compensation payable to any of such persons, then the Minister may instead of proceeding to compulsory purchase agree with the interested parties to settle the amount of compensation payable to such persons by means of a submis sion under the Arbitration Act 1986 [title 8 item 75].

Preliminary notice of proposals for improvement of dwelling

31 (1) At any time after publication of a notice of the declaration of a general improvement area the Minister, if satisfied that a dwelling in the area�

(a) is for the time being occupied; and

(b) is unfit for human habitation but is capable of improve ment at reasonable expense to be made fit for human habitation; and

(c) after being so improved will be in such condition as to be fit for human habitation, and will be likely, subject to normal maintenance, to remain in that condition for a period of not less than fifteen years,

may serve a notice (hereinafter referred to as "a preliminary notice") on the person having control of the dwelling�

(i) specifying the works which in his opinion are required for the dwelling to be improved so as to be fit for human habitation; and

(ii) stating the date, being a date not less than twenty-one days after service of the preliminary notice and time and place at which the future use of the dwelling, the Minister's proposals for the carrying out of the works, any alternative proposals, and the views and interests of any person occupying the premises and any other matters may be discussed.

(2) The Minister shall, not less than twenty-one days before the date so stated in the preliminary notice in addition to serving the notice on the person having control of the dwelling, serve a copy of the notice on the person occupying the premises if he is not the person in control of the premises and on every other person who, to his knowledge, is an owner, lessee or mortgagee of the dwelling, and such persons shall be entitled to be heard when the Minister's proposals are discussed in ac cordance with the notice.

(3) The discussions referred to in subsection (2) shall be infor mal and may take place on the premises or at any other suitable place.

Improvement notice

32 (1) After the service of a preliminary notice, the Minister shall take into consideration all representations made on or before the occa sion when his proposals with respect to the dwelling are discussed in ac cordance with the preliminary notice and, in particular, any representa tions with respect to the nature of the works proposed by him for im proving the dwelling.

(2) At any time after the occasion when the Minister's proposals are so discussed, but not more than six months after the passing of the resolution declaring the area to be a general improvement area, the Min ister may, if satisfied that the dwelling still falls within section 31(1)(b) and (c), serve a notice (hereinafter referred to as "an
improvement no tice") on the person having control of the dwelling.

(3) In addition to serving the notice on the person having con trol of the dwelling, the Minister shall at the same time serve a copy of the notice on the person occupying, if he is not the person in control of the dwelling, and on every other person who is to his knowledge an owner, lessee or mortgagee of the dwelling.

(4) The improvement notice shall specify the works which in the opinion of the Minister are required to improve the dwelling so as to make it fit for human habitation.

Requirements of an improvement notice

33 The Minister shall in an improvement notice require the person having control of the dwelling to carry out the works specified in the im provement notice within twelve months from the date when the im provement notice becomes operative or such longer period as the Minis ter by permission given in writing may from time to time allow.

Dwellings outside improvement areas

34 (1) A person occupying a dwelling which is not in an improve ment area and which is unfit for human habitation, may make repre sentations in writing to the Minister with a view to the exercise by the Minister of his powers under this section.

(2) The Minister shall notify the person having control of the dwelling of any representations so made.

(3) If on taking the representations into consideration the Min ister is satisfied�

(a) that the person making representations with a view to the exercise by the Minister of his powers under this section is a person lawfully occupying the dwelling; and

(b) that the dwelling is capable of being made fit for human habitation at reasonable expense; and

(c) that, having regard to all the circumstances, the dwelling ought to be improved so as to be fit for human habita tion and that it is unlikely that it will be so improved unless the Minister exercises his powers under this sec tion; and

(d) that the dwelling after being so improved will be in such condition as to be fit for human habitation, and will be likely, subject to normal maintenance, to remain in that condition and available for use as a dwelling for a period of not less than fifteen years,

the Minister may serve a preliminary notice, pursuant to section 31, on the person having control of the dwelling, and shall serve a copy of any preliminary notice so served on the occupier, if not the person in control of the dwelling, and on every other person who is to the knowledge of the Minister an owner, lessee or mortgagee of the dwelling; and such per sons, shall be entitled to be heard when the Minister's proposals are dis cussed in accordance with the notice.

(4) If the Minister decides not to serve a preliminary notice un der this subsection he shall notify the occupier of the dwelling of his de cision and, if the occupier so requests, shall give him a written statement setting out his reasons for making his decision.

(5) After the service of a preliminary notice under subsection (3) in respect of a dwelling referred to in that subsection the provisions of this Act relating to buildings in general improvement areas shall apply to such dwelling as if it was in a general improvement area.

Acceptance of undertakings to carry out works

35 (1) The Minister may at any time before an improvement notice has been served in respect of a dwelling which is unfit for human habi tation accept from the person having control of the dwelling, or from any other person having an estate or interest in the dwelling, an undertaking in writing to improve the dwelling so as to be fit for human habitation.

(2) The undertaking shall specify the works agreed to be car ried out, and the period within which they are to be carried out.

(3) If the Minister has accepted an undertaking under this sec tion as respects a dwelling he shall not serve an improvement notice as respects that dwelling�

(a) unless any of the works specified in that undertaking are not carried out within the period so specified, or within such longer period as the Minister may by permission in writing have allowed; or

(b) unless the Minister is satisfied that, owing to a change of circumstances since the undertaking was accepted by him, the undertaking is unlikely to be fulfilled.

(4) An improvement notice as respects a dwelling in relation to which the Minister has accepted an undertaking under this section
may, be served at any time within two years from the end of the period speci fied in the undertaking or, if the Minister has allowed a longer period, from the end of that longer period.

(5) Before accepting an undertaking under this section, the Minister shall satisfy himself that the person giving the undertaking has a right to carry out the works specified in the undertaking as against all other persons interested in the dwelling, except so far as, under section 41(1) or (2), he may be enabled to carry out those works without the req uisite consent; and if the dwelling is for the time being occupied there must be incorporated in the undertaking a note of the views of the per son so occupying the dwelling, on the carrying out of the works specified in the undertaking, signed by such person.

(6) The Minister shall discharge an undertaking if at any time he considers that the dwelling no longer falls within section 31(1)(b) or (c), and may discharge an undertaking under this section in any other case.

The discharge of the undertaking shall be effected by serving notice of the discharge on the person who gave the undertaking, and the Minister shall serve a copy of the notice on the occupier of the dwelling, if differ ent from that person and on every other person who, to the knowledge of the Minister is an owner, lessee or mortgagee of the dwelling.

General provisions as to improvement notices

36 (1) Any improvement notice shall, if no appeal is brought against the improvement notice under section 37, become operative on the expiration of six weeks from the date of the service of the improve ment notice on the person having control of the dwelling or other premises; and any improvement notice against which an appeal is so brought shall, if and so far as it is confirmed by the court, become oper ative on the final determination of the appeal.

(2) For the purposes of subsection (1) the withdrawal of an ap peal shall be deemed to be the final determination thereof, having the like effect as a decision confirming the improvement notice or decision appealed against.

(3) An improvement notice shall, subject to the right of appeal conferred by section 37, be final and conclusive as to any matters which could be raised on any such appeal.

(4) Without prejudice to the provisions of this Act making it the duty of the Minister to withdraw an improvement notice in specified cir cumstances, the Minister may, if he thinks fit, at any time withdraw any improvement notice.

The withdrawal shall be effected by serving notice of the withdrawal on the person having control of the dwelling and on the occupier of the dwelling, if different from the person having control of the dwelling and on every person who, to his knowledge, is an owner, lessee or mortgagee of the dwelling or other premises.

Appeal against improvement notice

37 (1) Within six weeks from the service on the person having control of the premises of an improvement notice, any such person or any other person having an estate or interest in the premises, other than a person whose only estate or interest is as a tenant occupying the premises, may appeal to a court of summary jurisdiction against the im provement notice.

(2) The grounds of the appeal may be all or any of the follow ing�

(a) that it is not practicable to comply with the requirements of the improvement notice at reasonable expense, regard being had to the estimated cost of the works and the value which it is estimated that the dwelling or other premises will have when the works are completed;

(b) that the Minister has refused unreasonably to approve the execution of alternative works, or that the works specified in the notice are otherwise unreasonable in character or extent;

(c) that the dwelling, or any of the dwellings in the premises, is not, or is no longer unfit for human habita tion, or that the dwelling or other premises after being improved would not be in such condition as to be fit for human habitation, and likely, subject to normal mainte nance, to remain in that condition and available for use as living accommodation for a period of not less than fifteen years;

(d) that some person other than the appellant will as the holder of an estate or interest in the dwelling or other premises, derive a benefit from the execution of the works and that that person ought to pay the whole or part of the cost of the execution of the works;

(e) that the improvement notice is invalid on the ground
that any requirement of this Act has not been complied with or on the ground of some informality, defect or error in or in connection with the improvement notice.

(3) In so far as an appeal under this section is based on the ground that the improvement notice is invalid, the court shall confirm the improvement notice unless satisfied that the interests of the appel lant have been substantially prejudiced by the facts relied on by him.

(4) On any appeal under this section the court may, subject to subsection (6), make such order either confirming or quashing or varying the improvement notice as the court thinks fit.

(5) On any appeal under this section the court may, if the court thinks fit, accept from an appellant or any other party to the proceedings an undertaking to carry out the works specified in the improvement no tice, or any such works as might have been so specified if the court exer cised its jurisdiction to vary the improvement notice; and any undertak ing accepted by the court shall have the same effect as if it had been given to and accepted by the Minister under this Part of this Act, and had not been given to the court.

(6) Where the grounds on which an appeal under this section is brought include the grounds specified in subsection (2)(d), the court may on the hearing of the appeal make such order as it thinks fit with respect to the payment to be made by that other person to the appellant or, where the works are carried out by the Minister, to the Minister.

(7) If an improvement notice is quashed by the court, the court may, if it thinks fit, and subject to compliance by the Minister with such terms and conditions as the court thinks fit to impose, extend the time within which, under section 31(2), he may serve a further improvement notice in respect of the dwelling.

(8) "Tenant" for the purpose of subsection (1) shall mean any person who is in occupation of premises without a lease or if with a lease if the lease has less than five years to run. No account shall be taken in reckoning five years of any right to renewal of the lease.

Enforcement of improvement notices and undertakings to carry out works

38 (1) If the works to be carried out in compliance with an im provement notice, or an undertaking accepted under this Act, have not been carried out in whole or in part within the period specified in the notice or undertaking, or within any further period which the Minister has by permission given in writing allowed, or within any period allowed by a court on appeal or agreed in a court on appeal the Minister may himself do the work which has not been completed.

(2) If before the expiration of the period mentioned in the fore going subsection the person who is for the time being the person having control of the dwelling or who is bound by the undertaking notifies the Minister in writing that he does not intend or is unable to do the work in question, the Minister may, if he thinks fit, do the work before the expi ration of the said period.

(3) Not less than twenty-one days before beginning to do the work, the Minister shall serve notice of his intention on the occupier of the dwelling, on the person having control of the dwelling and on every other person who is to the knowledge of the Minister an owner, lessee or mortgagee of the dwelling.

Recovery of expenses incurred by Minister on default under im provement notice

39 (1) Any expenses reasonably incurred by the Minister under section 38 in carrying out works may, except so far as they are by any direction of the court on appeal recoverable under an order of the court, be recovered by him by action from the person on whom the improve ment notice was served or when was bound by an undertaking, as the case may be:

Provided that if such person proves that he�

(a) was only properly served with the notice or gave the un dertaking as being an agent or trustee for some other person; and

(b) does not have, and since the date of the service on him of the demand has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the Minister,

his liability shall be limited to the total amount of the money which he has, or has had, in his hands as aforesaid.

(2) If the person served with an improvement notice was only properly served as being an agent or trustee for some other person, or gave the undertaking on behalf of such person the said expenses may be recovered by the Minister under subsection (1) either from him or from that other person, or as to part from him and as to the remainder from that other person.

(3) Expenses recoverable by the Minister under subsection (1) shall carry interest at the statutory rate fixed by the Interest and Credit
Charges (Regulation) Act 1975 [title 17 item 22].

A demand for the expenses so recoverable, together with interest so payable shall be served on the person on whom the improvement notice was served, or who gave the undertaking and interest shall be payable from the date when the demand is so served until payment.

(4) The amount of any expenses and interest thereon due to the Minister under this section shall, as from the date when the demand un der subsection (3) becomes operative, be a charge on the premises in re spect of which the expenses were incurred, and on all estates and inter ests in those premises, and the Minister shall for the purpose of enforc ing that charge have all the same powers and remedies otherwise as if he was a mortgagee by deed having powers of sale and lease, or accepting surrenders of leases and or appointing a receiver.

The power of appointing a receiver under this subsection shall be exer cisable at any time after the expiration of one month from the date when the said demand becomes operative.

(5) On the date on which the Minister under subsection (3) serves a demand for expenses incurred by him, he shall also serve a copy of the demand on any person who is to his knowledge an owner or lessee or mortgagee of the dwelling or other premises to which the improvement notice or undertaking relates; and within twenty-one days from that date any person may appeal to a court of summary jurisdiction against the demand.

On the appeal no question may be raised which might have been raised on an appeal against the improvement notice.

(6) Any such demand shall, if no appeal is brought under sub section (5), become operative on the expiration of twenty-one days from the date of service of the demand; and any such demand as respects which an appeal is so brought shall, if and so far as it is confirmed on appeal, become operative on the final determination of the appeal.

For the purposes of this subsection the withdrawal of an appeal shall be deemed to be a final determination thereof having the like effect as a decision confirming the demand appealed against.

(7) Any such demand shall, subject to the right of appeal con ferred by subsection (5), be final and conclusive as to any matters which can be raised on such an appeal.

Adjustment of relations between lessors and lessees

40 (1) Where a person who incurs expenditure in complying with an improvement notice is a landlord of the premises to which the notice relates, he may apply to a court for an increase of the rent payable by the tenant and the court, after giving to the tenant and any sub-tenant an opportunity of being heard, and having regard to the amount of the ex penditure, to any transfer of the burden of the expenditure from the lessor to any other person and to all the other circumstances, may, if the court thinks fit, make such an order for the variation of the rent payable by the tenant and any sub-tenant as will in the opinion of the court af ford an appropriate return in respect of the expenditure.

(2) For the purpose of subsection (1) "court" shall mean in the case of premises the rent of which is controlled by any Act the authority under that Act responsible for fixing or controlling rents and in any other case a court of summary jurisdiction.

Provisions as to carrying out of works

41 (1) The person having control of any premises�

(a) which consist of or comprise a dwelling in an improve ment area; or

(b) which consist of or comprise a dwelling in respect of which representations have been made by the tenant under section 33(1),

shall, as against any other person having an estate or interest in the premises, have the right to enter the premises in order to carry out any survey or examination required with a view to finding out whether the dwelling is fit for human habitation.

(2) After service of an improvement notice in respect of any dwelling, the person having control of the dwelling shall have the right, as against any other person having an estate or interest in the premises including the occupier, to take any reasonable steps for the purpose of complying with the improvement notice; and any person bound by an undertaking accepted under this Act shall have the same right.

(3) For the purposes of subsection (2) reasonable steps shall include requiring the occupier to vacate the premises if it is necessary for him so to do in order that the person having control of the dwelling may comply with an improvement notice or an undertaking:

Provided that if an occupier is required to vacate any premises the person having control of the dwelling shall, when the improvement notice or undertaking has been complied with, offer to reinstate the oc cupier in the premises on the same terms subject to section 40 as when he occupied the premises prior to being required to vacate them.

(4) Without prejudice to subsection (2), the carrying out of works in pursuance of an improvement notice or an undertaking ac cepted under this Act shall not give rise to any liability on the part of a lessee to reinstate the premises at any time in the condition in which they were before the works were carried out, or to any liability for failure so to reinstate the premises.

Penalty for preventing execution of repairs

42 If any person�

(a) being the occupier of any premises, prevents the owner thereof or his officers, agents, servants or workmen, from carrying into effect with respect of those premises any work required by an improvement notice or the subject of an undertaking accepted under this Act;

(b) being the owner or occupier of any premises prevents any officers, agents, servants or workmen of the Minister from so doing,

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, and if he fails to comply with the order, he commits an offence:

Punishment on summary conviction: in respect of each day during which the failure continues, a fine of $100.

Vacation of premises in an improvement area

43 (1) Subject to sections 44 and 45 notwithstanding the Minis ter's other powers in relation to an improvement area if he wishes to de molish any building for the purpose of the redevelopment of the area or because he is of the opinion that it is not possible at reasonable expense to make the building, if a dwelling, fit for human habitation he may serve on the occupier of the building or any part of it a notice requiring him to quit the building, specifying the date on which he requires the building to be vacated which date shall not be less than twenty-eight days from the date of the service of the notice.

(2) If at any time after the date on which the notice served un der subsection (1) requires a building to be vacated any person is in oc cupation of the building or any part thereof the Minister may apply to a court of summary jurisdiction for an order for possession of the building and upon such application the court shall, if satisfied that the Minister has given proper notice, direct the occupier to vacate the building by a specified date.

(3) If a direction under subsection (2) is not obeyed the Minis ter shall without further order be entitled to serve out a warrant directing the Provost Marshal to evict the occupier from the building.

Compensation to owner of building affected by section 43

44 When the Minister makes an order for the vacation of a building under section 43 he shall acquire the building under the Acquisition of Land Act 1970 [title 19 item 2] either by agreement with the owner or by compulsory purchase and section 30(2) and (3) shall apply mutatis mu tandis to such acquisition.

Compensation to the tenants of a building affected by section 43

45 (1) The Minister shall pay to any person who has been ordered to vacate a building under section 43 such reasonable allowance as he thinks fit towards his expenses in removing, and to any person lawfully carrying on any trade or business in any such house he may pay also such reasonable allowance as he thinks fit towards the loss which, in his opinion, he will sustain by reason of the disturbance of his trade or business consequent on his having to quit the building, and in estimat ing that loss he 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.

(2) When the Minister orders any person to vacate any dwelling under section 43 and where he is satisfied that no suitable accommoda tion is otherwise available on reasonable terms, he shall provide such accommodation for such person on reasonable terms.

PART V

LOANS

Government may make loans

46 (1) The Government, subject to the funds being made available by the Legislature, may make loans to the Corporation or to any other person approved by the Minister of Finance for any of the purposes set out in section 47(2).

(2) Any loan made under subsection (1) shall be subject to such rate of interest as the Minister of Finance shall decide and subject to such conditions as he may impose.

(3) If a loan is made under subsection (1) to a person other
than the Corporation, the Minister of Finance may direct that it shall be administered on his behalf by the Corporation.

Loans by the Corporation

47 (1) The Corporation may subject to any special or general di rections of the Minister make loans to any person for any of the purposes set out in subsection (2).

(2) Loans made under subsection (1) may be made for any of the following purposes�

(a) the acquisition or leasing of land;

(b) the construction of dwellings;

(d) the improvement of dwellings;

(e) the improvement of land; or

(f) any other purpose in connection with the improvement of dwellings in any area including the provision, repair or conversion of recreational facilities and buildings other than dwellings if the Minister considers such works are required to improve the area.

(3) No loan shall be made by virtue of this section for less than one thousand dollars.

Security for money lent or guaranteed

48 Any money lent or guaranteed by the Corporation shall be on the security of first mortgages or on such other security as the Minister of Finance may either specially or generally approve.

Rent Commissioner to fix rents

49 (1) Where a loan has been made under this Act for the con struction or improvement of any premises or for the purchase of any land and the premises or land are leased, rented or allowed to be occu pied by any person other than the person who received the loan the rent by whatever name called for such premises or land shall be fixed and may be varied from time to time by the Rent Commissioner under the Rent Increases (Domestic Premises) Control Act 1978 [title 28 item 3] whether the premises are domestic or not, whether the land is being used for domestic purposes or not or whether the premises are being used for the first time or not.

(2) In fixing or varying the rent of any premises or land under subsection (1) the Rent Commissioner shall take into account the rate of interest that is being paid in respect of any loan granted in respect of the premises or land.

Persons responsible for loans in following sections

50 In sections 51, 52, 53 and 54 Minister shall mean the Minister of Finance in respect of loans made with his approval under section 46(1) and in every other case for the word "Minister" there shall be substituted the word "Corporation".

Application for loans

51 Any application for a loan from the Minister shall be made in such form and in such manner as he shall from time to time determine.

Conditions for approval of application for a loan

52 (1) The Minister shall not consider an application for a loan if the works specified therein have been begun unless he is satisfied that there were good reasons for beginning the works before the application was approved.

(2) The Minister shall not consider an application for a loan unless he is satisfied that the land or buildings will remain in a satis factory condition for not less than fifteen years and are likely to conform with the requirements with respect to construction and physical condi tion and the provision of amenities as are likely to be expected during such period.

Approval of application for a loan

53 (1) Where the Minister makes a loan he shall determine the amount of the expenses which, in his opinion, are proper to be incurred for the execution of the works specified in the application and shall no tify the applicant of that amount; and the amount so notified is in this Act referred to as the approved expense of the works.

(2) Where the applicant satisfies the Minister that the works specified in the application cannot be or could not have been carried out without the carrying out of additional works and that this could not have been reasonably foreseen at the time the application for a loan was made the Minister may substitute a higher amount as the amount of the ap proved expense.

(3) In making a loan the Minister may require as a condition of
paying the loan that the works specified in the application are carried out within such time, which must not be less than twelve months, as the Minister may specify or such further time as he may allow.

Payment of improvement grant

54 (1) A loan may be paid after the completion of the works to wards the cost of which it is payable or part of it may be paid in instal ments as the works progress and the balance after the completion of the works.

(2) Where part of a loan is paid in instalments the aggregate of the instalments paid shall not at any time before the completion of the works exceed one half of the aggregate cost of the works executed up to that time.

(3) The payment of a loan or of any part thereof shall be condi tional upon the works or the corresponding part of the works being exe cuted to the satisfaction of the Minister.

(4) If a complete loan or an instalment of a loan is paid before the completion of the works and the works are not completed within the time specified in subsection (5), all sums paid by the Minister as part of the loan shall, on being demanded by the Minister, forthwith become re payable by the person to whom the instalment was paid and shall carry interest at the statutory rate as fixed by the Interest and Credit Charges (Regulation) Act 1975 [title 17 item 22] from the date on which it was paid by the Minister until repayment.

(5) Where the Minister has specified no time under section 53(3) for the completion of the works the time referred to in subsection (4) is twelve months from the date on which the complete loan or instal ment was paid or such further time as the Minister may allow; and where he has specified a time or allowed further time under section 53(3) the time referred to in subsection (4) is the time so specified or allowed.

PART VI

HIGHWAYS

Highways

55 (1) Notwithstanding the provisions in the Department of Works and Engineering Act 1984 [title 19 item 1] relating to highways the Min ister with the concurrence of the Minister charged with responsibility for Works and Engineering may within a general improvement area create highways and designate their use either as footpaths or roads and divert any highways, private roads and rights of way in such area.

(2) Where the Minister creates a highway or diverts a highway over land not belonging to the Crown he shall acquire the land either by agreement or by compulsory purchase under the Acquisition of Land Act 1970 [title 19 item 2]:

Provided that no compensation shall be payable where a highway is created or diverted over land which the Minister is satisfied has been used as a highway or right of way for ten years or more unless it is pro posed that the use of the land should be changed from a footpath to a road.

(3) Any person aggrieved by a decision of the Minister that land has been used as a highway or right of way for ten years or more may appeal against the Minister's decision to a court of summary jurisdiction.

PART VII

GENERAL IMPROVEMENT AREA TRIBUNAL

General Improvement Area Tribunal

56 (1) Where there is any doubt or dispute as to the ownership or right over any land or buildings in a general improvement area the Min ister shall by order refer the matter to the General Improvement Area Tribunal established under subsection (2).

(2) For the purposes of this Act there shall be established a tri bunal consisting of a Chairman, who shall be a barrister and attorney admitted to practice in the Supreme Court and two other members, ap pointed by the Minister to be called the General Improvement Area Tri bunal.

(3) The Third Schedule shall apply in relation to the Tribunal.

(4) It shall be the duty of the Tribunal to determine in cases of doubt what persons have interests in a right over land in general im provement areas and the extent, if any, of such interests.

(5) For the purpose of this section there shall be a case of doubt as to the ownership or rights over any land or buildings if any per son claims such ownership or right and the Minister does not accept such claim either in whole or in part or if the Minister is unable himself to determine whether any person or persons have any claim to owner ship or rights over any land or buildings.

(6) Any order made under subsection (1) shall be published in
the Gazette and in another newspaper on two occasions together with an invitation to anybody who believes that he has an interest in the land or buildings to inform the Minister and the Tribunal at an address to be stated within thirty days of the first publication of the order.

Service of summons on parties interested

57 (1) As soon as may be after the publication of an order under section 56 the Minister shall furnish the Chairman of the Tribunal with a statement in writing containing particulars of the persons who appear to the Minister to be potential claimants to the land or buildings described in the order and of the land or buildings to which their claim relates.

(2) On the receipt of the statement furnished under subsection (1) the Chairman of the Tribunal shall cause a summons to be served on every person mentioned in the statement of the Minister and every per son who has informed the Tribunal that he has an interest in the land or buildings directing him to send particulars of his claim to the Tribunal and to appear before the Tribunal either in person or represented by a barrister and attorney at the time and place specified in the summons.

Hearing of claims

58 (1) At the hearing of claims the Tribunal shall hear all evidence available to them relating to claims to the land or buildings and when they are satisfied that so far as practicable all relevant facts have been presented and all claims properly submitted to them, shall decide what person or persons have established a claim and the interest or right which such person or persons have.

(2) Where a claimant is found by the Tribunal to have estab lished his claim the Tribunal shall issue him a certificate signed by the Chairman and stating the nature of his interest in the land or right with respect thereto.

(3) The Chairman shall cause a copy of every certificate issued under subsection (1) to be sent to the Minister and to the Registrar-Gen eral for recording and registering under the Registrar-General (Recording of Documents) Act 1955 [title 28 item 2].

(4) The interest in any land stated in a certificate issued under subsection (2) shall be conclusive evidence in any court that such inter est was held by the person to whom the certificate was issued at the date of its issue.

Power of Tribunal to obtain information

59 (1) For the purpose of an inquiry under this Act the Tribunal shall have power by order under the hand of the Chairman to summon any person to attend before them and to give evidence on oath or other wise, and to require the production of documents, so as to elicit all such information as the Tribunal may consider necessary.

(2) Any person who�

(a) fails without reasonable excuse to attend before the Tri bunal in compliance with an order under subsection (1);

(b) when in attendance before the Tribunal refuses to make any oath, or refuses to produce a document, or refuses to give evidence, in compliance with such an order as aforesaid,

commits an offence:

Punishment on summary conviction: a fine of $250:

Provided that the person shall not be punished for refusing to answer any question or produce any document which he could not be required to answer or produce before a court.

Appeals

60 (1) Any claimant or the Minister may appeal to the Supreme Court against a decision of the Tribunal.

(2) The power of the Chief Justice to make rules of court under section 62 of the Supreme Court Act 1905 [title 8 item 1], shall include a like power in relation to appeals under subsection (1).

PART VIII

GENERAL

Circumstances under which bodies corporate may mortgage or lease land for thirty-five years

61 (1) Notwithstanding any other provision of law and notwith standing its corporate powers a body corporate of any class may with the consent of the Corporation take a mortgage on or lease land in Bermuda for the purpose of the construction of dwellings of a type approved by the Corporation for periods of up to thirty-five years.

(2) In giving its consent to a mortgage or lease under subsec-

notice.

Amends No. 51 of 1975

66 [omitted]

Repeal of No. 92 of 1973

67 (1) The Bermuda Housing Corporation Act 1973 is repealed.

(2) The repeal of the Bermuda Housing Corporation Act 1973 shall not affect any statutory instrument, appointment, conveyance, mortgage, deed or agreement made, resolution passed, direction given, proceeding taken, instrument issued or thing done under that Act and if in force at 30 July 1980 shall continue in force and shall have effect as if passed, given, taken, issued or done under this Act.

FIRST SCHEDULE (Section 6)

1 The three ex officio directors shall be public officers appointed by name or office respectively by the Minister of Finance, the Minister re sponsible for Social Services and the Minister responsible for Works and Engineering and shall hold their appointments at the pleasure of the Minister appointing them.

2 (1) An appointed director shall be appointed for a period of three years, beginning on such day as may be determined by the Minis ter, and may, unless disqualified, be reappointed from time to time for a like period.

(2) An appointed director may resign his office at any time by notice in writing to the Minister.

3 The Minister may terminate the appointment of an appointed di rector at any time and shall terminate the appointment if he is satisfied that the director�

(a) is unable through absence from Bermuda to perform to the satisfaction of the Minister the functions of his office;

(b) has failed, without adequate cause, to attend three suc cessive meetings of the Board;

(d) has made a false or incomplete declaration for the pur poses of section 5(4);

(e) has failed to notify the Minister of any material changes in the nature of the financial interests required to be de clared under section 5(5) which have occurred subse quent to such declaration.

4 (1) A person appointed to fill the place of a director before the end of the director's term of office shall hold office so long only as the va cating director would have held office.

(2) Where the place of a director becomes vacant before the end of his term of office and the unexpired portion of his term of office is less than three months, the vacancy need not be filled.

5 Subject to the provisions of this Act and to any directions given to the Board by the Minister, the Board shall meet for the dispatch of business and otherwise regulate its meetings and procedure as it may determine.

6 There shall preside at any meeting of the Board�

(a) the Chairman; or

(b) in the absence of the Chairman, the Vice-Chairman; or

7 Not less than 5 directors of whom not less than 3 shall be ap pointed directors shall form a quorum at a meeting of the Board.

8 Any question proposed for a decision by the Board shall be de termined by a majority of the votes of the directors present and voting at a meeting of the Board at which a quorum is present; each director pre sent shall have one vote on a question proposed for decision by the Board and, in the event of an equality of votes, the person presiding at the meeting shall have, in addition to a deliberative vote, a second vote.

9 As soon as practicable after each meeting of the Board, a copy of the minutes of such meeting shall be forwarded to the Minister.

10 (1) All disposals of land, other than those required by law to be under seal, may be executed under the hand of any two directors.

(2) Any other document may be entered into or executed on behalf of the Board by any person generally or specially authorized by the Board for the purpose.

11 The application of the seal of the Corporation shall be authenti-
cated by the signatures of any two directors.

12 A decision or an act of the Board shall not be rendered invalid by reason only that there is a vacancy in the directorship of the Board or a defect in the appointment of a director or that a disqualified person acted as a director at the time the decision was taken or the act was done or authorized.

13 If a director or his spouse or any company of which he is a di rector or shareholder has any interest, direct or indirect, in any contract or proposed contract, or in any other matter which is the subject of con sideration by the Board and whereby his interest may conflict with his duties as a director, he shall disclose the same to the Board and shall absent himself from the meeting while the matter is being discussed and voted upon.

14 Appointed directors shall be paid such fees and allowances out of the funds of the Corporation as the Board may, with the approval of the Minister, determine.

SECOND SCHEDULE (Section 9)

The Corporation shall have the following powers�

(1) The management of any estate or building together with any land or structures ancillary thereto over which the Corporation has control or in respect of which it has entered into a management agree ment with any person.

(2) The assistance of persons in the preparation of programmes and plans for the acquisition or construction of dwellings and in the car rying out of such programmes and plans.

(3) In connection with any land or building developed, con structed or managed by the Corporation provide and maintain roads, foot paths, sewers, water supplies and other services.

(4) Enter into contracts with surveyors, architects, civil engi neers, contractors, draftsmen and other persons connected with the ac quisition, construction, improvement and rehabilitation of land and buildings for the planning, preparation and carrying out of works for and on behalf of the Corporation.

(5) The establishment and the making of contributions to provident, pension, superannuation, medical and other funds for its offi cers and staff and their dependants.

(6) The provision for its officers and staff of amenities and ser vices and the making of financial allowances in respect of study, recre ation and travel both on duty and on leave as is customary in the case of public Corporations.

(7) The promotion and the publicising of the need to use land and buildings to the best advantage of the community and the manner in which the need can be met.

(8) The carrying out of the following work�

(a) (with the prior approval in writing of the Minister in ev ery case) to make investigations into, conduct surveys of, and gather information and compile statistics about, housing conditions in Bermuda generally and, in partic ular �

(i) the cost of construction of dwellings; and

(ii) the adequacy of residential accommodation,

in Bermuda or any part of Bermuda;

(b) to take steps, being steps of an educational nature and not involving any substantial expenditure of money by the Corporation itself, to promote the construction of cheaper, more efficient and generally better housing;

(c) to publish and distribute the results of the Corporation's activities under sub-paragraphs (a) and (b) in such legi ble or audible form as the Corporation may consider most useful to the public or any part of the public;

(9) The exercise or performance of such other functions as are necessary for the Corporation to exercise or perform in order to carry out its duties and powers under this Act.

Bermuda Consolidated Legislation

Bermuda Housing Act 1980