Public Health Act 1936 (c. 49) @import “/styles/legislation.css”; @import “/styles/primarylegislation.css”;
E+W
Public Health Act 1936
1936 CHAPTER 49 26 Geo 5 and 1 Edw 8
An Act to consolidate with amendments certain enactments relating to public health.
[31st July 1936]
Annotations:
Extent Information
E1Act extends to England and Wales but see s. 347(2)
Modifications etc. (not altering text)
C1Act extended by
London Government Act 1963 (c. 33), s. 40, Sch.
11 Pt. I paras. 1, 2 and Local Government
(Miscellaneous Provisions) Act 1976 (c. 57),
s. 27(4); amended by
Local Government Act 1972 (c. 70), s. 180,
Sch. 14
Pt. I para. 2
C2Power to apply Act conferred by
New Towns Act 1965 (c. 59), s. 34(3)
C3Power to transfer certain functions conferred by Public Health (Control
of Disease) Act 1984 (c. 22, SIF 100:1), s.
7(4)(b)
C4Act extended (E.W.) by
Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(ii),
Sch. 8 para. 33, Water Act 1989
(c. 15, SIF 130), s. 190(1), Sch. 25 para. 1(2)(ii)
(with ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2),
13(3), 17, 40(4), 57(6), 58) and Electricity Act
1989 (c. 29, SIF 44:1), s. 112(1)(3),
Sch. 16 para.
1(1)(ii), Sch. 17, paras. 33,
35(1)
Act extended (1.3.1996) by
1995 c. 45, s.16(1), Sch. 4 para. 2(1)(ii);
S.I. 1996/218, art. 2
Act amended (1.4.1996) by
S.I. 1996/593, reg. 2 Sch. 1
C5Act modified (E.W.) by
Water Act 1989 (c.15, SIF 130), s. 190(2), Sch. 26 para.
13(1)(a)(3) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2),
13(1)(a)(3), 17, 40(4), 57(6), 58)
Act (except s. 341(3)) (W): conferring functions transferred (1.7.1999 subject to
art. 2(b)-(f) of the amending Act) by S.I. 1999/672,
art. 2(1), Sch. 1
Commencement Information
I1Act wholly in force at Royal Assent.
Part I E+W Local Administration
Local authorities and their districts
[F11
Local authorities for purposes of Act. E+W
(1)Subject to the provisions of this Act with respect to certain special authorities,
districts and areas, it shall be the duty of the following authorities to carry
this Act [F2, excluding Part VI except section 198,] into execution,
that is to say—
(a)[F3Except in Wales]in a county, the county council as
respects certain matters and the district councils as respects all other matters,
without prejudice, however, to the exercise by a parish F4.
. . council of any powers conferred upon such councils;
[F5(aa)in Wales, the county council or county borough
council as respects all matters, without prejudice, however, to the exercise by
a community council of any powers conferred upon such a council;]
(b)in a London borough, the borough council;
(c)in the City of London, the Common Council; and
(d)in the Inner Temple and the Middle Temple, the Sub-Treasurer and the Under Treasurer
thereof respectively.
(2)In this Act—
“community”, in relation to a common community council acting for two or more grouped
communities, means those communities;
“district”, in relation to a local authority in Greater London, means a London borough,
the City of London, the Inner Temple or the Middle Temple, as the case may be; [F6and,
in relation to a local authority in Wales, means a county or (as the case may be)
county borough]
“local authority” means the council of a district or London borough, the Common Council
of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer
of the Middle Temple; [F6but,
in relation to Wales, means the council of a county or county borough.]
“parish”, in relation to a common parish council acting for two or more grouped parishes,
means those parishes.]
Annotations:
Amendments (Textual)
F1S. 1 substituted by Local Government
Act 1972 (c. 70) Sch. 14 para. 1
F2Words inserted by National Health
Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 2
F3Words in s. 1(1)(a) inserted (1.4.1996) by 1994 c. 19,
s.22(3) Sch. 9 (with
saving in ss. 54(5)(7), 55(5), Sch. 17 para. 22(1),
23(2)); S.I. 1996/396,
art. 3, Sch. 1
F4Words in s. 1(1)(a) repealed (1.4.1996) by 1994 c. 19,
ss. 22(3), 66(8), Sch. 9 para. 3(1),
Sch. 18 (with saving in ss. 54(5)(7), 55(5), Sch. 17 para. 22(1),
23(2)); S.I. 1996/396,
arts. 3, 4, Schs. 1, 2
F5S. 1(1)(aa) inserted (1.4.1996) by
1994 c. 19, s. 22(3) Sch. 9 para.
3(1) (with saving in ss. 54(5)(7), 55(5), Sch. 17 para. 22(1),
23(2)); S.I. 1996/396,
art. 3, Sch. 1
F6Words in definitions of “district” and “local authority” in S. 1(2) added
(1.4.1996) by
1994 c. 19, s. 22(3) Sch. 9 para.
3(2) (with saving in ss. 54(5)(7), 55(5), Sch. 17 para. 22(1),
23(2)); S.I. 1996/396,
art. 3
Modifications etc. (not altering text)
C6Definition of “local authority” in s. 1(2) excluded by Health and Safety at Work,
etc. Act 1974 (c. 37), s. 76(2)(b)
Port health authorities and joint boards
2—5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7 E+W
Annotations:
Amendments (Textual)
F7Ss. 2–5 repealed by Public Health (Control
of Disease) Act 1984 (c. 22, SIF 100:1), s. 78,
Sch. 3
6 Union of districts, or parts of districts, for certain purposes under joint board.
E+W
(1)Subject to the provisions of this section, if, on an application made to him by
the local authorities of the districts to which the application relates, or by any
of those authorities, it appears to the Minister that it would be for the advantage
of those districts or any of them, or of any parts of those districts or any of
them (whether such parts are contributory places or not), to be constituted a united
district for any purpose of this Act, or of the Public Health Acts 1875 to 1932,
so far as those Acts are not repealed, [F8or
of the Public Health (Control of Disease) Act 1984 except section 46,][F9or
of the Building Act 1984,] the Minister may, by order, constitute for that purpose
a united district consisting of such of those districts or parts of districts as
can, in his opinion, be combined advantageously.
(2)The governing body of a united district shall be a joint board, which shall be
constituted by the order constituting the district and shall consist of representatives
of the local authorities of the constituent districts or parts of districts:
Provided that, if the council of the county, or of any of the counties, in which
the united district or any part thereof will be situate, undertake to make annual
contributions towards the expenses of the joint board, provision may be made by
the order constituting the board for the board to include representatives of that
council, so, however, that the number of representatives appointed under this proviso
shall be less than one-half of the total number of the members of the board.
(3)A joint board constituted under this section shall be a body corporate by such
name as may be determined by the order constituting the united district, and shall
have perpetual succession and a common seal . . .
F10
(4)Where the Minister proposes to make an order under this section, he shall give
notice thereof to the local authority of every district which, or any part of which,
is proposed to be included in the united district, and also to the county council,
and, if within twenty-eight days after such notice has been given to any such authority
or council, they give notice to the Minister that they object to the proposal and
the objection is not withdrawn, any order made by the Minister shall be [F11subject
to special Parliamentary procedure].
(5)All expenses of, and incidental to, the constitution of a united district shall
be payable by the joint board and, so far as those expenses are expenses incurred
by the Minister, the amount thereof as certified by him shall be recoverable by
him from the board as a debt due to the Crown.
[F12(6)In relation to Wales, the proviso in subsection
(2) of this section does not apply and subsection (4) of this section applies as
if the words “and also the county council” and “or council” were omitted.]
Annotations:
Amendments (Textual)
F8Words inserted by Public Health (Control of
Disease) Act 1984 (c. 22, SIF 100:1), s. 78,
Sch. 2 para. 1
F9Words inserted by
Building Act 1984 (c. 55, SIF 15), s. 133(1), Sch. 6 para. 2
F10Words repealed by
Charities Act 1960 (c. 58), Sch. 7 Pt. II
F11Words substituted by
S.I. 1949/2393 (1949 I, p. 3973), art. 3, Sch. 2
F12S. 6(6) added (1.4.1996) by 1994 c. 19,
s. 22(3), Sch. 9 para. 3(3)
(with saving in ss. 54(5)(7), 55(5), Sch. 17 para. 22(1),
23(2)); S.I. 1996/396,
art. 3, Sch. 1
Modifications etc. (not altering text)
C7S. 6 extended by Prevention of Damage by Pests Act 1949
(c. 55), s. 1(3), Food and Drugs
Act 1955 (4 & 5 Eliz. 2 c. 16), s. 88(2),
New Towns Act 1965 (c. 59), s. 33, Local Government
Act 1972 (c. 70), Sch. 26 para.
3 and
Slaughterhouses Act 1974 (c. 3), s. 28(6)
C8S. 6 extended by Food Act 1984 (c. 30, SIF
53:1), s. 75 and
Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1),
Sch. 3 para. 1
S. 6 extended (27.8.1993) by 1993 c. 11,
ss. 61(1), 68(2)
7 Restriction on discharge of functions by local authorities within united district.
E+W
(1)A local authority having jurisdiction in any part of a united district shall cease
to discharge in relation thereto any functions which are functions of the joint
board:
. . . F13
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14
Annotations:
Amendments (Textual)
F13S. 7(1) proviso repealed by Local Government
Act 1972 (c. 70), Sch. 30
F14Ss. 7(2), 8, 11–13 repealed by local Government Act
1972 (c. 70), Sch. 30
Modifications etc. (not altering text)
C9S. 7 extended (27.8.1993) by 1993 c. 11,
ss. 61(1), 68(2)
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15 E+W
Annotations:
Amendments (Textual)
F15Ss. 7(2), 8, 11–13 repealed by local Government Act
1972 (c. 70), Sch. 30
9 General provisions as to orders constituting port health districts, united districts
and joint boards. E+W
(1)An order made by the Minister under the foregoing provisions of this Part of this
Act constituting a . . . F16
united district, or such a joint board as is mentioned in the last preceding section,
may contain such incidental, consequential and supplementary provisions as appear
to him to be necessary or proper for bringing the order into operation and giving
full effect thereto and, in particular, but without prejudice to the generality
of the foregoing words, provisions—
(a)for the settlement of any differences arising in consequence of the operation
of the order, between districts, parishes or other areas;
(b)for the transfer of property and liabilities, and the making of any such adjustment
of accounts or apportionment of liabilities between districts, parishes or other
areas as may be rendered necessary by the operation of the order; and
(c)as to the persons by and to whom any moneys found to be due are to be paid, and
the raising of such moneys.
(2)Any such order as aforesaid, . . .
F17, may be amended or revoked by a subsequent order made by the Minister, but,
where the Minister proposes to make an order under this subsection, he shall give
notice thereof to . . . F18
joint board concerned and to every authority or council which is, or under the proposed
order will be, a constituent authority or council, and, if within twenty-eight days
after such notice has been given to any such authority, board or council they give
notice to the Minister that they object to the proposal and the objection is not
withdrawn, any order made by the Minister shall be [F19subject
to special Parliamentary procedure].
(3)Any reference in this Act to an order constituting a . . .
F20 united district, or joint board shall be construed as including a reference
to any order made under this section for the amendment of the original order.
Annotations:
Amendments (Textual)
F16Words repealed by Public Health (Control of
Disease) Act 1984 (c. 22, SIF 100:1), s. 78,
Sch. 3
F17Words repealed by
S.I. 1949/2393 (1949 I, p. 3973), art. 2, Sch. 2
F18Words repealed by Public Health (Control of
Disease) Act 1984 (c. 22, SIF 100:1), s. 78,
Sch. 3
F19Words substituted by
S.I. 1949/2393 (1949 I, p. 3973), art. 3, Sch. 2
F20Words repealed by Public Health (Control of
Disease) Act 1984 (c. 22, SIF 100:1), s. 78,
Sch. 3
Modifications etc. (not altering text)
C10S. 9 extended by Food and Drugs
Act 1955 (4 & 5 Eliz. 2 c. 16), s. 88(1) and
Slaughterhouses Act 1974 (c. 3), s. 28
C11S. 9(2) extended by Local Government
(Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1),
s. 42(4)
S. 9 extended (27.8.1993) by 1993 c. 11,
ss. 61(1), 68(2)
10 Borrowing powers of port health authorities and joint boards. E+W
A . . . F21 joint
board constituted under this Part of this Act shall, subject to the provisions of
the order by which they were constituted, have the like powers of borrowing for
the purposes of their functions under the order as a local authority have of borrowing
for the purposes of their functions under this Act.
Annotations:
Amendments (Textual)
F21Words repealed by Public Health (Control of
Disease) Act 1984 (c. 22, SIF 100:1), s. 78,
Sch. 3
Modifications etc. (not altering text)
C12S. 10 extended (27.8.1993) by 1993 c. 11,
ss. 61(1), 68(2)
11—13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22 E+W
Annotations:
Amendments (Textual)
F22Ss. 7(2), 8, 11–13 repealed by local Government Act
1972 (c. 70), Sch. 30
Part II E+W Sanitation and Buildings
Annotations:
Modifications etc. (not altering text)
C47Pt. II amended by Health and Safety at Work,
etc. Act 1974 (c. 37), s. 76(1)(2)
C48Pt. II (ss. 14–90) amended by Housing and Building
Control Act 1984 (c. 29, SIF 61), ss. 41(1),
52(1) and 60(2)(a)
Sewerage and sewage disposal
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23 E+W
Annotations:
Amendments (Textual)
F23Ss. 14, 16 repealed by Water Act 1973 (c. 37),
Sch. 9
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24 E+W
Annotations:
Amendments (Textual)
F24S. 15 repealed by Water Act 1989 (c. 15, SIF
130), s. 190(3), Sch. 27 Pt. I
(with ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2),
13(3), 17, 40(4), 41(1), 57(6), 58)
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25 E+W
Annotations:
Amendments (Textual)
F25Ss. 14, 16 repealed by Water Act 1973 (c. 37),
Sch. 9
F2617. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W
Annotations:
Amendments (Textual)
F26S. 17 repealed (1.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60),
ss. 3, 4(2), Sch. 3 Pt.I (with s. 2(4), Sch. 2 paras. 10,
14(1),
15).
F2718. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W
Annotations:
Amendments (Textual)
F27S. 18 repealed (1.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60),
ss. 3, 4(2), Sch. 3 Pt.I (with s. 2(4), Sch. 2 paras. 10,
14(1),
15).
F2819. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W
Annotations:
Amendments (Textual)
F28S. 19 repealed (1.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60),
ss. 3, 4(2), Sch. 3 Pt.I (with s. 2(4), Sch. 2 paras. 10,
14(1),
15).
20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
Annotations:
Modifications etc. (not altering text)
C13S. 20 repealed by Water Act 1989 (c. 15, SIF
130), s. 190(3), Sch. 27 Pt. I
(with ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2),
13(3), 17, 40(4), 41(1), 57(6), 58)
F2921. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W
Annotations:
Amendments (Textual)
F29S. 21 repealed (1.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60),
ss. 3, 4(2), Sch. 3 Pt.I (with s. 2(4), Sch. 2 paras. 10,
14(1),
15).
F3022. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W
Annotations:
Amendments (Textual)
F30S. 22 repealed (1.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60),
ss. 3, 4(2), Sch. 3 Pt.I (with s. 2(4), Sch. 2 paras. 10,
14(1),
15).
23, 24.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31 E+W
Annotations:
Amendments (Textual)
F31Ss. 23, 24 repealed by Water Act 1989 (c. 15, SIF
130), ss. 69, 190(3), Sch. 8 para. 2(5),
Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2),
13(2)(3), 17, 40(4), 41(1), 57(6), 58)
25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32 E+W
Annotations:
Amendments (Textual)
F32S. 25 repealed by Building Act 1984
(c. 55, SIF 15), s. 133(2),
Sch. 7
26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33 E+W
Annotations:
Amendments (Textual)
F33S. 26 repealed by Public Health (Drainage
of Trade Premises) Act 1937 (c. 40),
s. 1(3)
F3427. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W
Annotations:
Amendments (Textual)
F34S. 27 repealed (1.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60),
ss. 3, 4(2), Sch. 3 Pt.I (with s. 2(4), Sch. 2 paras. 10,
14(1),
15).
28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F35 E+W
Annotations:
Amendments (Textual)
F35Ss. 28, 35 repealed by Water Act 1973 (c. 37),
Sch. 9
29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36 E+W
Annotations:
Amendments (Textual)
F36S. 29 repealed by Water Act 1989 (c. 15, SIF
130), s. 190(1)(3),
Sch. 25 para. 1(2),
Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2),
13(3), 17, 40(4), 41(1), 57(6), 58)
F3730. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W
Annotations:
Amendments (Textual)
F37S. 30 repealed (1.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60),
ss. 3, 4(2), Sch. 3 Pt.I (with s. 2(4), Sch. 2 paras. 10,
14(1),
15).
F3831. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W
Annotations:
Amendments (Textual)
F38S. 31 repealed (1.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60),
ss. 3, 4(2), Sch. 3 Pt.I (with s. 2(4), Sch. 2 paras. 10,
14(1),
15).
32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F39 E+W
Annotations:
Amendments (Textual)
F39S. 32 repealed by Water Act 1989 (c. 15, SIF
130), s. 190, Sch. 25 para. 1(2),
Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)–(10), 190, 193(1), Sch. 8 para. 2(5),
Sch. 26 paras. 3(1)(2),
13(2)(3), 17, 40(4), 41(1), 57(6), 58)
33 Application of 27 & 28 Vict. c. 114 to works for supply of sewage. E+W
Works for the supply of sewage to land for agricultural purposes shall be deemed
to be an improvement of land authorised by the
M1Improvement of Land Act 1864 and the provisions of that Act shall apply
accordingly.
Annotations:
Marginal Citations
Private sewers and drains and cesspools
F4034. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W
Annotations:
Amendments (Textual)
F40S. 34 repealed (1.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60),
ss. 3, 4(2), Sch. 3 Pt.I (with s. 2(4), Sch. 2 paras. 10,
14(1),
15).
35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F41 E+W
Annotations:
Amendments (Textual)
F41Ss. 28, 35 repealed by Water Act 1973 (c. 37),
Sch. 9
F4236. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W
Annotations:
Amendments (Textual)
F42S. 36 repealed (1.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60),
ss. 3, 4(2), Sch. 3 Pt.I (with s. 2(4), Sch. 2 paras. 10,
14(1),
15).
37—41.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43 E+W
Annotations:
Amendments (Textual)
F43Ss. 37–41 repealed by Building Act 1984
(c. 55, SIF 15), s. 133(2),
Sch. 7
F4442. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W
Annotations:
Amendments (Textual)
F44S. 42 repealed (1.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60),
ss. 3, 4(2), Sch. 3 Pt.I (with s. 2(4), Sch. 2 paras. 10,
14(1),
15).
Sanitary conveniences for buildings
43, 44.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F45 E+W
Annotations:
Amendments (Textual)
F45Ss. 43, 44 repealed by Building Act 1984 (c. 55,
SIF 15), s. 133(2),
Sch. 7
45 Buildings having defective closets capable of repair. E+W
(1)If it appears to a local authority that any closets provided for or in connection
with a building are in such a state as to be prejudicial to health or a nuisance,
but that they can without reconstruction be put into a satisfactory condition, the
authority shall by notice require the owner or the occupier of the building to execute
such works, or to take such steps by cleansing the closets or otherwise, as may
be necessary for that purpose.
(2)In so far as a notice under this section requires a person to execute works, the
provisions of Part XII of this Act with respect to appeals against, and the enforcement
of, notices requiring the execution of works shall apply in relation to the notice.
(3)In so far as such a notice requires a person to take any steps other than the
execution of works, he shall, if he fails to comply with the notice, be liable to
a fine not exceeding [F46level
1 on the standard scale] and to a further fine not exceeding [F47£2]
for each day on which the offence continues after conviction therefor:
Provided that in any proceedings under this subsection it shall be open to the defendant
to question the reasonableness of the authority’s requirements or of their decision
to address their notice to him and not to the occupier or, as the case may be, the
owner of the building.
(4)This section shall not apply . . .
F48 to a factory F49.
. . . . . F50
or to a building to which the next succeeding section applies.
Annotations:
Amendments (Textual)
F46Words substituted by virtue of Criminal Justice Act 1982
(c. 48, SIF 39:1), s. 46
F47Words substituted by virtue of Decimal Currency Act 1969
(c. 19), s. 10(1)
F48Words repealed by Offices, Shops and Railway
Premises Act 1963 (c. 41), Sch. 2
F49Words in S. 45(4) repealed (5.11.1993) by 1993 c. 50,
s. 1(1), Sch. 1 Pt. XIV Group3
F50Words repealed by
Factories Act 1937 (c. 67), Sch. 4
Modifications etc. (not altering text)
C14S. 45 excluded by Offices, Shops and Railway
Premises Act 1963 (c. 41), s. 9(6)
46, 47.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F51 E+W
Annotations:
Amendments (Textual)
F51Ss. 46, 47 repealed by Building Act 1984 (c. 55,
SIF 15), s. 133(2),
Sch. 7
Supplemental provisions as to drains, sanitary conveniences, cesspools, &c.
48 Power of local authority to examine and test drains, &c., believed to be defective.
E+W
(1)Where it appears to a [F52local]
authority that there are reasonable grounds for believing that a sanitary convenience,
drain, private sewer or cesspool is in such a condition as to be prejudicial to
health or a nuisance, or that a drain or private sewer communicating. . . indirectly
with a public sewer is so defective as to admit subsoil water, they may examine
its condition, and for that purpose may apply any test, other than a test by water
under pressure, and, if they deem it necessary, open the ground.
(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)If on examination the convenience, drain, sewer or cesspool is found to be in
proper condition, the authority shall, as soon as possible, reinstate any ground
which has been opened by them and make good any damage done by them.
Annotations:
Amendments (Textual)
F52Word in s. 48(1) substituted (1.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60),
ss. 2, 4(2), Sch. 1 para. 2(1) (by virtue of which provision
s. 48 ceased to have effect (1.12.1991) in relation to a drain or private sewer
connecting with a public sewer).
Modifications etc. (not altering text)
C15S. 48 amended by Radioactive Substances
Act 1960 (c. 34), s. 9,
Sch.
1 Pt. I para. 3
S. 48 amended (27.8.1993) by 1993 c. 12,
ss. 40, 51(2), Sch. 3 Pt. I para.1
C16S. 48 modified (7.8.1991) by S.I. 1991/1773,
art. 8, Sch.2.
C17S. 48 repealed (in relation to a drain or private
sewer connecting with a public sewer) (1.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60),
ss. 2, 4(2), Sch. 1 para. 2(1).
C18s. 48 modified (10.1.1992) by S.I. 1991/2913,
art 8, Sch.2.
49 Rooms over closets of certain types, or over ashpits, &c., not to be used as
living, sleeping or workrooms. E+W
(1)A room which, or any part of which, is immediately over a closet, other than a
watercloset or earthcloset, or immediately over a cesspool, midden or ashpit, shall
not be occupied as a living room, sleeping room or workroom.
(2)Any person who, after seven days’ notice from the local authority, occupies any
room in contravention of the provisions of this section, or who permits any room
to be so occupied, shall be liable to a fine not exceeding [F53level
1 on the standard scale], and to a further fine not exceeding [F54£2]
for each day on which the offence continues after conviction therefor.
Annotations:
Amendments (Textual)
F53Words substituted by virtue of Criminal Justice Act 1982
(c. 48, SIF 39:1), s. 46
F54Words substituted by virtue of Decimal Currency Act 1969
(c. 19), s. 10(1)
50 Overflowing and leaking cesspools. E+W
(1)If the contents of any cesspool soak therefrom or overflow, the local authority
. . . F55 may by notice require the person by whose act,
default or sufferance the soakage or overflow occurred or continued to execute such
works, or to take such steps by periodically emptying the cesspool or otherwise,
as may be necessary for preventing the soakage or overflow:
Provided that this subsection shall not apply in relation to the effluent from a
properly constructed tank for the reception and treatment of sewage, if that effluent
is of such a character, and is so conveyed away and disposed of, as not to be prejudicial
to health or a nuisance.
(2)In so far as a notice under this section requires a person to execute works, the
provisions of Part XII of this Act with respect to appeals against, and the enforcement
of, notices requiring the execution of works shall apply in relation to the notice.
(3)In so far as such a notice requires a person to take any steps other than the
execution of works, he shall, if he fails to comply with the notice, be liable to
a fine not exceeding [F56level
1 on the standard scale], and to a further fine not exceeding [F57£2]
for each day on which the offence continues after conviction therefor:
Provided that in any proceedings under this subsection it shall be open to the defendant
to question the reasonableness of the authority’s requirements.
Annotations:
Amendments (Textual)
F55Words repealed by
Water Act 1989 (c. 15, SIF 130), ss. 69, 190(3), Sch. 8 para. 2(8),
Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4),
163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2),
13(2)(3), 17, 40(4), 41(1), 57(6), 58)
F56Words substituted by virtue of Criminal Justice Act 1982
(c. 48, SIF 39:1), s. 46
F57Words substituted by virtue of Decimal Currency Act 1969
(c. 19), s. 10(1)
Modifications etc. (not altering text)
C19S. 50 modified (7.8.1991) by S.I. 1991/1773,
art. 8, Sch.2.
C20S. 50 modified (10.1.1992) by S.I. 1991/2913,
art. 8, Sch.2.
51 Care of closets. E+W
(1)The occupier of every building in, or in connection with, which a watercloset
or an earthcloset is provided shall, in the case of a watercloset, cause the flushing
apparatus thereof to be kept supplied with water sufficient for flushing and where
necessary to be properly protected against frost, and shall, in the case of an earthcloset,
cause it to be kept supplied with dry earth or other suitable deodorising material.
(2)A person who fails to comply with any of the provisions of this section shall
be liable to a fine not exceeding [F58level
1 on the standard scale]
Annotations:
Amendments (Textual)
F58Words substituted by virtue of Criminal Justice Act 1982
(c. 48, SIF 39:1), s. 46
Modifications etc. (not altering text)
C21S. 51 amended (Greater London) by London Government
Act 1963 (c. 33), Sch.
11 Pt. I para. 13
C22Ss. 51-52 modified (7.8.1991) by S.I. 1991/1773,
art. 8, Sch.2.
C23Ss. 51-52 modified (10.1.1992) by S.I. 1991/2913,
art. 8, Sch.2.
52 Care of sanitary conveniences used in common. E+W
Where a sanitary convenience is used in common by the members of two or more families,
the following provisions shall have effect:—
(a)if any person injures or improperly fouls the convenience, or anything used in
connection therewith, or wilfully or by negligence causes an obstruction in the
drain therefrom, he shall be liable to a fine not exceeding [F59level
1 on the standard scale];
(b)if the convenience, or the approach thereto, is, for want of proper cleansing
or attention, in such a condition as to be insanitary, such of the persons having
the use thereof in common as are in default, or, in the absence of satisfactory
proof as to which of them is in default, each of them, shall be liable to a fine
not exceeding [F59level 1 on the standard
scale], and to a further fine not exceeding [F60£2]
for each day on which the offence continues after conviction therefor.
Annotations:
Amendments (Textual)
F59Words substituted by virtue of Criminal Justice Act 1982
(c. 48, SIF 39:1), s. 46
F60Words substituted by virtue of Decimal Currency Act 1969
(c. 19), s. 10(1)
Modifications etc. (not altering text)
C24Ss. 51-52 modified (7.8.1991) by S.I. 1991/1773,
art. 8, Sch.2.
C25Ss. 51-52 modified (10.1.1992) by S.I. 1991/2913,
art. 8, Sch.2.
53—62.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F61 E+W
Annotations:
Amendments (Textual)
F61Ss. 53–62 repealed by Building Act 1984
(c. 55, SIF 15), s. 133(2),
Sch. 7
63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62 E+W
Annotations:
Amendments (Textual)
F62S. 63 repealed by Public Health Act
1961 (c. 64), Sch. 5 Pt. 1
64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63 E+W
Annotations:
Amendments (Textual)
F63S. 64 repealed (with saving for s. 64(5))
by
Building Act 1984 (c. 55, SIF 15), ss. 132, 133(2), Sch. 5 para. 4(1),
Sch. 7
65—67.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F64 E+W
Annotations:
Amendments (Textual)
F64Ss. 65–67 repealed by Building Act 1984
(c. 55, SIF 15), s. 133(2),
Sch. 7
68, 69.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65 E+W
Annotations:
Amendments (Textual)
F65Ss. 68, 69 repealed by Public Health Act
1961 (c. 64), Sch. 5 Pt. 1
70, 71.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66 E+W
Annotations:
Amendments (Textual)
F66Ss. 70, 71 repealed by Building Act 1984 (c. 55,
SIF 15), s. 133(2),
Sch. 7
Removal of refuse, scavenging, keeping of animals, &c.
72—76.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F67 E+W
Annotations:
Amendments (Textual)
F67Ss. 72–76 repealed by Control of Pollution
Act 1974 (c. 40, SIF 46:4), s. 109(2),
Sch. 4
77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F68 E+W
Annotations:
Amendments (Textual)
F68S. 77 repealed by Control of Pollution
Act 1974 (c. 40), Sch. 4
78 Scavenging of common courts and passages. E+W
(1)If any court, yard or passage which is used in common by the occupants of two
or more buildings, but is not a highway repairable by the inhabitants at large,
is not regularly swept and kept clean and free from rubbish or other accumulation
to the satisfaction of the local authority, the authority may cause it to be swept
and cleansed.
(2)The local authority may recover any expenses reasonably incurred by them under
this section from the occupiers of the buildings which front or abut on the court
or yard, or to which the passage affords access, in such proportions as may be determined
by the authority, or, in case of dispute, by a court of summary jurisdiction.
79 [F69Power to require removal of noxious matter by
occupier of premises in urban district. E+W
(1)If in a borough or [F70district,]
or in a rural district or contributory place in which section forty-nine of the
M2Public Health Act 1875, was in force immediately
before the commencement of this Act, it appears to the [F71proper
officer of the authority] that any accumulation of noxious matter ought to be removed,
he shall serve notice on the owner thereof, or on the occupier of the premises on
which it is found, requiring him to remove it, and, if the notice is not complied
with within twenty-four hours after service thereof, the inspector may remove the
matter referred to.
(2)A local authority may recover the expenses of any action reasonably taken by their
inspector under the preceding sub-section from the owner or occupier in default.]
Annotations:
Amendments (Textual)
F69S. 79 repealed (prosp.) by Control of Pollution
Act 1974 (c. 40), ss. 108,
109(2), Sch. 4
F70Words substituted by virtue of Local Government Act 1972
(c. 70), s. 179(3)
F71Words substituted by virtue of Local Government Act 1972
(c. 70), Sch.
29 Pt. I para. 4(1)(a)
Modifications etc. (not altering text)
C26S. 79 amended by Radioactive Substances
Act 1960 (c. 34), s. 9,
Sch.
1 Pt. I para. 3; applied by
Local Government Act 1972 (c. 70), Sch. 14 para.
4
S. 79 amended (temp.) (27.8.1993) by 1993 c. 12,
ss. 40, 49(2), 51(2), Sch. 3 Pt. I para. 1,
Sch. 5 Pt. II para.
9(3)
Marginal Citations
80 [F72Power to require periodical removal of manure,
&c. from stables, &c. in urban district. E+W
(1)In a borough or [F73district,]
and in a rural district or contributory place in which section fifty of the
M3Public Health Act 1875 was in force immediately before the commencement
of this Act, the local authority may by public or other notice require the periodical
removal, at such intervals as may be specified in the notice, of manure or refuse
from mews, stables or other premises.
(2)If a person on whom a notice has been served under this section fails to comply
therewith, he shall be liable to a fine not exceeding [F74level
1 on the standard scale].]
Annotations:
Amendments (Textual)
F72S. 80 repealed (prosp.) by Control of Pollution
Act 1974 (c. 70), s. 109(2),
Sch. 4
F73Words substituted by virtue of Local Government Act 1972
(c. 70), s. 179(3)
F74Words substituted by virtue of Criminal Justice Act 1982
(c. 48, SIF 39:1), s. 46
Modifications etc. (not altering text)
C27S. 80 applied by Local Government
Act 1972 (c. 70), Sch. 14 para.
4
Marginal Citations
81 Byelaws for the prevention of certain nuisances. E+W
A local authority may make byelaws for preventing—
(a)the occurrence of nuisances from snow, filth, dust, ashes and rubbish;
(b)the keeping of animals so as to be prejudicial to health.
Annotations:
Modifications etc. (not altering text)
C28S. 81 amended by Radioactive Substances
Act 1960 (c. 34), s. 9,
Sch.
1 Pt. I para. 3; extended (Greater London) by London Government
Act 1963 (c. 33), Sch.
11 Pt. I para. 17
S. 81 amended (27.8.1993) by 1993 c. 12,
ss. 40, 51(2), Sch. 3 Pt. I para.1
82 Byelaws as to removal through streets of offensive matter or liquid. E+W
(1)A local authority may make byelaws—
(a)prescribing the times for the removal, or carriage through the streets, of any
fæcal or offensive or noxious matter or liquid, whether that matter or liquid is
in course of removal or carriage from within, or from without, or through, their
district;
(b)requiring that the receptacle or vehicle used for the removal or carriage of any
such matter or liquid shall be properly constructed and covered so as to prevent
the escape of any such matter or liquid;
(c)requiring the cleansing of any place whereon any such matter or liquid has been
dropped or split in the course of removal or carriage.
(2)If and so far as a byelaw made under the preceding sub-section is inconsistent
with [F75an order under section [F766
of the M4Road Traffic Regulation Act 1967] the order shall
prevail].
Annotations:
Amendments (Textual)
F75Words substituted by
London Government Act 1963 (c. 33), Sch.
11 Pt. I para. 18(2)
F76Words substituted by virtue of Road Traffic Regulations
Act 1967 (c. 76), Sch. 8
para. 2
Modifications etc. (not altering text)
C29S. 82 amended by Radioactive Substances
Act 1960 (c. 34), s. 9,
Sch.
1 Pt. I para. 3; extended (Greater London) by London Government
Act 1963 (c. 33), Sch.
11 Pt. I para. 18(1)
S. 82 amended (27.8.1993) by 1993 c. 12,
ss. 40, 51(2), Sch. 3 Pt. I para. 1
C30S. 82 modified (7.8.1991) by S.I. 1991/1773,
art. 8, Sch.2.
C31S. 82 modified (10.1.1992) by S.I. 1991/2913,
art. 8, Sch.2.
Marginal Citations
Filthy or verminous premises or articles, and verminous persons.
83 Cleansing of filthy or verminous premises. E+W
[F77(1)Where a local authority, upon consideration of
a report from any of their officers, or other information in their possession, are
satisfied that any premises—
(a)are in such a filthy or unwholesome condition as to be prejudicial to health,
or
(b)are verminous,
the local authority shall give notice to the owner or occupier of the premises requiring
him to take such steps as may be specified in the notice to remedy the condition
of the premises by cleansing and disinfecting them, and the notice may require among
other things the removal of wallpaper or other covering of the walls, or, in the
case of verminous premises, the taking of such steps as may be necessary for destroying
or removing vermin.
(1A)A notice under the foregoing subsection may require—
(a)the interior surface of premises used for human habitation or as shops or offices
to be papered, painted or distempered, and
(b)the interior surface of any other premises to be painted, distempered or whitewashed,
and shall allow the person on whom the notice is served, or the local authority acting
in his default, to choose, in a case under paragraph (a) of this subsection, between
papering, painting and distempering and, in a case under paragraph (b) of this subsection,
between painting, distempering and whitewashing.]
(2)If a person on whom a notice under this section is served fails to comply with
the requirements thereof, the authority may themselves carry out the requirements
and recover from him the expenses reasonably incurred by them in so doing, and,
without prejudice to the right of the authority to exercise that power, he shall
be liable to a fine not exceeding [F78level
1 on the standard scale] and to a further fine not exceeding [F79£2]
for each day on which the offence continues after conviction therefor:
Provided that in any proceedings under this subsection it shall be open to the defendant
to question the reasonableness of the authority’s requirements or of their decision
to address their notice to him and not to the occupier or, as the case may be, the
owner of the premises.
(3)Where a local authority take action under paragraph (b) of subsection (1) of this
section, their notice may require that they shall be allowed to employ gas for the
purpose of destroying vermin on the premises, but in that case the notice shall
be served both on the owner and on the occupier of the premises, and the authority
shall bear the cost of their operations and may provide temporary shelter or house
accommodation for any person compelled to leave the premises by reason of their
operations.
[F80(4) This section shall not apply to any premises forming
part of a factory or of a mine or quarry within the meaning of the M5Mines
and Quarries Act 1954.]
Annotations:
Amendments (Textual)
F77S. 83(1)(1A) substituted for s. 83(1)
by
Public Health Act 1961 (c. 64), s. 35(2) with
saving for notices given under s. 83 before 3.10.1961
F78Words substituted by virtue of Criminal Justice Act 1982
(c. 48, SIF 39:1), ss. 38, 46
F79Words substituted by virtue of Decimal Currency Act 1969
(c. 19), s. 10(1)
F80S. 83(4) added by Public Health Act
1961 (c. 64), s. 35(3)
with saving for notices given under s. 83 before 3.10.1961
Modifications etc. (not altering text)
C32S. 83 amended by Public Health Act
1961 (c. 64), s. 36
C33Power to apply conferred by
Housing Act 1988 (c. 50, SIF 61), s. 68(1)(a)
C34Ss. 83-86 modified (7.8.1991) by S.I. 1991/1773,
art. 8, Sch.2.
C35Ss. 83-86 modified (10.1.1992) by S.I. 1991/2913,
art. 8, Sch.2.
Marginal Citations
84 Cleansing or destruction of filthy or verminous articles. E+W
Where it appears to a local authority upon a certificate of [F81the
proper officer of the authority] that any article in any premises—
(a)is in so filthy a condition as to render its cleansing, purification or destruction
necessary in order to prevent injury, or danger of injury, to the health of any
person in the premises; or
(b)is verminous, or by reason of its having been used by, or having been in contact
with, any verminous person is likely to be verminous,
the local authority shall cause that article to be cleansed, purified, disinfected
or destroyed, as the case may require, at their expense and, if necessary for that
purpose, to be removed from the premises.
Annotations:
Amendments (Textual)
F81Words substituted by virtue of Local Government Act 1972
(c. 70), Sch.
29 Pt. I para. 4(1)(a)
Modifications etc. (not altering text)
C36Power to apply conferred by
Housing Act 1988 (c. 50, SIF 61), s. 68(1)(a)
C37Ss. 83-86 modified (7.8.1991) by S.I. 1991/1773,
art. 8, Sch.2.
C38Ss. 83-86 modified (10.1.1992) by S.I. 1991/2913,
art. 8, Sch.2.
85 Cleansing of verminous persons and their clothing. E+W
(1)Upon the application of any person, a county council or a local authority may
take such measures as are, in their opinion, necessary to free him and his clothing
from vermin.
(2)Where it appears to a county council or a local authority, upon a report from
[F82the proper officer of the authority], that any
person, or the clothing of any person, is verminous, then, if that person consents
to be removed to a cleansing station, they may cause him to be removed to such a
station, and, if he does not so consent, they may apply to a court of summary jurisdiction,
and the court, if satisfied that it is necessary that he or his clothing should
be cleansed, may make an order for his removal to such a station and for his detention
therein for such period and subject to such conditions as may be specified in the
order.
(3)Where a person has been removed to a cleansing station in pursuance of the last
preceding subsection, the county council or local authority shall take such measures
as may, in their opinion, be necessary to free him and his clothing from vermin.
(4)The cleansing of females under this section shall be carried out only by a registered
medical practitioner, or by a woman duly authorised by the [F82proper
officer of the authority].
(5)Any consent required to be given for the purposes of this section may, in the
case of a person under the age of sixteen years, be given on his behalf by his parent
or guardian.
(6)No charge shall be made in respect of the cleansing of a person or his clothing,
or in respect of his removal to, or maintenance in, a cleansing station under this
section.
(7)The powers conferred on a county council or local authority by this section shall
be in addition to, and not in derogation of, any power in relation to the cleansing
of children which may be exercisable by them as a local education authority.
Annotations:
Amendments (Textual)
F82Words substituted by virtue of Local Government Act 1972
(c. 70), Sch.
29 Pt. I para. 4(1)(a)
Modifications etc. (not altering text)
C39Ss. 83-86 modified (7.8.1991) by S.I. 1991/1773,
art. 8, Sch.2.
C40Ss. 83-86 modified (10.1.1992) by S.I. 1991/2913,
art. 8, Sch.2.
C41 “Authority” where substituted in s. 85(2)(4) includes County Council: Local Government
Act 1972 (c. 70), s. 270(1)
86 Provision of cleansing stations. E+W
A county council or local authority may provide such cleansing stations as may be
necessary for the discharge of their functions under any of the three last preceding
sections.
Annotations:
Modifications etc. (not altering text)
C42Ss. 83-86 modified (7.8.1991) by S.I. 1991/1773,
art. 8, Sch.2.
C43Ss. 83-86 modified (10.1.1992) by S.I. 1991/2913,
art. 8, Sch.2.
Public sanitary conveniences
87 Provision of public conveniences. E+W
[F83(1)A county council, . . . F84,
a local authority or a parish or community council may, subject to subsection (2)
of this section, provide sanitary conveniences in proper and convenient situations.
(2)Any such council or authority shall not provide any such convenience in or under
a highway or proposed highway for which they are not the highway authority without
the consent of the highway authority.]
(3)[F85Any such council or] authority who provide any public
sanitary conveniences, may—
(a)make byelaws as to the conduct of persons using or entering them;
(b)let them for such term, at such rent, and subject to such conditions as they think
fit;
(c)charge such fees for the use of any such conveniences, other than urinals, as
they think fit.
(4)In this section the expression “sanitary conveniences” includes lavatories.
Annotations:
Amendments (Textual)
F83S. 87(1)(2) substituted by Local Government
Act 1972 (c. 70), Sch. 14 para.
9(1)
F84Words repealed by
Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F85Words substituted by
Local Government Act 1972 (c. 70), Sch. 14 para.
9(2)
Modifications etc. (not altering text)
C44S. 87 modified by S.I. 1973/686,
art. 3(1), Sch. 3
C45Functions of Minister of Transport under s. 87(1) in relation to Wales now exercisable
by Secretary of State:
S.I. 1965/319, art. 3, Sch. 2 Pt. I
88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F86 E+W
Annotations:
Amendments (Textual)
F86S. 88 repealed by Building Act 1984
(c. 55, SIF 15), s. 133(2),
Sch. 7
89. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87 E+W
Annotations:
Amendments (Textual)
F87S. 89 repealed by Local Government
(Miscellaneous Provisions) Act 1976 (c. 57),
Sch. 2
General
90 Interpretation of Part II. E+W
(1)In this Part of this Act, unless the context otherwise requires, the following
expressions have the meanings hereby assigned to them, that is to say—
“cesspool” includes a settlement tank or other tank for the reception or disposal
of foul matter from buildings;
“closet” includes privy;
“earthcloset” means a closet having a moveable receptable for the reception of fæcal
matter and its deodorisation by the use of earth, ashes or chemicals, or by other
methods;
“joint sewerage board” includes any authority or committee constituted for the purpose
of collecting and dealing with the contents of sewers from the districts of two
or more local authorities;
“sanitary conveniences” means closets and urinals;
. . . F88
“surface water” includes water from roofs;
“vermin,” in its application to insects and parasites, includes their eggs, larvæ
and pupæ, and the expression “verminous” shall be construed accordingly; and
“watercloset” means a closet which has a separate fixed receptacle connected to a
drainage system and separate provision for flushing from a supply of clean water
either by the operation of mechanism or by automatic action.
(2)For the purposes of this Part of this Act [F89except
sections 61 to 71 and any other enactment to which section 74(1) of the M6Health
and Safety at Work etc. Act 1974 applies], any of the following operations shall
be deemed to be the erection of a building, that is to say—
(i)the re-erection of any building or part of a building when an outer wall of that
building or, as the case may be, that part of a building has been pulled down, or
burnt down, to within ten feet of the surface of the ground adjoining the lowest
storey of the building or of that part of the building;
(ii)the re-erection of any frame building or part of a frame building when that building
or part of a building has been so far pulled down, or burnt down, as to leave only
the framework of the lowest storey of the building or of that part of the building.
(iii)the roofing over of any open space between walls or buildings;
and the word “erect” shall be construed accordingly.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F90
(4)Any reference in this Part of this Act to a drain or to a sewer shall be construed
as including a reference to any manholes, ventilating shafts, pumps or other accessories
belonging to that drain or sewer, F91.
. .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Amendments (Textual)
F88Definition of “sewerage authority” repealed by Water Act 1973 (c. 37),
Sch. 9
F89Words substituted by Health and Safety at Work etc. Act 1974 (c. 37), Sch.
6 Pt. I para. 3(a)
F90S. 90(3)(6) repealed by Building Act 1984
(c. 55, SIF 15), s. 133(2),
Sch. 7
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