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)


F1
S. 1 substituted by Local Government
Act 1972 (c. 70)
Sch. 14 para. 1


F2
Words inserted by National Health
Service Reorganisation Act 1973 (c. 32)
, Sch. 4 para. 2


F3
Words 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


F4
Words 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


F5
S. 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


F6
Words 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)


F7
Ss. 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)


F8
Words inserted by Public Health (Control of
Disease) Act 1984 (c. 22, SIF 100:1)
, s. 78,
Sch. 2 para. 1


F9
Words inserted by
Building Act 1984 (c. 55, SIF 15)
, s. 133(1), Sch. 6 para. 2


F10
Words repealed by
Charities Act 1960 (c. 58)
, Sch. 7 Pt. II


F11
Words substituted by
S.I. 1949/2393
(1949 I, p. 3973), art. 3, Sch. 2


F12
S. 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)


F13
S. 7(1) proviso repealed by Local Government
Act 1972 (c. 70)
, Sch. 30


F14
Ss. 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)


F15
Ss. 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)


F16
Words repealed by Public Health (Control of
Disease) Act 1984 (c. 22, SIF 100:1)
, s. 78,
Sch. 3


F17
Words repealed by
S.I. 1949/2393
(1949 I, p. 3973), art. 2, Sch. 2


F18
Words repealed by Public Health (Control of
Disease) Act 1984 (c. 22, SIF 100:1)
, s. 78,
Sch. 3


F19
Words substituted by
S.I. 1949/2393
(1949 I, p. 3973), art. 3, Sch. 2


F20
Words 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)


F21
Words 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)


F22
Ss. 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)


F23
Ss. 14, 16 repealed by Water Act 1973 (c. 37),
Sch. 9

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24
E+W

Annotations:

Amendments (Textual)


F24
S. 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)


F25
Ss. 14, 16 repealed by Water Act 1973 (c. 37),
Sch. 9

F2617. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W

Annotations:

Amendments (Textual)


F26
S. 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)


F27
S. 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)


F28
S. 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)


F29
S. 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)


F30
S. 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)


F31
Ss. 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)


F32
S. 25 repealed by Building Act 1984
(c. 55, SIF 15)
, s. 133(2),
Sch. 7

26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33
E+W

Annotations:

Amendments (Textual)


F33
S. 26 repealed by Public Health (Drainage
of Trade Premises) Act 1937 (c. 40)
,
s. 1(3)

F3427. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W

Annotations:

Amendments (Textual)


F34
S. 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)


F35
Ss. 28, 35 repealed by Water Act 1973 (c. 37),
Sch. 9

29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F36
E+W

Annotations:

Amendments (Textual)


F36
S. 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)


F37
S. 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)


F38
S. 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)


F39
S. 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
M1
Improvement of Land Act 1864 and the provisions of that Act shall apply
accordingly.

Annotations:

Marginal Citations


M1
1864
c. 114
.

Private sewers and drains and cesspools

F4034. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W

Annotations:

Amendments (Textual)


F40
S. 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)


F41
Ss. 28, 35 repealed by Water Act 1973 (c. 37),
Sch. 9

F4236. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W

Annotations:

Amendments (Textual)


F42
S. 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)


F43
Ss. 37–41 repealed by Building Act 1984
(c. 55, SIF 15)
, s. 133(2),
Sch. 7

F4442. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W

Annotations:

Amendments (Textual)


F44
S. 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)


F45
Ss. 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)


F46
Words substituted by virtue of Criminal Justice Act 1982
(c. 48, SIF 39:1)
, s. 46


F47
Words substituted by virtue of Decimal Currency Act 1969
(c. 19)
, s. 10(1)


F48
Words repealed by Offices, Shops and Railway
Premises Act 1963 (c. 41)
, Sch. 2


F49
Words in S. 45(4) repealed (5.11.1993) by 1993 c. 50,
s. 1(1), Sch. 1 Pt. XIV Group3


F50
Words 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)


F51
Ss. 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)


F52
Word 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)


F53
Words substituted by virtue of Criminal Justice Act 1982
(c. 48, SIF 39:1)
, s. 46


F54
Words 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)


F55
Words 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)


F56
Words substituted by virtue of Criminal Justice Act 1982
(c. 48, SIF 39:1)
, s. 46


F57
Words 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)


F58
Words 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)


F59
Words substituted by virtue of Criminal Justice Act 1982
(c. 48, SIF 39:1)
, s. 46


F60
Words 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)


F61
Ss. 53–62 repealed by Building Act 1984
(c. 55, SIF 15)
, s. 133(2),
Sch. 7

63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62
E+W

Annotations:

Amendments (Textual)


F62
S. 63 repealed by Public Health Act
1961 (c. 64)
, Sch. 5 Pt. 1

64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F63
E+W

Annotations:

Amendments (Textual)


F63
S. 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)


F64
Ss. 65–67 repealed by Building Act 1984
(c. 55, SIF 15)
, s. 133(2),
Sch. 7

68, 69.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F65
E+W

Annotations:

Amendments (Textual)


F65
Ss. 68, 69 repealed by Public Health Act
1961 (c. 64)
, Sch. 5 Pt. 1

70, 71.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F66
E+W

Annotations:

Amendments (Textual)


F66
Ss. 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)


F67
Ss. 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)


F68
S. 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)


F69
S. 79 repealed (prosp.) by Control of Pollution
Act 1974 (c. 40)
, ss. 108,
109(2), Sch. 4


F70
Words substituted by virtue of Local Government Act 1972
(c. 70)
, s. 179(3)


F71
Words 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