Public Health Act 1961 (c. 64)
E+W
Public Health Act 1961
1961 CHAPTER 64 9 and 10 Eliz 2
An Act to amend the provisions of the Public Health Act 1936, relating to building
byelaws, to make such amendments of the law relating to public health and the functions
of county councils and other local authorities as are commonly made in local Acts,
to amend the law relating to trade effluents and to amend section two hundred and
forty-nine of the said Act of 1936.
[3rd August 1961]
Annotations:
Modifications etc. (not altering text)
C1Act extended by
London Government Act 1963 (c. 33), s. 40; explained
by
Local Government Act 1972 (c. 70), ss. 180(1)(3)(h),
181(2)(e)
C2Power to apply Act with modifications conferred by New Towns Act 1965
(c. 59), s. 34(3)
C3Minister’s functions under this Act exercisable (W.) by Secretary of State:
S.I. 1965/319, art. 2(1), Sch. 1 Pt. I
C4Power to transfer certain functions conferred by Public Health (Control
of Disease) Act 1984 (c. 22, SIF 100:1), s.
7(4)(f)
C5Act amended (1.4.1996) by
S.I. 1996/593, reg. 2, Sch. 1
Act: transfer of functions (1.7.1999) by S.I. 1999/672,
art. 2, Sch. 1
Commencement Information
I1Act partly in force at 3.10.1961. see s. 86(2)(b), wholly in force at 1. 2. 1966
see s. 86(2)(a) by S.I. 1965/1374
Part I E+W GENERAL
1 Construction. E+W
(1)Part II of this Act [F1except
so much of it as relates to building regulations] shall be construed as one with
Part II of the M1Public
Health Act 1936.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2
[F3(3). . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .]
(4)Subject to the provisions of this Act, the provisions of the
M2Public Health Act 1936, set out in the following table shall apply in relation
to Part IV and Part VI of this Act as if the said Part IV and the said Part VI were
contained in that Act.
TABLE
Section Subject Matter 275 Power of local authority to execute certain work on behalf
of owners or occupiers. 283 Form of notices. 284 Authentication of documents. 285
Service of notices. 288 Penalty for obstructing execution of Act. 304 Judges’ and
justices’ liability to rates. 305 Protection of members and officers of local authorities.
341 Power to apply provisions of Act to Crown property. 343 Interpretation.
Annotations:
Amendments (Textual)
F1Words inserted by Health and Safety at Work etc. Act 1974 (c. 37), s. 76(2)
F2S. 1(2) repealed by Public Health (Control
of Disease) Act 1984 (c. 22, SIF 100:1), s. 78,
Sch. 3
F3S. 1(3) repealed (1.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60, SIF:130), ss. 3(1),
4(2), Sch. 3 Pt. I (with Sch. 2 paras. 10,
14(1),
15)
Marginal Citations
2 Interpretation. E+W
(1)In this Act “the Minister” means [F4the
Secretary of State].
(2)Any reference in this Act to a parish council shall include a reference to the
council of a borough included in a rural district.
(3)In this Act the expression “local authority”, except where the context otherwise
requires, means the council of a borough or urban . . .
F5 district, [F6the
Common Council, the Sub-Treasurer of the Inner Temple or the Under-Treasurer of
the Middle Temple] and includes the Council of the Isles of Scilly.
(4)Any reference in this Act to the medical officer of health, or to a public health
inspector, or to the surveyor, shall, in relation to premises in the district of
a local authority, mean the medical officer of health, or a public health inspector,
or the surveyor, of that local authority.
(5)Any reference in this Act to any enactment shall be taken as a reference to that
enactment as amended by or under any other Act, including this Act.
Annotations:
Amendments (Textual)
F4Words substituted by virtue of (W.) S.I. 1965/319, arts. 2(1), 10(1), Sch. 1 Pt. 1,
(E.) 1970/1681, arts. 2(1), 6(3)
F5Words repealed by
Local Government Act 1972 (c. 70) Sch. 30
F6Words inserted by
London Government Act 1963 (c. 33), Sch.
11 Pt. I para. 33
Modifications etc. (not altering text)
C6Definition of local authority in s. 2(3) excluded by Health and Safety at Work
etc. Act 1974 (c. 37), s. 76(2)(b)
3 Extent. E+W
This Act shall not extend to Scotland or Northern Ireland . . .
F7
Annotations:
Amendments (Textual)
F7Words repealed by
London Government Act 1963 (c. 33), Sch. 18 Pt. II
Part II E+W SANITATION AND BUILDINGS
Annotations:
Modifications etc. (not altering text)
C13Pt. II amended by Health and Safety at Work etc. Act 1974 (c. 37),
s. 76(1)(2)
C14Pt. II (ss. 4–37) amended by Housing and Building
Control Act 1984 (c. 29, SIF 61), ss. 41(1),
52(1) and 60(2)(c)
Building regulations
4—11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8 E+W
Annotations:
Amendments (Textual)
F8Ss. 4–11 repealed by
Building Act 1984 (c. 55, SIF 15), s. 133(2),
Sch. 7
Sewers, drains and sanitary conveniences
12—14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9 E+W
Annotations:
Amendments (Textual)
F9Ss. 12–14 repealed by
Water Act 1989 (c. 15, SIF 130), ss. 69, 190(3), Sch. 8 para. 4(1),
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), 17, 40(4), 41(1), 57(6), 58)
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10 E+W
Annotations:
Amendments (Textual)
F10S. 15 repealed by Water Act 1973 (c. 37),
Sch. 9
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11 E+W
Annotations:
Amendments (Textual)
F11S. 16 repealed by Local Government
Act 1972 (c. 70), Sch. 30
[F1217
Powers to repair drains etc. and to remedy stopped-up drains etc. E+W
(1)If it appears to a local authority that a drain, private sewer, water-closet,
waste pipe or soil pipe—
(a)is not sufficiently maintained and kept in good repair, and
(b)can be sufficiently repaired at a cost not exceeding £250,
the local authority may, after giving not less than seven days notice to the person
or persons concerned, cause the drain, private sewer, water-closet or pipe to be
repaired and, subject to subsections (7) and (8) below, recover the expenses reasonably
incurred in so doing, so far as they do not exceed £250, from the person or persons
concerned, in such proportions, if there is more than one such person, as the local
authority may determine.
(2)In subsection (1) above “person concerned” means—
(a)in relation to a water-closet, waste pipe or soil pipe, the owner or occupier
of the premises on which it is situated, and
(b)in relation to a drain or private sewer, any person owning any premises drained
by means of it and also, in the case of a sewer, the owner of the sewer.
(3)If it appears to a local authority that on any premises a drain, private sewer,
water-closet, waste pipe or soil pipe is stopped up, they may by notice in writing
require the owner or occupier of the premises to remedy the defect within forty-eight
hours from the service of the notice.
(4)If a notice under subsection (3) of this section is not complied with, the local
authority may themselves carry out the work necessary to remedy the defect and,
subject to subsections (7) and (8) below, may recover the expenses reasonably incurred
in so doing from the person on whom the notice was served.
(5)Where the expenses recoverable by a local authority under sub-section (1) or (4)
of this section do not exceed £10, the local authority may, if they think fit, remit
the payment of the expenses.
(6)In proceedings to recover expenses under this section—
(a)where the expenses were incurred under subsection (1) of this section, the court—
(i)shall inquire whether the local authority were justified in concluding that the
drain, private sewer, water-closet, waste pipe or soil pipe was not sufficiently
maintained and kept in good repair; and
(ii)may inquire whether any apportionment of expenses by the local authority under
that subsection was fair;
(b)where the expenses were incurred under subsection (4) of this section, the court
may inquire—
(i)whether any requirement contained in a notice served under subsection (3) of this
section was reasonable; and
(ii)whether the expenses ought to be borne wholly or in part by some person other
than the defendant in the proceedings.
(7)Subject to subsection (8) below, the court may make such order concerning the
expenses or their apportionment as appears to the court to be just.
(8)Where the court determines that the local authority were not justified in concluding
that a drain, private sewer, water-closet, waste pipe or soil pipe was not sufficiently
maintained and kept in good repair, the local authority shall not recover expenses
incurred by them under subsection (1) of this section.
(9)The court shall not revise an apportionment unless it is satisfied that all persons
affected by the apportionment or by an order made by virtue of subsection (6)(b)(ii)
above have had notice of the proceedings and an opportunity of being heard.
(10)Subject to subsection (11) of this section, the provisions of subsection (1)
of this section shall not authorise a local authority to carry out works on land
which belongs to any statutory undertakers and is held or used by them for the purposes
of their undertaking.
(11)Subsection (10) of this section does not apply to houses, or to buildings used
as offices or showrooms, other than buildings so used which form part of a railway
station.
(12)The Secretary of State may by order made by statutory instrument increase any
amount specified in this section.
(13)Nothing in an order made under subsection (12) of this section shall apply to
a notice given under this section before the commencement of the order.
(14)A statutory instrument containing an order under subsection (12) of this section
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(15)The provisions of this section shall be without prejudice to [F13section
59 of the M3Building Act 1984] (which empowers a local authority
to serve notices as regards defective drains).]
Annotations:
Amendments (Textual)
F12S. 17 substituted for sections 17 and 18
by
Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1),
s. 27(1)
F13Words substituted by virtue of
Building Act 1984 (c. 55, SIF 15), s. 133(1), Sch. 6 para. 8
Modifications etc. (not altering text)
C7S. 17(10) extended (1.3.1996) by 1995 c. 45,
s. 16(1), Sch. 4 para. 2(1)(x);
S.I. 1996/218, art. 2
C8S. 17(10) extended by Gas Act 1986 (c.
44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xii),
Sch. 8 para. 33),
Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 1(2)(ix)
(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),
17, 40(4), 57(6), 58) and Electricity Act
1989 (c. 29, SIF 44), s. 112(1)(3),
Sch. 16 para.
1(1)(xii), Sch. 17 paras. 33,
35(1)
Marginal Citations
19—21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14 E+W
Annotations:
Amendments (Textual)
F14Ss. 19–21, 23–33 repealed by Building Act 1984
(c. 55, SIF 15), s. 133(2),
Sch. 7
22 Power to cleanse or repair drains. E+W
A local authority may, on the application of the owner or occupier of any premises,
undertake the cleansing or repair of any drains, waterclosets, sinks or gullies
in or connected with the premises, and may recover from the applicant such reasonable
charge, if any, for so doing as they think fit.
23—33.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15 E+W
Annotations:
Amendments (Textual)
F15Ss. 19–21, 23–33 repealed by Building Act 1984
(c. 55, SIF 15), s. 133(2),
Sch. 7
Accumulations of rubbish
34 Accumulations of rubbish. E+W
(1)If it appears to a local authority that there is [F16on
any land in the open air in their area any rubbish] which is seriously detrimental
to the amenities of the neighbourhood, the local authority may, subject to the provisions
of this section, take such steps for removing the rubbish as they may consider necessary
in the interests of amenity.
(2)Not less than twenty-eight days before taking any action under this section, the
local authority shall serve on the owner and occupier of the [F16land]
a notice stating the steps which they propose to take and giving particulars of
the following provisions of this subsection; and a person on whom the notice is
served and any other person having an interest in the land may within twenty-eight
days from the service of the notice—
(a)serve a counter-notice on the local authority stating that he intends to take
those steps himself; or
(b)appeal to a magistrates’ court on the ground that the local authority were not
justified in concluding that action should be taken under this section, or that
the steps proposed to be taken are unreasonable.
(3)If a counter-notice is served under the last foregoing subsection, the local authority
shall take no further action in the matter under this section unless the person
who served the counter-notice either—
(a)fails within what seems to the local authority a reasonable time to begin to take
the steps stated in the notice, or
(b)having begun to take those steps fails to make such progress towards their completion
as seems to the local authority reasonable.
(4)If an appeal is brought under subsection (2) of this section, the local authority
shall take no further action in the matter under this section until the appeal is
finally determined or withdrawn; and on the hearing of the appeal the court may
direct the local authority to take no further action or may permit the local authority
to take such steps as the court may direct or may dismiss the appeal.
(5)In this section “rubbish” means rubble, waste paper, crockery a00000nd metal,
and any other kind of refuse (including organic matter), but does not include any
material accumulated for, or in the course of, any business [F17or
waste deposited in accordance with a disposal licence in force under Part I of the
M4Control of Pollution Act 1974.]
Annotations:
Amendments (Textual)
F16Words substituted by
Civic Amenities Act 1967 (c. 69), s. 26
F17Words added by
Control of Pollution Act 1974 (c. 40), Sch. 3 para.
18
Modifications etc. (not altering text)
C9S. 34 amended by
Local Government Act 1972 (c. 70), Sch. 14 para.
37
Marginal Citations
Filthy or verminous premises or articles
35 Filthy or verminous premises. E+W
(1)Section eighty-three of the Public Health Act, 1936 (which relates to the cleansing
of filthy or verminous premises), shall be amended as follows.
(2)For subsection (1) of the said section eighty-three there shall be substituted
the following subsections—
“(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 thepremises 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 walls, or, in the case
of vrminous 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 ofpremises 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.”
(3)At the end of the said section eighty-three there shall be added the following
subsection—
“(4)This section shall not apply to any premises forming part of a factory or of
a mine or a quarry within the meanig of the Mines and Quarries Act, 1954.”
(4)This section shall not affect any notice given under the said section eighty-three
before the commencement of this Act.
Annotations:
Modifications etc. (not altering text)
C10The text of s. 35 is in the form in which it was originally enacted: it was not
reproduced in Statutes in Force and does not reflect any amendments or repeals which
may have been made prior to 1.2.1991.
36 Power to require vacation of premises during fumigation. E+W
(1)If a local authority serve a notice under subsection (3) of section eighty-three
of the M5Public Health Act 1936 as amended by the last foregoing
section, on the owner and occupier of any premises requiring that they shall be
allowed to employ gas for the purpose of destroying vermin on the premises—
(a)the notice to the occupier may also require that the premises shall, as from such
date as may be specified in the notice, be vacated until the local authority give
the occupier further notice that the premises can safely be reoccupied; and
(b)the local authority may also serve notice on the occupiers of any other premises
having any floor, wall or ceiling contiguous with the first-mentioned premises,
or into which there is reason to apprehend that the gas may penetrate, requiring
that those other premises shall be vacated as aforesaid.
(2)No person shall be required under this section to vacate any premises used for
human habitation for any period unless alternative shelter or other accommodation
has been provided for him by the local authority free of charge for that period;
and any notice given under this section shall specify the alternative shelter or
other accommodation so provided.
(3)A person on whom a notice is served under this section may within the period of
seven days from the date on which the notice was served on him appeal to a magistrates’
court, and the requirements included in the notice in pursuance of this section
shall not take effect until the expiration of that period or, where an appeal is
brought within that period, before the appeal is disposed of or withdrawn.
The provisions of this subsection as to the period within which an appeal shall be
brought shall have effect notwithstanding anything in subsection (2) of section
three hundred of the M6Public
Health Act 1936 as applied to this Part of this Act.
(4)So much of subsection (2) of the said section eighty-three as imposes a penalty
for failure to comply with the requirements of a notice under that section shall
also apply to the requirements included in the notice by virtue of this section.
(5)The local authority shall defray any reasonable expenses incurred in removing
from and returning to any premises in compliance with a notice served under paragraph
(b) of subsection (1) of this section, and may, if they think fit, defray any such
expenses incurred in compliance with a notice under paragraph (a) of that subsection.
Annotations:
Modifications etc. (not altering text)
C11Power to apply conferred by
Housing Act 1988 (c. 50, SIF 61), s. 68(1)(a)
C12S. 36: Certain functions transferred (7.8.1991) by S.I 1991/1773,
art. 8(1)(3), Sch. 2.
S. 36 modified (7.8.1991) by S.I. 1991/1773,
art. 8(2)(3), Sch. 2.
s. 36 modified (10.1.1992) by S.I. 1991/2913,
art. 8, Sch.2
Marginal Citations
37 Prohibition of sale of verminous articles. E+W
(1)No dealer shall—
(a)prepare for sale, or
(b)sell or offer or expose for sale, or
(c)deposit with any person for sale or preparation for sale,
any household article if it is to his knowledge verminous, or if by taking reasonable
precautions he could have known it to be verminous.
(2)If a household article which is verminous is on any premises—
(a)being prepared by a dealer for sale, or
(b)offered or exposed by a dealer for sale, or
(c)deposited by a dealer with any person for sale or preparation for sale.
the medical officer of health or public health inspector may cause the article to
be disinfested or destroyed as the case may require, and if necessary for that purpose
to be removed from the premises; and the local authority may recover from the dealer
the expenses reasonably incurred by the local authority in taking any action under
this subsection.
(3)If any person contravenes the provisions of subsection (1) of this section he
shall be liable to a fine not exceeding [F18level
1 on the standard scale].
(4)In this section—
(a)“dealer” means a person who trades or deals in any household articles;
(b)“household article” means an article of furniture, bedding or clothing or any
similar article;
(c)references to preparation for sale do not include references to disinfestation.
Annotations:
Amendments (Textual)
F18Words substituted by virtue of Criminal Justice Act 1982
(c. 48, SIF 39:1), ss. 38, 46
Part III E+W PREVENTION AND NOTIFICATION OF DISEASE
38—42.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19 E+W
Annotations:
Amendments (Textual)
F19Ss. 38–42 repealed by Public Health (Control
of Disease) Act 1984 (c. 22, SIF 100:1), s. 78,
Sch. 3
Part IV E+W STREETS AND PUBLIC PLACES
Streets
43, 44.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F20 E+W
Annotations:
Amendments (Textual)
F20Ss. 43, 44 repealed by Highways Act 1980 (c. 66,
SIF 59) s. 343(3), Sch. 25
45 Attachment of street lamps to buildings. E+W
(1)Subject to the provisions of this section, a county council, local authority or
parish council or parish meeting (hereafter in this section referred to as a “street
lighting authority”) may affix to any building such lamps, brackets, pipes, electric
lines and apparatus (hereafter in this section referred to as “attchments”) as may
be required for the purposes of street lighting.
(2)A street lighting authority shall not under this section affix attachments to
a building without the consent of the owner of the building:
Provided that, where in the opinion of the street lighting authority any consent
required under this subsection is unreasonably withheld, they may apply to the appropriate
authority, who may either allow the attachments subject to such conditions, if any,
as to rent or otherwise as the appropriate authority thinks fit, or disallow the
attachments.
(3)Where any attachments have been affixed to a building under this section and the
person who gave his consent under subsection (2) of this section, or who was the
owner of the building when the attachments were allowed by the appropriate authority,
ceases to be the owner of the building, the subsequent owner may give to the street
lighting authority notice requiring them to remove the attachments; and, subject
to the provisions of this subsection, the street lighting authority shall comply
with the requirements within three months after the service of the notice:
Provided that, where in the opinion of the street lighting authority any such requirement
is unreasonable, they may apply to the appropriate authority, who may either annul
the notice subject to such conditions, if any, as to rent or otherwise as the appropriate
authority thinks fit or confirm the notice subject to such extension, if any, of
the said period of three months as the appropriate authority thinks fit.
(4)Where any attachments have been affixed to a building under this section, the
owner of the building may give the street lighting authority by whom they were affixed
not less than fourteen days notice requiring them at their own expense temporarily
to remove the attachments where necessary during any reconstruction or repair of
the building.
(5)Where attachments are affixed to a building under this section, the street lighting
authority shall have the right as against any person having an interest in the building
to alter or remove them, or to repair or maintain them.
(6)If the owner of a building suffers damage by, or in consequence of, the affixing
to the building of any attachments under this section, or by or in consequence of
the exercise of the rights conferred by subsection (5) of this section, he shall
be entitled to be paid by the street lighting authority compensation to be determined
in case of dispute by the Lands Tribunal, and, so far as the compensation is properly
to be calculated by reference to the depreciation of the value of his interest in
the building, Rules 2 to 4 of the Rules set out in section five of the
M7Land Compensation Act 1961 shall apply.
(7)A street lighting authority shall not do anything under this section which would,
to their knowledge, be in contravention of a building preservation order under section
twenty-nine of the M8Town
and Country Planning Act 1947.
(8)In this section “appropriate authority” means a magistrates’ court, except that
in relation to buildings of the descriptions in the Fourth Schedule to this Act
it has the meaning there given.
(9)In this section—
“building” includes a structure and a bridge or aqueduct over a street;
“owner—
(a)in relation to a building occupied under a tenancy for a term of years whereof
five years or more remain unexpired, means the occupier of the building, and
(b)in relation to any other building, has the same meaning as in the
M9Public Health Act 1936 and
“owned” shall be construed accordingly;
“street lighting” includes the lighting of markets and public buildings under section
one hundred and sixty-one of the M10Public
Health Act 1875 (which relates to the powers conferred on urban authorities within
the meaning of that Act), and the lighting of public places under section three
of the M11Parish Councils Act 1957
and the definitions in this section shall apply for the purposes of the Fourth Schedule
to this Act.
(10)Section five of the M12Parish
Councils Act 1957 (which contains provisions as to the consents required for the
exercise of the powers of street lighting conferred by that Act), shall not apply
in relation to the affixing after the commencement of this Act of any attachments
to a building within the meaning of this section but those powers shall not be taken
to authorise anything to be done without consent for which consent is required by
this section.
Annotations:
Modifications etc. (not altering text)
C15S. 45 modified by S.I. 1973/686, art. 3(1), Sch. 3
C16S. 45 extended by Local Government Act 1966
(c. 42) s. 28(4) and
Highways Act 1980 (c. 66, SIF 59), s. 97(4)
C17S. 45: functions of the Secretary of State for Transport may be exercised
by, or by employees of, such person as may be authorised in that behalf by the Secretary
of State for Transport (25.7.1995) by S.I. 1995/1986, art. 2, Sch. 3 para. 5
C18S. 45(2)(4)-(6)(8)(9) applied (with
modifications) (27.7.1993) by
1993 c. xv, s.23.
S. 45(2)(4)-(6)(8)(9) applied (with
modifications) (21.7.1994) by
1994 c. xi, s. 25
S. 45(2)(4)-(6)(8)(9) applied (with
modifications) (21.7.1994) by
1994 c. xv, s. 24(1)(a)(b)
S. 45: functions of a local highway authority made exercisable by,
or by employees of, such person as may be authorised in that behalf by the local
highway authority whose function it is (23.7.1999) by S.I. 1999/2106,
art. 2 Sch. 3 para.
5(a)
Marginal Citations
46—50.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21 E+W
Annotations:
Amendments (Textual)
F21Ss. 46–50 repealed by Highways Act 1980
(c. 66, SIF 59), s. 78, Sch. 25
51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22 E+W
Annotations:
Amendments (Textual)
F22S. 51 repealed by Litter Act 1983 (c. 35, SIF
100:3), s. 12(3), Sch. 2
Parks and open spaces
52 Management of parks and pleasure-grounds. E+W
(1)Sections seventy-six and seventy-seven of the
M13Public Health Acts Amendment Act 1907 (which give a local authority certain
powers as regards their parks and pleasure-grounds), together with Part VI of the
M14Public Health Act 1925 (which extends the said
section seventy-six), shall be in force throughout the district of every local authority
. . . F23
(2)When any part of a park or pleasure-ground is set apart by a local authority under
paragraph (b) of subsection (1) of the said section seventy-six for the purpose
of cricket, football or any other game or recreation, the local authority may, subject
to the restrictions or conditions, if any, prescribed by rules made under that section,
permit the exclusive use by any club or other body of persons of—
(a)any portion of the part set apart as aforesaid, and
(b)the whole or any part of any pavilion, convenience, refreshment room or other
building provided under that section,
subject to such charges and conditions as the local authority think fit.
(3)Subsection (2) of this section shall not empower a local authority to permit at
one and the same time the exclusive use of—
(a)more than one-third of the area of any park or pleasure-ground, or
(b)more than one-quarter of the total area of all the parks and pleasure-grounds
provided by them or under their management and control,
and in exercising their powers under paragraph (a) of that subsection, the local
authority must satisfy themselves that they have not unfairly restricted the space
available to the public for games and recreations.
(4)Subsections (2) and (3) of this section shall be read as one with the said section
seventy-six.
Annotations:
Amendments (Textual)
F23Words repealed by
Statute Law (Repeals) Act 1989 (c. 43), s. 1(1),
Sch. 1 Pt. IV
Modifications etc. (not altering text)
C19S. 52 amended by
S.I. 1966/1305, art. 5(1) and Local Government
Act 1972 (c. 70), Sch. 14 para.
42
Marginal Citations
53 Closing of parks and pleasure-grounds. E+W
(1)Subsection (1) of section forty-four of the
M15Public Health Acts Amendment Act 1890 (which empowers a local authority to
close their parks and pleasure-grounds or to allow their use for a show or other
special purposes), shall be amended as follows.
(2)That subsection shall be in force throughout the district of every local authority,
. . . F24
(3)So much of the said subsection as restricts the power of closing parks or pleasure-grounds
shall have effect as if for the reference to four consecutive days there were substituted
a reference to six consecutive days (excluding Sunday) and in computing any such
period of six consecutive days a Saturday and the following Monday shall be regarded
as consecutive days.
(4)The proviso to the said subsection (which prohibits the closing of a park or pleasure
ground on a Sunday or public holiday) shall cease to apply to a public holiday,
but on any bank holiday, or on Christmas Day or Good Friday, or on a day appointed
for public thanksgiving or mourning, a local authority shall not have power under
the subsection to close any park or pleasure-ground, or any part thereof, if the
area so closed, together with any other area so closed, exceeds one-quarter of the
total area of all the parks or pleasure-grounds provided by the local authority.
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25
Annotations:
Amendments (Textual)
F24Words repealed by
Statute Law (Repeals) Act 1989 (c. 43), s. 1(1),
Sch. 1 Pt. IV
F25S. 53(5) repealed by Statute Law (Repeals)
Act 1989 (c. 43), s. 1(1),
Sch. 1 Pt. IV
Modifications etc. (not altering text)
C20S. 53 amended by
S.I. 1966/1305, art. 5(1) and Local Government
Act 1972 (c. 70), Sch. 14 para.
42
Marginal Citations
54 Boating pools and lakes. E+W
(1)Subject to the provisions of this section, a local authority or parish council
may in any park or pleasure-ground provided by them, or under their management and
control, provide a boating pool.
(2)The local authority or parish council may provide such buildings and execute such
work as may be necessary or expedient in connection with the provision of a boating
pool under this section, and may also provide boats for the boating pool and such
other equipment as may be reasonably required in connection with the use of the
boating pool and buildings.
References in this section to a boating pool so provided shall include references
to anything else provided under this subsection.
(3)The local authority or parish council may either—
(a)themselves manage a boating pool provided under this section, making such reasonable
charges for its use, or for admission, as they think fit, or
(b)let it, or any part of it, for such consideration, and on such terms and conditions,
as they think fit.
(4)Where the existence of a boating pool is likely to interfere with any water flowing
directly or indirectly out of or into any watercourse which is vested in or [F26controlled
by the National Rivers Authority or any internal drainage board], the local authority
or parish council shall before providing a boating pool under this section consult
with [F26that
Authority or, as the case may be, that board].
(5)No power given by this section shall be exercised in such a manner as to contravene
any covenant or condition subject to which a gift or lease of a park or pleasure-ground
has been accepted or made without the consent of the donor, grantor, lessor or other
person or persons entitled in law to the benefit of the covenant or condition.
(6)Subsection (2) of section forty-four of the
M16Public Health Acts Amendment Act 1890 (which gives a local authority certain
powers as regards lakes and water in parks and pleasure-grounds)—
(a)shall apply in relation to a park or pleasure-ground under the management and
control of a local authority as it applies in relation to a park or pleasure-ground
provided by them, and
(b)shall be in force throughout the district of every local authority;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F27
(7)Section two hundred and seventy-eight of the
M17Public Health Act 1936 (under which compensation may be paid for damage incurred
in consequence of the exercise by the local authority of their powers under that
Act), shall apply as if this section were contained in that Act.
(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28
(9)Sections three hundred and thirty-one and three hundred and thirty-four of the
Public Health Act 1936 (which contain savings for water rights and for the works
of land drainage authorities), shall apply as if this section were contained in
that Act and as if references in those sections to a local authority included references
to a parish council.
(10)It is hereby declared that this section does not authorise a local authority
or parish council to do anything in contravention of [F29byelaws
made by virtue of paragraph 5 of Schedule 25 to the Water Resources Act 1991 or
section 66 of the Land Drainage Act 1991].
Annotations:
Amendments (Textual)
F26Words in s. 54(4) substituted (1.12.1991) by Water Consolidation
(Consequential provisions) Act 1991 (c. 60, SIF: 130), ss. 2(1),
4(2), Sch. 1 para. 11(a)
F27Words repealed by
Statute Law (Repeals) Act 1989 (c. 43), s. 1(1),
Sch. 1 Pt. IV
F28S. 54(8) repealed by Local Government
Act 1972 (c. 70), Sch. 30
F29Words in s. 54(10) substituted (1.12.1991) by
Water Consolidation (Consequential Provisions) Act 1991 (c. 60, SIF: 130),
ss. 2(1),
4(2), Sch. 1 para. 11(b)
Modifications etc. (not altering text)
C21S. 54 amended by
S.I. 1966/1305, art. 5(1) and Local Government
Act 1972 (c. 70), Sch. 14 para.
42
Marginal Citations
Part V E+W TRADE EFFLUENTS
Annotations:
Modifications etc. (not altering text)
C22In this Part “the Act of 1937” means Public Health (Drainage
of Trade Premises) Act 1937 (c. 40)
C23Pt. V (ss. 55–71) amended by Water Act 1989 (c. 15, SIF
130), s. 69, Sch. 8 para. 1(2)(d)
(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), 17, 40(4), 57(6), 58)
C24Pt. V (ss. 55–71) modified by Water Act 1989 (c. 15, SIF
130), s. 74(1) (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)(c), 17, 40(4), 57(6), 58)
55—57.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30 E+W
Annotations:
Amendments (Textual)
F30Ss. 55–57 repealed by Control of Pollution
Act 1974 (c. 40), Sch. 4
58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31 E+W
Annotations:
Amendments (Textual)
F31S. 58 repealed by Statute Law (Repeals)
Act 1974 (c. 22), Sch. Pt. XI
Conditions attached to consents
F3259. . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . E+W
Annotations:
Amendments (Textual)
F32S. 59 repealed (01.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60, SIF: 130), ss. 3(1),
4(2), Sch. 3 Pt.I (with Sch. 2 paras. 10,
14(1),
15)
F3360 Power to vary conditions. E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Amendments (Textual)
F33S. 60 repealed (01.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60, SIF: 130), ss. 3(1),
4(2), Sch. 3 Pt.I (with Sch. 2 paras. 10,
14(1),
15)
F3461 Appeals under s. 3 of Act of 1937. E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Amendments (Textual)
F34S. 61 repealed (01.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60, SIF:130), ss. 3(1),
4(2), Sch. 3 Pt.I (with Sch. 2 paras. 10,
14(1),
15)
[F3562
Postponement of right to discharge trade effluents in special cases. E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Annotations:
Amendments (Textual)
F35S. 62 repealed (01.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60, SIF:130), ss. 3(1),
4(2), Sch. 3 Pt.I (with Sch. 2. paras. 10,
14(1),
15)
Farming, scientific research and other special cases
F3663 Effluents from farms and premises used for
scientific research. E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Amendments (Textual)
F36S. 63 repealed (01.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60, SIF:130), ss. 3(1),
4(2), Sch. 3. Pt.I (with Sch. 2 paras. 10, 14(1), 15)
F3764 Power to extend Act of 1937 to other effluents.
E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Amendments (Textual)
F37S. 64 repealed (01.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60, SIF: 130), ss. 3(1),
4(2), Sch. 3 Pt.I (with Sch. 2 paras. 10,
14(1),
15)
65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F38 E+W
Annotations:
Amendments (Textual)
F38S. 65 repealed by Water Act 1973 (c. 37),
Sch. 9
Supplemental
F3966 Appeals to the Minister. E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Amendments (Textual)
F39S. 66 repealed (01.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60, SIF:130), ss. 3(1),
4(2), Sch. 3 Pt.I (with Sch. 2 paras. 10,
14(1),
15)
F4067 Recording and testing of trade effluents. E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Amendments (Textual)
F40S. 67 repealed (01.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60, SiF: 130), ss. 3(1),
4(2), Sch. 3 Pt.I (with Sch. 2 paras. 10,
14(1),
15)
F4168 Restriction of disclosure of information. E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations:
Amendments (Textual)
F41S. 68 repealed (01.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60, SIF:130), ss. 3(1),
4(2), Sch. 3 Pt.I (with Sch. 2 paras. 10,
14(1),
15)
69 Explanation of Act of 1937. E+W
F42(1). . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .
(2)It is hereby declared that the power of the Minister to amend or adapt local Acts
under subsection (1) of section twelve of the Act of 1937, as applied to this Part
of this Act, applies to local Acts coming into force after, as well as before, that
Act.
Annotations:
Amendments (Textual)
F42S. 69(1) repealed (01.12.1991) by Water Consolidation
(Consequential Provisions) Act 1991 (c. 60, SIF: 130), ss. 3(1),
4(2), Sch. 3 Pt.I (with Sch. 2 paras. 10,
14(1),
15)
70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F43 E+W
Annotations:
Amendments (Textual)
F43S. 70 repealed by Water Act 1989 (c. 15, SIF
130), s. 190(3), Sch. 27 Pt. I
(with ss. 58(7), 69, 101(1), 141(6), 160(1)(2)(4),
163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2),
17, 40(4), 41(1), 57(6), 58)
71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F44 E+W
Annotations:
Amendments (Textual)
F44S. 71 repealed by London Government
Act 1963 (c. 33), Sch. 18 Pt. II
Part VI E+W MISCELLANEOUS
72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F45 E+W
Annotations:
Amendments (Textual)
F45S. 72 repealed by Environmental Protection
Act 1990 (c. 43, SIF 46:4), s. 162(2),
Sch. 16 Pt. III
73 Derelict petrol tanks. E+W
(1)Where a fixed tank or other fixed container which has been used for the storage
of petroleum spirit, and is no longer used for that purpose, is kept on any premises,
the occupier of the premises shall take all such steps as may be reasonably necessary
to prevent danger from the container.
(2)An officer of the local authority duly authorised by them may, on producing, if
so required, some duly authenticated document showing his authority, require the
occupier of premises on which there is any tank or other container to which subsection
(1) of this section applies to show it to him and permit him to ascertain whether
steps have been taken to comply with the provisions of this section.
(3)The local authority may by notice require the occupier of the premises to take
the steps reasonably necessary to prevent danger from any tank or other container
to which subsection (1) of this section applies.
(4)The provisions of Part XII of the
M18Public Health Act 1936 with respect to appeals against, and the enforcement
of, notices requiring the execution of works shall apply in relation to any notice
under subsection (3) of this section, and shall so apply as if this section were
contained in that Act.
(5)This section shall apply in relation to premises which are unoccupied with the
substitution for the references to the occupier of the premises of references to
their owner (as defined in subsection (1) of section three hundred and forty-three
of the Public Health Act 1936); and this section shall not apply to premises situated
within the jurisdiction of a harbour authority (as defined in section twenty-three
of the M19Petroleum (Consolidation) Act 1928).
(6)In this section the expression “petroleum spirit” has the same meaning as in the
said Act of 1928.
Annotations:
Modifications etc. (not altering text)
C25S. 73 amended by
S.I. 1990/1380, regs. 3, 4
C26S. 73 modified (7.8.1991) by S.I. 1991/1773,
art. 8(2)(3), Sch. 2
s. 73 modified (10.1.1992) by S.I. 1991/2913,
art. 8, Sch.2
Marginal Citations
74 Power to reduce numbers of pigeons and other birds in built-up areas. E+W
(1)Subject to the provisions of this section, a local authority shall have power
to take any steps for the purpose of abating or mitigating any nuisance, annoyance
or damage caused by the congregation in any built-up area of house doves or pigeons
or of starlings or sparrows.
(2)Nothing in section twenty-three of the
M20Larceny Act 1861 or in any other provision in that Act, shall prevent a local
authority, in exercise of their powers under this section, from taking any reasonable
steps to seize or destroy, or sell or otherwise dispose of, any house doves or pigeons
which in their belief have no owner.
(3)A local authority acting under this section shall take all reasonable precautions
to ensure that the seizure and destruction of any birds are carried out humanely.
(4)It is hereby declared that this section does not authorise a local authority to
do anything in contravention of [F46Part
I of the Wildlife and Countryside Act 1981].
Annotations:
Amendments (Textual)
F46Words substituted by Wildlife and Countryside Act
1981 (c. 69, SIF 4:5), s. 72(6)
Marginal Citations
75 Byelaws as to pleasure fairs and roller skating rinks. E+W
(1)A local authority may make byelaws—
(a)for regulating the hours during which pleasure fairs and roller skating rinks
may be open to the public;
(b)for securing safe and adequate means of ingress to, and egress from, any pleasure
fair or roller skating rink;
(c)for the prevention and suppression of nuisances, and the preservation of sanitary
conditions, cleanliness, order and public safety, at any pleasure fair or roller
skating rink;
[F47(d)without prejudice to the generality of the preceding
paragraph, for preventing outbreaks of fire which might endanger—
(i)stands, stalls or other structures used or intended for use in connection with
any pleasure fair, or
(ii)caravans used or intended for use as sleeping accommodation in connection with
any pleasure fair,
and for reducing the risk of, and the spread of fire from, such outbreaks.]
and it shall be the duty of the local authority to enforce byelaws made by them under
this section.
(2)In this section—
(a)“pleasure fair” means any place—
(i)which is for the time being used wholly or mainly for providing, whether or not
in combination with any other entertainment, any entertainment to which this section
applies, and
(ii)for admission to which, or for the use of the contrivances in which, a charge
is made;
(b)“roller skating rink” means any place which is for the time being used wholly
or mainly for roller skating and for admission to which a charge is made.
(3)Subject to the provisions of the next following subsection, the entertainments
to which this section applies are the following:—
(a)circuses;
(b)exhibitions of human beings or of performing animals;
(c)merry-go-rounds, roundabouts, swings, switchback railways;
(d)coco-nut shies, hoop-las, shooting galleries, bowling alleys;
(e)dodgems or other mechanical riding or driving contrivances;
(f)automatic or other machines intended for entertainment or amusement;
(g)anything similar to any of the foregoing.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F48
(5)Different byelaws may be made under this section for pleasure fairs and roller
skating rinks and for different kinds of pleasure fairs.
(6)Section two hundred and eighty-seven of the
M21Public Health Act 1936 (which relates to powers of entry), shall have effect
as if this section were contained in that Act.
(7)Section thirty-eight of the M22Public
Health Acts Amendment Act 1890 (under which byelaws may be made for the prevention
of danger from roundabouts, swings and shooting galleries), shall cease to have
effect, but any byelaws under that section in force at the commencement of this
Act shall continue in force and may be revoked at any time as if they had been made
under this section.
(8)The Secretary of State shall be the confirming authority as respects byelaws under
this section, and the Secretary of State shall not confirm any byelaws under this
section unless he is satisfied that all bodies which appear to him to be representative
of the interests of those who carry on pleasure fairs and entertainments to which
this section applies have been consulted on the matters dealt with by the byelaw
[F49and, in the case of a byelaw made in pursuance
of subsection (1)(d) of this section, that the fire authority within the meaning
of the M23Fire Services Act 1947 for the area to which the
byelaw applies have been so consulted].
Annotations:
Amendments (Textual)
F47S. 75(1)(d) inserted by Local Government
(Miscellaneous Provisions) Act 1976 (c. 57),
s. 22(1)
F48S. 75(4) repealed with saving by Local Government
(Miscellaneous Provisions) Act 1976 (c. 57),
s. 22(2),
Sch. 2
F49Words inserted by Local Government
(Miscellaneous Provisions) Act 1976 (c. 57),
s. 22(3)
Marginal Citations
76 Byelaws as to seaside pleasure boats. E+W
(1)For the prevention of danger, obstruction or annoyance to persons bathing in the
sea or using the seashore, a local authority may make byelaws—
(a)regulating the speed of pleasure boats;
(b)regulating the use of pleasure boats so as to prevent their navigation in a dangerous
manner or without due care and attention or without reasonable consideration for
other persons;
(c)requiring the use of effectual silencers on pleasure boats propelled by internal
combustion engines.
(2)The Secretary of State shall be the confirming authority as respects byelaws made
under this section.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F50
(4)Any byelaw made under this section shall be of no effect if and in so far as it
is inconsistent with any byelaw made by any dock undertakers or by any person authorised
by any enactment or statutory order to construct or operate a pier.
Annotations:
Amendments (Textual)
F50S. 76(3) repealed with saving by Local Government
(Miscellaneous Provisions) Act 1976 (c. 57),
s. 17(5),
Sch. 2
Modifications etc. (not altering text)
C27S. 76 extended by S.I. 1972/971 art.
4, Sch. 1
77 Byelaws as to hairdressers and barbers. E+W
(1)A local authority may make byelaws for the purpose of securing—
(a)the cleanliness of premises on which a hairdresser’s or barber’s business is carried
on and of the instruments, towels, materials and equipment used therein, and
(b)the cleanliness of the hairdressers or barbers working in such premises in regard
to both themselves and their clothing;
and it shall be the duty of the local authority to enforce byelaws made by them under
this section.
(2)Section two hundred and eighty-seven of the
M24Public Health Act 1936 shall have effect as if this section were contained
in that Act.
(3)The Minister shall be the confirming authority as respects byelaws under this
section.
Annotations:
Marginal Citations
78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F51 E+W
Annotations:
Amendments (Textual)
F51S. 78 repealed by Water Act 1981 (c. 12, SIF
130), s. 5(2)(4)
79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52 E+W
Annotations:
Amendments (Textual)
F52S. 79 repealed by Statute Law (Repeals)
Act 1974 (c. 22), Sch. Pt. XI
80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F53 E+W
Annotations:
Amendments (Textual)
F53S. 80 repealed by Local Government
(Miscellaneous Provisions) Act 1976 (c. 57),
Sch. 2
81 Summary recovery of damages for negligence. E+W
Damages recoverable by a county council, local authority or parish council or parish
meeting . . . F54
for damage caused by negligence to any lamp, lamp-post, notice board, fence, rail,
post, shelter or other apparatus or equipment provided by them in a street or public
place shall, if the amount thereof does not exceed twenty pounds, be recoverable
summarily as a civil debt.
Annotations:
Amendments (Textual)
F54Words inserted by
London Government Act 1963 (c. 33), Sch.
11 Pt. I para. 40 and repealed by Local Government Act 1985
(c. 51, SIF 81:1), s. 102,
Sch. 17
Modifications etc. (not altering text)
C28S. 81 extended by Local Government Act 1966
(c. 42), s. 28(4)
C29S. 81 extended by
Highways Act 1980 (c. 66, SIF 59), s. 97(4)
C30S. 81: functions of the Secretary of State for Transport may be exercised
by, or by employees of, such person as may be authorised in that behalf by the Secreatry
of State for Transport (25.7.1995) by S.I. 1995/1986, art. 2, Sch. 3 para. 5
S. 81: functions of a local highway authority made exercisable by,
or by employees of, such person as may be authorised in that behalf by the local
highway authority whose function it is (23.7.1999) by S.I. 1999/2106,
art. 2, Sch. 3 para 5(b)
Part VII E+W SUPPLEMENTAL
82 Power to amend local Acts. E+W
(1)The Minister may, subject to the provisions of this section, by order repeal or
amend any provision—
(a)in any local Act passed before this Act, or in any Act passed before this Act
and confirming a provisional order, or
(b)in any order or other instrument made under an Act of Parliament before the passing
of this Act,
where it appears to him that that provision is inconsistent with, or has become unnecessary
in consequence of, any provision of this Act, other than the provisions of Part
V.
(2)Subject to subsection (3) of this section, the Minister shall not make an order
under this section repealing or amending any provision in any local Act the Bill
for which was promoted—
(a)by a county council or local authority, or
(b)by any authority, board, commissioners, trustees or other body whose functions
under the local Act have become exercisable by a county council or local authority,
except on the application of that county council or local authority.
(3)Subsection (2) of this section shall not apply in relation to any order so far
as the provisions of the local Act which it repeals or amends are repealed or amended
as being inconsistent with, or as having become unnecessary in consequence of, the
provisions of this Act relating to building regulations.
(4)Before making an order under this section the Minister shall consult with any
county council or local authority which appear to him to be concerned, not being
an authority on whose application the order is made.
(5)An order made under this section—
(a)may contain such transitional, supplemental or incidental provisions as appear
to the Minister to be expedient, and
(b)shall be made by statutory instrument which shall be subject to annulment in pursuance
of a resolution of either House of Parliament.
(6)The provisions of this section shall be without prejudice to the powers conferred
by section three hundred and thirteen of the
M25Public Health Act 1936 (under which amendments may be made in certain
local Acts), as applied to any of the provisions of this Act.
Annotations:
Modifications etc. (not altering text)
C31S. 82 extended by Public Health (Control
of Disease) Act 1984 (c. 22, SIF 100:1), s. 77,
Sch. 1 para. 5(b) and by
Building Act 1984 (c.55, SIF 15), s. 132, Sch. 5 para. 3(b)
C32S. 82(1)(2)(4)(5) extended by Parish Councils
and Burial Authorities (Miscellaneous Provisions) Act 1970 (c. 29), s. 4 and Local Authorities
(Goods and Services) Act 1970 (c. 39),
s. 2(3)
C33S. 82(2) amended by Local Government
Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para.
52
Marginal Citations
83 Saving for law relating to ancient monuments and for planning law. E+W
It is hereby declared that a local authority or other person may not under this Act
do anything which is unlawful under the law relating to ancient monuments or to
town and country planning.
84 Extension of certain references to Public Health Acts. E+W
(1) . . . F55, paragraph
(b) of subsection (4) of section eight of the
M26Town Development Act 1952 (under which such provisions may be applied
to an authority acting under that Act), and any other enactment conferring power
to apply the provisions of the M27Public
Health Act 1936, or the M28Public
Health (Drainage of Trade Premises) Act 1937, relating to sewage shall have effect
as if references to the said Acts of 1936 and 1937 or either of them included references
to the provisions of this Act.
(2)Any order made before the commencement of this Act under subsection (2) of section
nine of the M29New
Towns Act 1946, which applies all the provisions of the said Act of 1937 (or all
those provisions except any which are repealed by this Act) without modification,
shall have effect as if references to that Act included references to Part V of
this Act, but nothing in this subsection shall affect any power to vary or revoke
any such order.
Annotations:
Amendments (Textual)
F55Words repealed by
New Towns Act 1965 (c. 59), Sch. 12
Marginal Citations
85 Expenses. E+W
There shall be paid out of money provided by Parliament—
(a)any increase in the sums so payable under any Act other than this Act which is
attributable to the provisions of this Act, and
(b)any expenses incurred by any Minister under this Act.
86 Short title, commencement and repeals. E+W
(1)This Act may be cited as the Public Health Act 1961.
(2)Save as otherwise expressly provided, this Act shall come into force as follows—
(a)the provisions of Part II relating to building regulations shall come into force
on such date as the Minister may by order contained in a statutory instrument appoint,
and
(b)the other provisions of this Act shall come into force at the expiration of the
period of two months beginning with the passing of this Act.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56
Annotations:
Amendments (Textual)
F56S. 86(3) repealed by Statute Law (Repeals)
Act 1974 (c. 22), Sch. Pt. XI
Modifications etc. (not altering text)
C341.2.1966 appointed under s. 86(2)(a) by S.I. 1965/1374
SCHEDULES
FIRST SCHEDULE E+W . . . F57
Annotations:
Amendments (Textual)
F57Sch. 1 repealed (with saving) by Building Act 1984
(c. 55, SIF 15), ss. 132, 133(2), Sch. 5 para. 2,
Sch. 7
SECOND SCHEDULE E+W . . . F58
Annotations:
Amendments (Textual)
F58Sch. 2 repealed by Water Act 1989
(c. 15, SIF 130), ss. 69, 190(3), Sch. 8 para. 4(1),
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), 17, 40(4), 41(1), 57(6), 58)
Sections 43, 44 and 51.
THIRD SCHEDULE E+W CONSENTS REQUIRED FOR EXECUTION OF CERTAIN WORKS IN STREETS
Annotations:
Modifications etc. (not altering text)
C35Functions of Minister of Transport under Sch. 3 now exercisable (W.) by Secretary
of State:
S.I. 1965/319, art. 3(1), Sch. 2 Pt. I
1In this Schedule “the authority” means the county council, local authority or parish
council having power to carry out the works to which this Schedule applies.
2The authority shall not carry out any works to which this Schedule applies in any
such situation or position as is described in the first column of the following
Table except with the consent of the person described in relation thereto in the
second column of that Table.
Table
In any street which is a highway for which there is a highway authority other than
the authority carrying out the works. The highway authority. In any street belonging
to and repairable by any railway, dock, harbour, canal, inland navigation or passenger
road transport undertakers and forming the approach to any station, dock, wharf
or depot of those undertakers. The undertakers. On any bridge not vested in the
authority carrying out the works or on the approaches to any such bridge. The authority
or other person in whom the bridge is vested. On any bridge carrying a street over
any railway, canal or inland navigation, or on the approaches to any such bridge,
or under any bridge carrying a railway, canal or inland navigation over a street.
The railway, canal or inland navigation undertakers concerned. Except in the case
of works under section forty-four of this Act, in a position obstructing or interfering
with any existing access to any land or premises abutting upon a street. The owner
(as defined by the M30Public
Health Act 1936) and the occupier of the land or premises.
Annotations:
Marginal Citations
Annotations:
Marginal Citations
3Any consent required by this Schedule in respect of any works shall not unreasonably
be withheld but may be given subject to any reasonable conditions, including a condition
that the authority shall remove the works either at any time or at or after the
expiration of a period if reasonably required so to do by the person giving the
consent.
[F594Where the consent of the Secretary of State or the
Minister of Transport is required under this Schedule, any dispute between the Minister
whose consent is required and the authority as to whether the Minister’s consent
is unreasonably withheld or is given subject to reasonable conditions, or whether
the removal of anything to the provision of which the consent relates in accordance
with any condition of the consent is reasonably required shall be referred to and
determined by an arbitrator to be appointed in default of agreement by the President
of the Institution of Civil Engineers]
Annotations:
Amendments (Textual)
F59Sch. 3 para. 4 substituted by Local
Government,
Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 133(2),
Sch. 7 para.
6(5)
Section 45.
FOURTH SCHEDULE E+W ATTACHMENT OF STREET LIGHTING EQUIPMENT TO CERTAIN BUILDINGS
Annotations:
Modifications etc. (not altering text)
C36Functions of Board of Trade now exercisable concurrently by Secretary of State:
S.I. 1970/1537, art. 2(1)
As regards buildings of the descriptions in the first column of the following Table
the appropriate authority for the purposes of section forty-five of this Act shall
be the person specified in the second column of that Table (and not a magistrates’
court).
Table
A building which is for the time being included in a list published under section
12 of the M31Ancient
Monuments Consolidation and Amendment Act 1913. [F60The
Secretary of State] [F61A
building which is included in a list compiled or approved under section 1 of the
Planning (Listed Buildings and Conservation Areas) Act 1990.] [F61The
Secretary of State.] A building owned by railway, canal, dock, harbour or inland
navigation undertakers. The Minister of Transport. A building owned by electricity
or gas undertakers. . .. [F62The
Secretary of State.] A building owned by statutory water undertakers. [F63The
Secretary of State.] A building forming part of an aerodrome licensed under the
Civil Aviation Act 1949, or any enactment repealed by that Act. [F64The
Board of Trade.] A building owned by a county council, local authority or parish
council or parish meeting who are not the street lighting authority concerned. [F63The
Secretary of State.] A building owned by a development corporation established under
the M32New Towns Act 1946, or the Commission for the
New Towns established under the M33New
Towns Act 1959. [F63The Secretary of State.]
[F65A building owned by [F66a
universal service provider (within the meaning of the Postal Service s Act 2000
) in connection with the provision of a universal postal service (within the meaning
of that Act)]. [F67The
Secretary of State.]]
Annotations:
Amendments (Textual)
F60Words substituted by virtue of S.I. 1962/1549, (W.)1969/388,
arts. 4(1), 5(3), (E.) 1970/1681, arts. 2(1), 6(3)
F61Entry substituted by virtue of Planning (Consequential
Provisions) Act 1990 (c. 11, SIF 123:1), s. 3,
Sch. 2 para. 10
F62Words substituted by virtue of S.I. 1969/1498, arts. 2(1), 5(6) and 1970/1537,
arts. 2(2), 7(4)
F63Words substituted by virtue of (W.) S.I. 1965/319, arts. 2(1), 10(1), Sch. 1 Pt. 1,
(E.) 1970/1681, arts. 2(1), 6(3)
F64Words substituted by virtue of S.I. 1966/741, arts. 2, 3(1)
F65Item inserted by
Post Office Act 1969 (c. 48), Sch. 4 para. 70
F66Words in Sch. 4 substituted (26.3.2001) by S.I. 2001/1149,
arts. 1(2)(3), 3(1), Sch. 1 para. 18
F67Words substituted by virtue of S.I. 1974/691, arts. 2, 3(3)
Modifications etc. (not altering text)
C37Entry in table in Sch. 4 amended (1.3.1996) by 1995 c. 45,
s. 16(1), Sch. 4 para. 2(3);
S.I. 1996/218, art. 2
Marginal Citations
F68FIFTH SCHEDULE E+W
Annotations:
Amendments (Textual)
F68Sch. 5 repealed by Statute Law (Repeals)
Act 1974 (c. 22), Sch. Pt. XI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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