SCHEDULES
SCHEDULE 11Modification and Re-enactment as from 1st April 1965 of Provisions of Public Health Acts
PART IMODIFICATIONS
THE PUBLIC HEALTH ACT 1936
11
Subject to the provisions of the Public Health Act 1936, section 41 of this Act and this Schedule, in any district in Greater London the duty imposed by section 1 (1) of carrying the said Act of 1936 into execution shall, so far as relating to the enactments to which section 40 of this Act applies, be the duty of the local authority for that district.
12
Sections 43, 53 to 55, and 57 to 71 shall not apply to an inner London borough, the City or the Temples.
13
Section 51 shall in its application to Greater London have effect as if any reference to a water closet included a reference to a urinal and as if that section required the occupier of every building in or in connection with which a urinal is provided to cause the urinal to be supplied with flushing apparatus.
14
1
It shall be the duty of a local authority in Greater London other than the outer London boroughs to perform the following services throughout their district:—
a
the services mentioned in section 72 (1);
b
the removal under section 73 (1) of trade refuse of any kind whatsoever at the request of the occupier of premises ; and
c
the cleansing of streets under section 77 (1);
and every such authority shall be treated for the purposes of sections 72 to 77 as having undertaken the performance throughout their district of the said services, but shall not be entitled to rescind the undertaking.
2
Section 72 (2) shall not apply in relation to the removal of house refuse in Greater London other than the outer London boroughs, but the following provisions shall have effect therein instead:—
a
the local authority shall appoint, and give sufficient notice of, the times for removing house refuse from premises within their district;
b
where house refuse is not removed from any premises at the time appointed for those premises, the occupier of the premises may serve on the local authority a notice requiring the authority to remove the refuse ;
c
if the local authority fail, without reasonable excuse, to comply with the notice within the period of forty-eight hours beginning with the service thereof (exclusive of Sundays, Christmas Day, Good Friday, bank holidays and any day appointed for public thanksgiving or mourning), the occupier of the premises may recover summarily as a civil debit from the authority the sum of five shillings for every day during which the default continues after the expiration of that period.
3
The council of an outer London borough shall not without the consent of the Greater London Council undertake under section 73 (1) to remove from premises within their district trade refuse of a kind which has not previously (whether before or after 1st April 1965) been removed within any part of that district.
15
1
The powers exercisable by a local authority under sections 74 (2) and 76 (1) shall be exercisable throughout Greater London by the Greater London Council to the exclusion of any other authority, except that the powers conferred by section 76 (1) (c), so far as they relate to the provision of plant or apparatus for sorting and baling waste paper collected separately from other refuse, shall be exercisable concurrently by the authority collecting the paper and the Greater London Council; and—
a
any reference to a local authority in the said sections 74 (2) and 76 (1) shall be construed accordingly ; and
b
any reference to a local authority in section 76 (3), so far as that subsection relates to material deposited in a place provided for the deposit of refuse, shall be construed as a reference to the Greater London Council and not to any other authority.
2
The places provided by the Greater London Council under section 76 (1) for the deposit of refuse may be either places for the initial deposit by other local authorities in Greater London of refuse removed by those authorities or places for the final deposit of refuse, and the powers of the Greater London Council under that section shall include power—
a
to transport refuse from the former land of place to the latter kind or to plant or apparatus provided by the Greater London Council under that section; and
b
to sell any refuse which has been deposited at any such place or delivered to the Council under section 74 (2).
3
It shall be the duty of a local authority in Greater London other than the Greater London Council, unless otherwise directed by the Greater London Council, to deposit at the place appointed for the initial deposit thereof all refuse removed by that authority within the district of the authority except any refuse sold by that authority under section 76 (2).
4
If a dispute arises between the Greater London Council and any other authority in Greater London as to whether a place provided for the initial deposit of refuse from the district of that other authority is unreasonably far from that district or is unsuitable for that authority's refuse removal vehicles the dispute shall, in default of agreement, be determined by the Minister.
5
An order under section 84 of this Act may include provisions for securing that proper arrangements are in force with respect to the removal, treatment and disposal of refuse during the period of two years beginning with 1st April 1965, and sections 74 (2) and 76 of the Public Health Act 1936 and the foregoing provisions of this paragraph shall have effect subject to the provisions of any such order.
16
1
The charge which may be made by a local authority in Greater London under section 75(3) in respect of a dustbin provided by them and having a capacity of more than three and one quarter cubic feet may exceed the limit for the time being applicable by virtue of section 8(3) of the Local Government (Miscellaneous Provisions) Act 1953, but shall be of such reasonable amount as may be determined by the authority.
2
Any charge so made in respect of a dustbin provided by a local authority in Greater London for premises in more than one occupation for rating purposes shall be apportioned by the authority in such proportions as may be just between the parts of the premises separately occupied for those purposes.
17
Byelaws made under section 81 with respect to Greater London may include provision for preventing the occurrence of nuisances from ice, salt, offal, carrion, fish or other matter as well as nuisance from the matters therein mentioned.
18
1
Byelaws made under section 82 (1) with respect to Greater London may make the like provision for the removal or carriage by water of faecal or offensive or noxious matter or liquid as may be made with respect to the removal or carriage thereof through the streets and may provide that any receptacle or any ship or other vessel used for the purpose shall be properly constructed and covered so as to prevent the escape of any such matter or liquid and so as to prevent any nuisance arising therefrom.
2
In section 82 (2) for the words from " a regulation " onwards there shall be substituted the words " an order under section 34 of the Road Traffic Act 1960 or section 10 (1) of the London Government Act 1963, the order shall prevail ",
19
Sections 87 and 88, in their application to Greater London, shall have effect as if references to a county council included references to the Greater London Council.
20
For the purposes of section 107 in its application to a London borough, the City or the Temples, the expression " offensive trade " shall include any business declared by an order under section 140 of the Public Health (London) Act 1936 to be an offensive business, being an order in force immediately before 1st April 1965 in some part of that London borough or in the City or the Temples, as the case may be.
21
Section 137 shall not apply to an inner London borough, the City or the Temples.
22
An order under section 305 of the Public Health (London) Act 1936 in force immediately before 1st April 1965 and applying all or any of the provisions of Part IX of that Act to an infectious disease in any area shall be deemed to be an order which has been made and come into operation under section 147 of the Public Health Act 1936 applying the corresponding provisions of Part V of the latter Act to that disease in the whole of any district of a local authority comprising any part of that area.
23
In section 266 (1) (i) the references to a land drainage authority shall include references to the Greater London Council.
24
In Part XII—
a
any reference to the Public Health Act 1936 shall include a reference to section 41 of this Act and this Schedule ;
b
any reference to a council shall be construed as including a reference to the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple, except that any reference in any provision of Part XII to the clerk or any officer or authorised officer of the council shall, in relation to the Inner Temple or the Middle Temple, be construed as a reference to an officer authorised by the Sub-Treasurer or the Under-Treasurer, as the case may be, to act for the purposes of that provision;
c
any reference to a local authority or the district of a local authority shall, so far as relating to any enactment under which the Greater London Council has functions, be construed as a reference to that Council or Greater London as the case may be.
25
No order shall be made under section 314 after the passing of this Act as respects the port health authority for the Port of London.