Local Government Act 1972 (c. 70)

SCHEDULES

Section 180.

SCHEDULE 14 E+W Amendment and Modification of Public Health Acts, Etc.

Part I E+W The M1 Public Health Act 1936

Marginal Citations

M1 1936 c. 49.

X1 1 E+W For section 1 there shall be substituted the following section—

“1 (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 into execution, that is to say—

(a) 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 or community council of any powers conferred upon such councils;

(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.”

Editorial Information

X1 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

2 E+W Any reference to an urban authority or rural authority shall be construed as a reference to a local authority.

3 Proviso (a) to section 7(1) shall cease to have effect.

Modifications etc. (not altering text)

C1 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

4 E+W Without prejudice to paragraph 2 above, the following provisions, that is to say, sections F1 . . . [F2 79, 80], F3 . . ., 263 and 264 shall apply throughout the district of every local authority.

Textual Amendments

F1 “41, 46,” repealed by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7

F2 Words repealed (prosp.) by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

F3 Words repealed by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. III

F4 5–7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 14 paras. 5–7 repealed by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4

F5 8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 14 para. 8 repealed by Control of Pollution Act 1974 (c. 40, SIF 46:4), s. 109(2), Sch. 4

X2 9 (1) For sections 87(1) and (2) there shall be substituted the following subsections:— E+W

“(1) A county council, the Greater London Council, a local authority or a parish or community council may, subject to subsection (2) of this section, provide sanitary conveniences in proper and convenient situations.

(2) Any such council or authority shall not provide any such convenience in or under a highway or proposed highway for which they are not the highway authority without the consent of the highway authority.”

(2) In section 87(3) for the words “a county council or local” there shall be substituted the words “ any such council or ”.

Editorial Information

X2 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 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.

F6 10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 14 para. 10 repealed by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7

F7 11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 14 para. 11 repealed by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. III

F8 12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 14 para. 12 repealed by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. III

F9 13, 14. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Sch. 14 paras. 13, 14 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), ss. 78, 79, Sch. 3

F10 15, 16. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 14 paras. 15, 16 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

F11 17 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Sch. 14 paras. 17, 48 repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

18 E+W The powers conferred by Part VIII on local authorities within the meaning of the M2 Public Health Act 1936 shall be exercisable not only by such authorities but also by all local authorities within the meaning of this Act, whether or not they are local authorities within the meaning of that Act, and references in that Part to a local authority shall be construed accordingly.

Marginal Citations

M2 1936 c. 49.

19 All directions in force under section 267(1)(c) immediately before 1st April 1974 shall cease to have effect.

20 E+W Any reference in section 278 to a local authority shall include a reference to a county council F12 . . ..

Textual Amendments

F12 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

21 Section 321 shall cease to have effect.

Modifications etc. (not altering text)

C2 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 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.

X3 22 E+W In section 343 for the definition of contributory place there shall be substituted the following definition:— “ “contributory place” means a rating district within the meaning of the General Rate Act 1967. ”.

Editorial Information

X3 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 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.

Part II E+W Other Enactments

Public Health Acts 1875 to 1925 E+W

23 E+W Subject to the following provisions of this Schedule and the provisions of Schedule 26 to this Act, all the provisions of the Public Health Acts 1875 to 1925 shall extend throughout England and Wales, whether or not they so extended immediately before 1st April 1974.

24 Paragraph 23 above shall not apply to the following enactments, that is to say—

(a) so much of section 160 of the M3 Public Health Act 1875 as incorporates the provisions of the M4 Towns Improvement Clauses Act 1847 with respect to the naming of streets (hereafter in this Schedule referred to as “the original street-naming enactment”);

(b) section 171(4) of the said Act of 1875;

F13 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) sections 21, 82, 83 and 85 of the M5 Public Health Acts Amendment Act 1907; and

(e) sections 17 to 19 and 76 of the M6 Public Health Act 1925;

and those enactments shall, subject to paragraph 25 below, apply to those areas, and only those, to which they applied immediately before 1st April 1974.

Textual Amendments

F13 Sch. 14 para. 24(c) repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), Sch. 7 Pt. I

Marginal Citations

M3 1875 c. 55.

M4 1847 c. 34.

M5 1907 c. 53.

M6 1925 c. 71.

25 (1) Subject to sub-paragraphs (2) and (4) below, a local authority may after giving the requisite notice resolve that any of the enactments mentioned in paragraph 24 above shall apply throughout their area or shall cease to apply throughout their area (whether or not, in either case, the enactment applies only to part of their area).

(2) A resolution under this paragraph disapplying—

(a) section 171(4) of the M7 Public Health Act 1875;

F14 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) section 82, 83 or 85 of the M8 Public Health Acts Amendment Act 1907; or

(d) section 76 of the M9 Public Health Act 1925;

must be passed before 1st April 1975, but any other resolution under this paragraph may be passed at any time.

(3) A resolution under this paragraph applying either of the following provisions, that is to say, section 21 of the said Act of 1907 or section 18 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout that area and a resolution under this paragraph applying either of the following provisions, that is to say, the original street-naming enactment or section 19 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout that area.

(4) A resolution under this paragraph applying or disapplying section 171(4) of the M10 Public Health Act 1875 throughout an area shall not have effect unless approved by the Secretary of State.

(5) The notice which is requisite for a resolution given under sub-paragraph (1) above is a notice—

(a) given by the local authority in question of their intention to pass the resolution given by advertisement in two consecutive weeks in a local newspaper circulating in their area; and

(b) served, not later than the date on which the advertisement is first published, on the council of every parish or community whose area, or part of whose area, is affected by the resolution or, in the case of a parish so affected but not having a parish council (whether separate or common), on the chairman of the parish meeting.

(6) The date on which a resolution under this paragraph is to take effect shall—

(a) except in the case of a resolution applying or disapplying section 171(4) of the M11 Public Health Act 1875 throughout any area, be a date specified therein, being not earlier than one month after the date of the resolution; and

(b) in the said excepted case, be a date specified in the Secretary of State’s approval of the resolution.

(7) A copy of a resolution of a local authority under this paragraph, certified in writing to be a true copy by the proper officer of the authority, shall in all legal proceedings be received as evidence of the resolution having been passed by the authority.

Textual Amendments

F14 Sch. 14 paras. 25(2)(b), 26(b) repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 47, Sch. 7 Pt. I

Modifications etc. (not altering text)

C3 Sch. 14 para. 25 applied with modifications by S.I. 1975/1636, art. 7

Marginal Citations

M7 1875 c. 55.

M8 1907 c. 53.

M9 1925 c. 71.

M10 1875 c. 55

M11 1875 c. 55.

26 E+W The following enactments shall not extend to Greater London, that is to say—

(a) sections 160 and 171 of the M12 Public Health Act 1875;

F15 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) sections 21 and 80 of the M13 Public Health Acts Amendment Act 1907 and so much of section 81 of that Act as relates to the M14 Town Police Clauses Act 1847;

(d) sections 17 to 19, 75 and 76 of the M15 Public Health Act 1925.

Textual Amendments

F15 Sch. 14 paras. 25(2)(b), 26(b) repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 47, Sch. 7 Pt. I

Marginal Citations

M12 1875 c. 55.

M13 1907 c. 53.

M14 1847 c. 89.

M15 1925 c. 71.

27 (1) The powers conferred on certain authorities by the enactments to which this paragraph applies shall be exercisable not only by those authorities, but also by all local authorities within the meaning of this Act, whether or not they are local authorities for the purposes of the Public Health Acts 1875 to 1925, and references in those enactments to an urban authority or a local authority shall be construed accordingly. E+W

(2) This paragraph applies to the following enactments, that is to say—

(a) section 164 of the M16 Public Health Act 1875;

(b) section 44 of the M17 Public Health Acts Amendment Act 1890;

(c) Part VI of the M18 Public Health Acts Amendment Act 1907, as amended by Part VI of the M19 Public Health Act 1925.

Marginal Citations

M16 1875 c. 55.

M17 1890 c. 59.

M18 1907 c. 53.

M19 1925 c. 71.

28 E+W A district council [F16 or, where they are not the highway authority, the council of a Welsh principal area] shall not without the consent of the highway authority—

(a) provide a clock under section 165 of the M20 Public Health Act 1875 in a case where it overhangs a highway; or

(b) exercise any power under section 40 or 42 of the M21 Public Health Acts Amendment Act 1890 or section 14 or 75 of the M22 Public Health Act 1925 in relation to a highway.

Textual Amendments

F16 Words in Sch. 14 para. 28 inserted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 63 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

Marginal Citations

M20 1875 c. 55.

M21 1890 c. 59.

M22 1925 c. 71.

29 E+W A highway authority who are not a local authority within the meaning of the M23 Public Health Acts 1875 to 1925 may exercise concurrently with the local authority powers conferred on the latter by section 153 of the Public Health Act 1875.

Marginal Citations

M23 1875 c. 55.

30 E+W Any reference in section 161 of the said Act of 1875 to an urban authority shall, in relation to a metropolitan road within the meaning of the M24 London Government Act 1963, be construed as a reference to the Greater London Council alone.

Marginal Citations

M24 1963 c. 33.

31 E+W A local authority within the meaning of the Public Health Acts 1875 to 1925 may exercise the powers conferred by section 31 of the M25 Public Health Acts Amendment Act 1907 without being empowered by an order made by the Secretary of State.

Marginal Citations

M25 1907 c. 53.

32 E+W So much of section 76 of the said Act of 1907 as enables the Secretary of State to make rules governing the exercise by local authorities of their powers under that section shall cease to have effect.

33 In section 16(1) of the Public Health Act 1925 the words from “in relation” to “county council or” shall cease to have effect.

Modifications etc. (not altering text)

C4 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 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.

The M26 Parish Councils Act 1957 E+W

Marginal Citations

M26 1957 c. 42.

X4 34 E+W In section 3(1) of the Parish Councils Act 1957, for the words from the beginning to the word “council”, in the second place where it occurs, there shall be substituted the words “ The council of a parish or community or, in the case of a parish for which there is no parish council ”and for the words “in that part of the parish, as the case may be” there shall be substituted the words “ community, or in any part thereof ”.

Editorial Information

X4 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 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.

The M27 Public Health Act 1961 E+W

Marginal Citations

M27 1961 c. 64.

35 Section 16 of the Public Health Act 1961 shall cease to have effect.

Modifications etc. (not altering text)

C5 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 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 In section 17(1) of that Act for the words “the medical officer of health or public health inspector” there shall be substituted the words “ the local authority ” and for the word “he” there shall be substituted the word “ they ”.

Modifications etc. (not altering text)

C6 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 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.

37 E+W The powers conferred on a local authority by section 34 of that Act shall as respects England be exercisable also by a county council and references in that section to a local authority shall be construed accordingly.

F17 38, 39. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 14 paras. 38, 39 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

40 E+W The powers conferred on a local authority by sections 44 and 46 of that Act shall, in the case of a street outside Greater London which is a highway, be exercisable by the highway authority as well as by the local authority.

F18 41 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 14 para. 41 repealed by Litter Act 1983 (c. 35, SIF 100:3), s. 12(3), Sch. 2

42 E+W The powers conferred by sections 52 to 54 of that Act on local authorities shall be exercisable not only by such authorities, but also by all local authorities within the meaning of this Act, whether or not they are local authorities within the meaning of that Act, and references in those sections to a local authority shall be construed accordingly.

F19 43 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Sch. 14 para. 43 repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

M28 The Local Government Act 1966 E+W

Marginal Citations

M28 1966 c. 42.

44 For section 10(1)(a) of the Local Government Act 1966 there shall be substituted the following paragraph:—

“(a) in the payment of salaries to registered medical practitioners and other persons with professional qualifications in the practice and administration of public health who are employed by such authorities.”

Modifications etc. (not altering text)

C7 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 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.

F20 45 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Sch. 14 para. 45 repealed by Refuse Disposal (Amenity) Act 1978 (c. 3, SIF 100:3), s. 12, Sch. 2

F21 46, 47. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Sch. 14 paras. 46, 47 repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

F22 48 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 Sch. 14 paras. 17, 48 repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

M29 The Deposit of Poisonous Waste Act 1972 E+W

Marginal Citations

M29 1972 c. 21.

X5 49 E+W In section 5(1) of the Deposit of Poisonous Waste Act 1972, for paragraph (a) there shall be substituted the following paragraphs:—

“(a) in England, county councils and the Greater London Council;

(aa) in Wales, district councils ; and”.

Editorial Information

X5 The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 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.