Public Health Act 1936

Provisions for the protection of public from polluted water E+W

140 Power to close, or restrict use of water from, polluted source of supply. E+W

(1) If a local authority are of opinion that the water in or obtained from any well, tank or other source of supply not vested in them, being water which is, or is likely to be, used for domestic purposes, or in the preparation of food or drink for human consumption, is, or is likely to become, so polluted as to be prejudicial to health, the authority may apply to a court of summary jurisdiction and thereupon a summons may be issued to the owner or occupier of the premises to which the source of supply belongs, or to any other person alleged in the application to have control thereof.

(2) Upon the hearing of the summons, the court may make an order directing the source of supply to be permanently or temporarily closed or cut off, or the water thereform to be used for certain purposes only, or such other order as appears to the court to be necessary to prevent injury or danger to the health of persons using the water, or consuming food or drink prepared therewith or therefrom.

The court shall hear any user of the water who claims to be heard, and may cause the water to be analysed at the cost of the local authority.

(3) If a person on whom an order is made under this section fails to comply therewith, the court may, on the application of the local authority, authorise them to do whatever may be necessary for giving effect to the order, and any expenses reasonably incurred by the authority in so doing may be recovered by them from the person in default.

Modifications etc. (not altering text)

C1 Ss. 140-141 modified (7.8.1991) by S.I. 1991/1773, art. 8, Sch.2.

C2 Ss. 140-141 modified (10.1.1992) by S.I. 1991/2913, art. 8, Sch.2.

141 Power to deal with insanitary cisterns, &c. E+W

Any well, tank, cistern, or water-butt used for the supply of water for domestic purposes which is so placed, constructed or kept as to render the water therein liable to contamination prejudicial to health, shall be a statutory nuisance for the purposes of [F1 Part III of the Environmental Protection Act 1990].

Textual Amendments

F1 Words substituted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 4(2)

Modifications etc. (not altering text)

C3 S. 141 amended by Radioactive Substances Act 1960 (c. 34), s. 9, Sch. 1 Pt. I para. 3

S. 141 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. I para. 1

C4 Ss. 140-141 modified (7.8.1991) by S.I. 1991/1773, art. 8, Sch.2.

C5 Ss. 140-141 modified (10.1.1992) by S.I. 1991/2913, art. 8, Sch.2.

142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W

Textual Amendments

F2 S. 142 repealed by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7