Public Health Act 1936

6 Union of districts, or parts of districts, for certain purposes under joint board. E+W

(1) Subject to the provisions of this section, if, on an application made to him by the local authorities of the districts to which the application relates, or by any of those authorities, it appears to the Minister that it would be for the advantage of those districts or any of them, or of any parts of those districts or any of them (whether such parts are contributory places or not), to be constituted a united district for any purpose of this Act, or of the Public Health Acts 1875 to 1932, so far as those Acts are not repealed, [F1 or of the Public Health (Control of Disease) Act 1984 except section 46,][F2 or of the Building Act 1984,] the Minister may, by order, constitute for that purpose a united district consisting of such of those districts or parts of districts as can, in his opinion, be combined advantageously.

(2) The governing body of a united district shall be a joint board, which shall be constituted by the order constituting the district and shall consist of representatives of the local authorities of the constituent districts or parts of districts:

Provided that, if the council of the county, or of any of the counties, in which the united district or any part thereof will be situate, undertake to make annual contributions towards the expenses of the joint board, provision may be made by the order constituting the board for the board to include representatives of that council, so, however, that the number of representatives appointed under this proviso shall be less than one-half of the total number of the members of the board.

(3) A joint board constituted under this section shall be a body corporate by such name as may be determined by the order constituting the united district, and shall have perpetual succession and a common seal . . . F3

(4) Where the Minister proposes to make an order under this section, he shall give notice thereof to the local authority of every district which, or any part of which, is proposed to be included in the united district, and also to the county council, and, if within twenty-eight days after such notice has been given to any such authority or council, they give notice to the Minister that they object to the proposal and the objection is not withdrawn, any order made by the Minister shall be [F4 subject to special Parliamentary procedure].

(5) All expenses of, and incidental to, the constitution of a united district shall be payable by the joint board and, so far as those expenses are expenses incurred by the Minister, the amount thereof as certified by him shall be recoverable by him from the board as a debt due to the Crown.

[F5 (6) In relation to Wales, the proviso in subsection (2) of this section does not apply and subsection (4) of this section applies as if the words “and also the county council” and “or council” were omitted.]

Textual Amendments

F1 Words inserted by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 2 para. 1

F2 Words inserted by Building Act 1984 (c. 55, SIF 15), s. 133(1), Sch. 6 para. 2

F3 Words repealed by Charities Act 1960 (c. 58), Sch. 7 Pt. II

F4 Words substituted by S.I. 1949/2393 (1949 I, p. 3973), art. 3, Sch. 2

F5 S. 6(6) added (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 3(3) (with saving in ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

Modifications etc. (not altering text)

C1 S. 6 extended by Prevention of Damage by Pests Act 1949 (c. 55), s. 1(3), Food and Drugs Act 1955 (4 & 5 Eliz. 2 c. 16), s. 88(2), New Towns Act 1965 (c. 59), s. 33, Local Government Act 1972 (c. 70), Sch. 26 para. 3 and Slaughterhouses Act 1974 (c. 3), s. 28(6)

C2 S. 6 extended by Food Act 1984 (c. 30, SIF 53:1), s. 75 and Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1), Sch. 3 para. 1

S. 6 extended (27.8.1993) by 1993 c. 11, ss. 61(1), 68(2)