Public Health Act 1936

79 [F1 Power to require removal of noxious matter by occupier of premises in urban district. E+W

(1) If in a borough or [F2 district,] or in a rural district or contributory place in which section forty-nine of the M1 Public Health Act 1875, was in force immediately before the commencement of this Act, it appears to the [F3 proper officer of the authority] that any accumulation of noxious matter ought to be removed, he shall serve notice on the owner thereof, or on the occupier of the premises on which it is found, requiring him to remove it, and, if the notice is not complied with within twenty-four hours after service thereof, the inspector may remove the matter referred to.

(2) A local authority may recover the expenses of any action reasonably taken by their inspector under the preceding sub-section from the owner or occupier in default.]

Textual Amendments

F1 S. 79 repealed (prosp.) by Control of Pollution Act 1974 (c. 40), ss. 108, 109(2), Sch. 4

F2 Words substituted by virtue of Local Government Act 1972 (c. 70), s. 179(3)

F3 Words substituted by virtue of Local Government Act 1972 (c. 70), Sch. 29 Pt. I para. 4(1)(a)

Modifications etc. (not altering text)

C1 S. 79 amended by Radioactive Substances Act 1960 (c. 34), s. 9, Sch. 1 Pt. I para. 3; applied by Local Government Act 1972 (c. 70), Sch. 14 para. 4

S. 79 amended (temp.) (27.8.1993) by 1993 c. 12, ss. 40, 49(2), 51(2), Sch. 3 Pt. I para. 1, Sch. 5 Pt. II para. 9(3)

C2 S. 79 modified by SI 2010/675 Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)

C3 S. 79 modified (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 23 paras. 1(3), 2 Table 9 (with regs. 1(3), 77-79, Sch. 4)

Marginal Citations

M1 1875 c. 55.