xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Modifications etc. (not altering text)
C1Sch. 11 Pt. II: power to transfer certain functions conferred by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), ss. 7(3)(c), 8(2)
[F19(1)Where it appears to a local authority, being the council of a London borough or the Common Council, that any land within the area of the authority is by reason of its derelict, neglected or unsightly condition detrimental to the amenities of the neighbourhood, the authority may, after serving notice of their proposals on the owner and on the occupier of the land and subject to sub-paragraph (3) of this paragraph, execute such works and do such other things as the authority consider expedient for the purpose of restoring or improving and thereafter preserving the appearance of the land:E+W
Provided that the works and other things which may be required to be executed or done under this paragraph shall not include the erection or maintenance of any building or the doing of anything in or upon any building, but may include the erection or maintenance of a hoarding or fence.
(2)Any person served with a notice under the foregoing sub-paragraph may, if aggrieved by the proposal specified in the notice, appeal to a magistrates’ court within the period of twenty-eight days beginning with the date of the service of the notice.
(3)A local authority may proceed with the proposals specified in a notice under sub-paragraph (1) of this paragraph if but only if—
(a)none of the persons on whom the notice was served has, within the said period of twenty-eight days, taken steps to implement the proposals himself or instituted an appeal against the proposals to a magistrates’ court; or
(b)any such steps begun to be taken by any such person within that period are not completed within a reasonable time; or
(c)any appeal instituted within that period has been dismissed or abandoned or failed for want of prosecution.
(4)Any expenses incurred by the local authority in removing any materials from any land in exercise of the powers conferred on them by this paragraph and the cost of selling any materials so removed may be deducted by the authority from the proceeds which they are required by section 276 of the M1Public Health Act 1936 to pay to the person to whom the materials belonged.
(5)The foregoing provisions of this paragraph shall not be construed as prejudicing the powers exercisable by the Greater London Council under section 69 of the M2London Building Acts (Amendment) Act 1939, or by the council of an outer London borough under [F2section 79 of the Building Act 1984], or by the local planning authority under section 89 of the National Parks and Access to the M3Countryside Act 1949.]
Textual Amendments
F1Sch. 11 Pt. II para. 4 substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 1
F2Words substituted by Building Act 1984 (c. 55, SIF 15), s. 133(1), Sch. 6 para. 10
Marginal Citations