C1C2C3C4C5C6C9C10C8C7 Part III Statutory Nuisances and Clean Air
Pt. 3 modified (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I. 2010/1214), art. 4, Sch.
Pt. 3 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), art. 4, Sch.
Pt. 3 modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), art. 4, Sch.
Pt. 3 modified (E.) (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I. 2010/1218), art. 4, Sch.
Pt. 3 applied (with modifications) (S.) (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 71(3), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.
Pt. 3 modified by S.I. 2010/675, Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (E.W.) (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)
Pt. III modified (E.W.) (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 (with regs. 1(3), 77-79, Sch. 4)
Pt. III functions etc. assigned to the port health authority and modified (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))
Pt. III restricted (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 8 para. 39(2)(a)(vii) (with reg. 78, sch. 5 para. 2)
F1 Statutory nuisances . . .
Words in heading immediately preceding s. 79 repealed (1.4.1996) by 1995 c. 25, s. 120(3), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/186, art.3
F281A Expenses recoverable from owner to be a charge on premises.
1
Where any expenses are recoverable under section 81(4) above from a person who is the owner of the premises there mentioned and the local authority serves a notice on him under this section—
a
the expenses shall carry interest, at such reasonable rate as the local authority may determine, from the date of service of the notice until the whole amount is paid, and
b
subject to the following provisions of this section, the expenses and accrued interest shall be a charge on the premises.
2
A notice served under this section shall—
a
specify the amount of the expenses that the local authority claims is recoverable,
b
state the effect of subsection (1) above and the rate of interest determined by the local authority under that subsection, and
c
state the effect of subsections (4) to (6) below.
3
On the date on which a local authority serves a notice on a person under this section the authority shall also serve a copy of the notice on every other person who, to the knowledge of the authority, has an interest in the premises capable of being affected by the charge.
4
Subject to any order under subsection (7)(b) or (c) below, the amount of any expenses specified in a notice under this section and the accrued interest shall be a charge on the premises—
a
as from the end of the period of twenty-one days beginning with the date of service of the notice, or
b
where an appeal is brought under subsection (6) below, as from the final determination of the appeal,
until the expenses and interest are recovered.
5
For the purposes of subsection (4) above, the withdrawal of an appeal has the same effect as a final determination of the appeal.
6
A person served with a notice or copy of a notice under this section may appeal against the notice to the county court within the period of twenty-one days beginning with the date of service.
7
On such an appeal the court may—
a
confirm the notice without modification,
b
order that the notice is to have effect with the substitution of a different amount for the amount originally specified in it, or
c
order that the notice is to be of no effect.
8
A local authority shall, for the purpose of enforcing a charge under this section, have all the same powers and remedies under the M1Law of Property Act 1925, and otherwise, as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.
9
In this section—
“owner”, in relation to any premises, means a person (other than a mortgagee not in possession) who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent of the premises or, where the premises are not let at a rack rent, would be so entitled if they were so let, and
“premises” does not include a vessel.
F310
This section does not apply to Scotland.
Pt. III (ss. 79-85) applied: (E.W) (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 167(2), 225(2) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6); (E.W.) (1.12.1991) by Land Drainage Act 1991 (c. 59, SIF 73:1), ss. 15(3), 76(2) (with ss. 67(3)(5)(8), 72(6), 74(3)(4)); and (1.8.1991) by S.I. 1991/1773, art. 8, Sch. 2
Pt. III (ss. 79-85) amended (27.8.1993) by 1993 c. 12, ss. 40, 49(2), Sch. 3 Pt. I para.7, Sch. 5 Pt. II para.8 (with ss. 42, 46)
Pt. III (ss. 79-85) excluded (27.8.1993) by 1993 c. 11, s. 42(4)
Pt. III (ss. 79-85) power to exclude conferred (27.8.1993) by 1993 c. 11, ss. 45(1)(a), 47(1)(a)