Part III E+W+S Statutory Nuisances and Clean Air

Modifications etc. (not altering text)

C1 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)

C2 Pt. 3 modified (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I. 2010/1214), art. 4, Sch.

C3 Pt. 3 modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), art. 4, Sch.

C4 Pt. 3 modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), art. 4, Sch.

C5 Pt. 3 modified (E.) (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I. 2010/1218), art. 4, Sch.

C6 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.

C7 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)

C8 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)

C9 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))

C10 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)

Termination of existing controls over offensive trades and businesses E+W+S

84 Termination of Public Health Act controls over offensive trades etc. E+W+S

[F1 (1) Where a person carries on, in the area or part of the area of any local authority—

(a) in England or Wales, a trade which—

(i) is an offensive trade within the meaning of section 107 of the M1 Public Health Act 1936 in that area or part of that area, and

(ii) constitutes a prescribed process designated for local control for the carrying on of which an authorisation is required under section 6 of this Act; or

(b) [F2 in Scotland, a business which—

(i) is mentioned in section 32(1) of the Public Health (Scotland) Act 1897 (or is an offensive business by virtue of that section) in that area or part of that area; and

(ii) constitutes a prescribed process designated for local control for the carrying on of which an authorisation is required under the said section 6,

subsection (2) below shall have effect in relation to that trade or business as from the date on which an authorisation is granted under section 6 of this Act or, if that person has not applied for such an authorisation within the period allowed under section 2(1) above for making applications under that section, as from the end of that period.]

(2) Where this subsection applies in relation to the trade or business carried on by any person—

(a) nothing in section 107 of the Public Health Act 1936 [F3 or in section 32 of the Public Health (Scotland) Act 1897] shall apply in relation to it, and

(b) no byelaws or further byelaws made under section 108(2) of the said Act of 1936, [F4 or under subsection (2) of the said section 32], with respect to a trade or business of that description shall apply in relation to it;

but without prejudice to the continuance of, and imposition of any penalty in, any proceedings under the said section 107 [F4 or the said section 32] which were instituted before the date as from which this subsection has effect in relation to the trade or business.

(3) Subsection (2)(b) above shall apply in relation to the trade of fish frying as it applies in relation to an offensive trade.

(4) When the Secretary of State considers it expedient to do so, having regard to the operation of Part I and the preceding provisions of this Part of this Act in relation to offensive trades or businesses, he may by order repeal—

(a) sections 107 and 108 of the M2 Public Health Act 1936; and

(b) [F5 section 32 of the M3 Public Health (Scotland) Act 1897;]

and different days may be so appointed in relation to trades or businesses which constitute prescribed processes and those which do not.

(5) In this section—

• “prescribed process” has the same meaning as in Part I of this Act; and

• “offensive trade” or “trade” has the same meaning as in section 107 of the Public Health Act 1936.]

Textual Amendments

F1 S. 84 repealed (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 23(c); S.S.I. 2014/160, art. 2(1)(2), sch.

F2 S. 84(1)(b) repealed (S.) (1.10.2009) by The Public Health etc. (Scotland) Act 2008 (Commencement No. 2, Savings and Consequential Provisions) Order (S.S.I. 2009/319), art. 2(c), {Sch. 3}

F3 Words in s. 84(2)(a) repealed (S.) (1.10.2009) by The Public Health etc. (Scotland) Act 2008 (Commencement No. 2, Savings and Consequential Provisions) Order (S.S.I. 2009/319), art. 2(c), {Sch. 3}

F4 Words in s. 84(2)(b) repealed (S.) (1.10.2009) by The Public Health etc. (Scotland) Act 2008 (Commencement No. 2, Savings and Consequential Provisions) Order (S.S.I. 2009/319), art. 2(c), {Sch. 3}

F5 S. 84(4)(b) repealed (S.) (1.10.2009) by The Public Health etc. (Scotland) Act 2008 (Commencement No. 2, Savings and Consequential Provisions) Order (S.S.I. 2009/319), art. 2(c), {Sch. 3}

Marginal Citations

M1 1936 c. 49.

M2 1936 c. 49.

M3 1897 c. 38.