This Act is divided into Parts as follows:—
Part I.—General.
Part II.—Streets and buildings.
Part III.—Sanitary provisions.
Part IV.—Infectious diseases.
Part V.—Common lodging-houses.
Part VI.—Recreation grounds.
Part VII.—Police.
Part VIII.—Fire brigade.
Part IX.—Sky signs.
Part X.—Miscellaneous.
(1)This Act shall be construed as one with the Public Health Acts.
(2)Part I. of this Act shall extend to England and Wales and Ireland exclusive of the administrative County of London, and all or any of the remaining Parts or all or any of the sections thereof shall extend to any district to which all or any of those Parts or sections are applied by an Order of the Local Government Board or of the Secretary of State as the case may be.
(3)This Act may be cited as the Public Health Acts Amendment Act, 1907, and this Act and the Public Health Acts may together be cited as the Public Health Acts, 1875 to 1907.
(4)Any byelaws made under any enactment for which any provisions of this Act are substituted shall remain in force as if the byelaws had been made under the corresponding provisions of this Act.
(5)This Act shall come into operation on the first day of January one thousand nine hundred and eight.
(1)The Local Government Board may, on the application of a local authority, by Order to be published in such manner as the Local Government Board direct, declare any Part or any section of this Act to be in force in the district of the local authority, or, where the local authority are a rural district council, in any contributory place within the district of the local authority, and may declare any enactments in any local Act which appear to the Local Government Board to contain provisions similar to or inconsistent with any such Part or section to be no longer in force in that district or contributory place.
(2)The local authority shall, two weeks at least before applying for an Order, give notice of their intention to make such application by advertising the same once at least in one or more of the newspapers circulating in their district in each of two successive weeks, and no order shall be made under this section until proof of such advertisement has been given to the satisfaction of the Local Government Board, and until at least one month has elapsed after the date of such advertisement.
(3)Any such Order may specify conditions subject to which any Part or any section of this Act shall be in force in the district or contributory place, and where, in the opinion of the Local Government Board, the circumstances so require, any such Order may, in relation to that district or contributory place, declare any Part or any section of this Act to be in force subject to such necessary adaptations as are specified in the Order.
A statement of the effect of each Order specifying conditions or adaptations as aforesaid shall be published in the London Gazette as well as in any other manner directed by the Local Government Board.
(4)In regard to Part VII. (Police), Part VIII. (Fire Brigade), and Part IX. (Sky Signs) of this Act, the Secretary of State shall be deemed to be substituted in this section for the Local Government Board.
All expenses incurred or payable by a local authority in the execution of this Act and not otherwise provided for may be charged and defrayed in the case of an urban sanitary authority or urban district council, as the case may be, as part of the expenses incurred by them in the execution of the Public Health Acts, and in the case of a rural district council shall, subject to any power of the Local Government Board under any Act to order the contrary, be charged and defrayed as a part of their general expenses under the Public Health Acts.
(1)The Local Government Board may direct any enquiries to be held by their inspectors which they may deem necessary in regard to the exercise of any powers conferred upon them under this Act, and the inspectors of the Local Government Board shall for the purposes of any such enquiry have all such powers as they have for the purposes of enquiries directed by that Board under the Public Health Act, 1875.
(2)The local authority shall pay to the Local Government Board any expenses incurred by that Board in relation to any enquiries referred to in this section including the expenses of any witnesses summoned by the inspector holding the enquiry, and a sum to be fixed by that Board not exceeding three guineas a day for the services of such inspector.
(3)The Secretary of State may order that a local enquiry be held in regard to the exercise of any powers conferred on him under this Act. The person holding any such enquiry shall receive such remuneration as the Secretary of State may determine, and that remuneration and the expenses of the local enquiry shall be paid by the local authority.
Offences under this Act or under any byelaw made under the powers of this Act or under the powers of the Public Health Act, 1875, or any enactment amending or extending that Act, may be prosecuted, and penalties, forfeitures, costs, and expenses recovered, in like manner and subject to the same provisions as offences which may be prosecuted, and penalties, forfeitures, costs, and expenses which may be recovered, in a summary manner under the Public Health Acts.
(1)Except where this Act otherwise expressly provides any person aggrieved—
(a)By any order, judgment, determination, or requirement of a local authority under this Act;
(b)By the withholding of any order, certificate, licence, consent, or approval, which may be made, granted, or given by a local authority under this Act;
(c)By any conviction or order of a court of summary jurisdiction under any provision of this Act;
may appeal, in manner provided by the Summary Jurisdiction Acts, to a court of quarter sessions.
(2)Where any person deems himself aggrieved by the decision of the local authority in any case in which the local authority, under this Act, are empowered to recover in a summary manner any expenses incurred by them, or to declare the expenses to be private improvement expenses, section two hundred and sixty-eight of the Public Health Act, 1875, shall apply as it applies to cases under that Act, and subsection (1) of this section shall not apply in any such case, whether arising under the Public Health Act, 1875, or under this Act; but nothing in this subsection shall extend to any case in which an appeal to a court of summary jurisdiction in relation to any requirement of a local authority, or to any such expenses, is expressly authorised by this Act.
Any information, complaint, warrant or summons made or issued for the purpose of this Act or of the Public Health Acts may contain in the body thereof or in a schedule thereto several sums.
All the provisions with respect to byelaws contained in sections one hundred and eighty-two to one hundred and eighty-six of the Public Health Act, 1875, and any enactment amended or extended by those sections shall apply to all byelaws from time to time made by a local authority under the provisions of this Act, provided that the Secretary of State shall be the confirming authority for byelaws made under Part VII. (Police) of this Act.
Where any compensation, costs, damages or expenses is or are by this Act directed to be paid, and the method for determining the amount thereof is not otherwise provided for, such amount shall in case of dispute be ascertained in the manner provided by the Public Health Acts.
All powers given to a local authority under this Act shall be deemed to be in addition to and not in derogation of any other powers conferred upon such local authority by any Act of Parliament, law, or custom, and such other powers may be exercised in the same manner as if this Act had not been passed.
Nothing in this Act shall exempt any person from any penalty to which he would have been liable if this Act had not been passed, but no person shall be liable, except in the case of a daily penalty, to more than one penalty in respect of the same offence.
Nothing in this Act affects prejudicially any estate, right, power, privilege, or exemption of the Crown, and in particular nothing herein contained authorises any local authority to take, use, or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay, or estuary, or any land, hereditaments, subjects, or right of whatsoever description belonging to His Majesty in right of His Crown, and under the management of the Commissioners of Woods or of the Board of Trade respectively, without the consent in writing of the Commissioners of Woods or the Board of Trade, as the case may be, on behalf of His Majesty first had and obtained for that purpose (which consent the said Commissioners and Board are hereby respectively authorised to give).
In this Act, if not inconsistent with the context,—
The expression " local authority " means an urban sanitary authority, an urban district council, or a rural district council:
The expression " district of the local authority " means an urban .sanitary district, an urban district, or a rural district:
The expression " daily penalty " means a penalty for each day on which an offence is continued after conviction therefor:
The expressions " lands," " premises," " owner, " " street, " " house, " " drain, " and " sewer " have respectively the same meaning as in the Public Health Acts :
The expressions " clerk, " " medical officer, " " surveyor, " and " inspector of nuisances " mean the clerk, medical officer of health, surveyor, and inspector of nuisances respectively of the district of the local authority :
The expression " dairy " includes any farm, farmhouse, cowshed, milk store, milk shop, or other place from which milk is supplied or in which milk is kept for the purposes of sale within (unless otherwise expressed) the district of the local authority :
The expression " dairyman " includes any cowkeeper, purveyor of milk, or occupier of a dairy within (unless otherwise expressed) the district of the local authority :
The expression " infectious disease " means any infectious disease to which the [52 & 53 Vict. c. 72.] Infectious Disease (Notification) Act, 1889, for the time being applies within the district of the local authority :
The expressions " the commencement of this Part " and " the commencement of this section " used in relation to any Part or section of this Act mean respectively the date at which, by an Order made by the Local Government Board, or by the Secretary of State as the case may be, in pursuance of this Act, and subject to any conditions or adaptations specified in that Order, the Part or section is declared to be in force :
Other expressions to which a special meaning is asssigned by the Public Health Act, 1875, have respectively the same meaning in this Act as they have in that Act.
In the application of this Act to Ireland .the following modifications shall have effect:—
(1)This Act may be cited with the Public Health (Ireland) Acts, 1878 to 1900, as the Public Health (Ireland) Acts, 1878 to 1907 :
(2)A reference to a place of abode in England shall be construed to be a reference to a place of abode in Ireland :
(3)The Local Government Board for Ireland shall be substituted for the Local Government Board :
(4)The Chief Secretary shall be substituted for the Secretary of State :
(5)The Department of Agriculture and Technical Instruction for Ireland shall be substituted for the Board of Agriculture and Fisheries :
(6)The Dublin Gazette shall be substituted for the London Gazette :
(7)A court of summary jurisdiction constituted in accordance with the provisions of section two hundred and forty-nine of the [41 & 42 Vict. c. 52.] Public Health (Ireland) Act, 1878, shall be substituted for a petty sessional court :
(8)The Public Health (Ireland) Acts, 1878 to 1900, shall be substituted for the Public Health Acts, the Public Health (Ireland) Acts, 1878 to 1907, shall be substituted for the Public Health Acts, 1875 to 1907, and the Public Health (Ireland) Act, 1878, shall be substituted for the Public Health Act, 1875, and in particular references in this Act to the sections of the Public Health Act, 1875, mentioned in the first column of the schedule to this Act shall be construed as references to the corresponding sections of the Public Health (Ireland) Act, 1878, mentioned in the second column of that schedule :
(9)In subsection (2) of section seventy-four of this Act, the words " and the sanitary authority may" shall be substituted for the words " and the local authority may " :
(10)The provision with respect to section twenty-eight of the [10 & 11 Vict. c. 89.] Town Police Clauses Act, 1847, shall extend to section seventy-two of the [17 & 18 Vict. c. 103.] Towns Improvement (Ireland) Act, 1854.