Public Health Act 1961

Suspension of certain provisions while an application is pending

3 (1) Subject to the following provisions of this Schedule, after the making of an application for a direction to which this Part of this Schedule applies, and until the application is withdrawn or finally disposed of, no notice shall be given under section sixty-five of the Public Health Act, 1936, as regards the work to which the application relates on the ground that it contravenes the requirement to which the application relates.

(2) If an application for a direction to which this Part of this Schedule applies is made less than twelve months after the completion of the work to which the application relates, so much of subsection (4) of the said section sixty-five as prevents a notice being given more than twelve months after the completion of the work shall not prevent the giving of such a notice as regards that work at any time within the period of three months from the date on which the application is withdrawn or finally disposed of.

(3) If an application for a direction to which this Part of this Schedule applies is made after a notice under the said section sixty-five has been given on the ground that the work to which the application relates contravenes the requirement to which the application relates (not being an application prohibited by paragraph 2 of this Schedule), subsection (3) of the said section sixty-five shall have effect in relation to that work as if for the reference to the period there mentioned there were substituted a reference to a period expiring twenty-eight days after the application is withdrawn or finally disposed of, or such longer period as a magistrates' court may allow.

(4) Subject to the following provisions of this Schedule, if an application for a direction to which this Part of this Schedule applies is made after any person has, in consequence of the carrying out of the work to which the application relates in contravention of building regulations, become liable to a penalty continuing from day to day, the daily penalty shall not be recoverable in respect of any day after the making of the application and before it is withdrawn or finally disposed of.

(5) In a case where an application is withdrawn or is finally disposed of without any direction being given, the Minister or, as the case may be, the local authority may order that the daily penalty shall not be recoverable in respect of any day during such further period not exceeding twenty-eight days as may be specified in the order.

4 Sub-paragraph (1), sub-paragraph (3) and sub-paragraph (4) of the last foregoing paragraph shall not apply to an application which is a repetition, or substantially a repetition, of a previous application under this Act.