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Part IE+W Preliminary

1 Short title, construction and commencement.E+W

(1)This Act may be cited as the Public Health Act 1925.

(2)Parts [F1I, II, VI and VIII] of this Act and the Public Health Acts 1875 to 1907, may be cited together as the Public Health Acts 1875 to 1925 . . . F2

(3)Parts [F1I, II, VI and VIII] of this Act shall be construed as one with the Public Health Acts 1875 to 1907 . . . F2

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

2 Extent of Act.E+W

(1)This Act shall not apply to Scotland or Northern Ireland, . . . F5

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8Part IX. of this Act shall extend to England and Wales inclusive of the administrative county of London.

Textual Amendments

F8S. 2(4): any reference in s.2 to Pt.IX of the Act is repealed(E.W.,save the repeal did not extend to the administrative county of London) by Public Health Act 1936 (c. 49, SIF 100:1), ss. 346, 347, Sch. 3 Pt. IV. The text of s.2(4) except as specified, is in the form in which it was originally enacted: it was reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Modifications etc. (not altering text)

C1The text of s. 2(4) which is spent,so far as not repealed,is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not, reflect any amendments or repeals which may have been made prior to 1.2.1991.

3—5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W

Textual Amendments

6 Amendment or adaptation of local Acts, &c. E+W

[F10The Secretary of State] may, by order made on the application of any local authority, make such amendments or adaptations of any local Act as may appear to him to be necessary for the purpose of bringing the provisions of that Act into conformity with the provisions of this Act, and any order so made shall operate as if enacted in this Act.

Textual Amendments

F10Words substituted by virtue of S.I. 1951/142 (1951 I, p. 1348), arts. 3, 5(2), Sch. Pt. I, 1951/1900 (1951 I, p. 1347), art. 1, (W.) 1965/319, arts. 2, 10(1), Sch. 1 Pt. I and 1970/1681, arts. 2(1), 6(3)

Modifications etc. (not altering text)

7 Application of certain provisions of Part I. of 7 Edw. VII. c. 53, and interpretation.E+W

(1)The provisions of Part I of the M1Public Health Acts Amendment Act 1907, which are specified in the Fourth Schedule to this Act, shall, as amended by any subsequent enactment, apply for the purposes of this Act, with the substitution of references to this Act for the references therein to that Act.

(2)In this Act the expression “local Act” includes an Act for the confirmation of a provisional order and the order thereby confirmed.

(3)In this Act the expression “statutory undertakers” means any person authorised by Parliament to construct, work, or carry on any railway, canal, inland navigation, dock, harbour, tramway, . . . F11 . . . F12, . . . F13 or other public undertaking.

8 Appeals to petty sessional court.E+W

Where any enactment in this Act provides for an appeal to a petty sessional court against a notice, determination, requirement, order or intended order of a local authority under this Act—

(1)Notice in writing of the appeal and of the grounds thereof shall be given by the appellant to the [F14proper officer of the authority]

(2)The court may make such order in the matter as they consider reasonable, and may award costs to be recoverable as a civil debt;

(3)No proceeding shall be taken by the local authority, or work executed, until after the determination or abandonment of the appeal;

(4)Notice of the right of appeal shall be endorsed on the order of the local authority and on any notice communicating their determination, requirement or intended order.

Textual Amendments

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W

Textual Amendments

10 Crown rights.E+W

Without prejudice to the generality of the provisions of section twelve of the M2Public Health Acts Amendment Act 1907, nothing in this Act shall affect . . . F16 any [F17telecommunication apparatus kept installed for the purposes of a telecommunications code system or the execution for those purposes of any works or any] power conferred on the Minister of Transport by the M3London Traffic Act 1924.

11, 12.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W

Textual Amendments