Public Health Act 1936

Local authorities and their districts E+W

[F1 1 Local authorities for purposes of Act. E+W

( 1 ) Subject to the provisions of this Act with respect to certain special authorities, districts and areas, it shall be the duty of the following authorities to carry this Act [F2 , excluding Part VI except section 198,] into execution, that is to say—

(a) [F3 Except in Wales]in a county, the county council as respects certain matters and the district councils as respects all other matters, without prejudice, however, to the exercise by a parish F4 . . . council of any powers conferred upon such councils;

[F5 (aa) in Wales, the county council or county borough council as respects all matters, without prejudice, however, to the exercise by a community council of any powers conferred upon such a council;]

(b) in a London borough, the borough council;

(c) in the City of London, the Common Council; and

(d) in the Inner Temple and the Middle Temple, the Sub-Treasurer and the Under Treasurer thereof respectively.

(2) In this Act—

• “ community ”, in relation to a common community council acting for two or more grouped communities, means those communities;

• “ district ”, in relation to a local authority in Greater London, means a London borough, the City of London, the Inner Temple or the Middle Temple, as the case may be; [F6 and, in relation to a local authority in Wales, means a county or (as the case may be) county borough ]

• “ local authority ” means the council of a district or London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple; [F6 but, in relation to Wales, means the council of a county or county borough. ]

• “ parish ”, in relation to a common parish council acting for two or more grouped parishes, means those parishes. ]

Textual Amendments

F1 S. 1 substituted by Local Government Act 1972 (c. 70) Sch. 14 para. 1

F2 Words inserted by National Health Service Reorganisation Act 1973 (c. 32), Sch. 4 para. 2

F3 Words in s. 1(1)(a) inserted (1.4.1996) by 1994 c. 19, s.22(3) Sch. 9 (with saving in ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F4 Words in s. 1(1)(a) repealed (1.4.1996) by 1994 c. 19, ss. 22(3), 66(8), Sch. 9 para. 3(1), Sch. 18 (with saving in ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, arts. 3, 4, Schs. 1, 2

F5 S. 1(1)(aa) inserted (1.4.1996) by 1994 c. 19, s. 22(3) Sch. 9 para. 3(1) (with saving in ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F6 Words in definitions of “district” and “local authority” in S. 1(2) added (1.4.1996) by 1994 c. 19, s. 22(3) Sch. 9 para. 3(2) (with saving in ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3

Modifications etc. (not altering text)

C1 S. 1(1) modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

C2 S. 1(1) functions transferred and modified (E.) (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2

C3 S. 1(1) functions transferred and modified (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), art. 9, Sch. 2 (with art. 9(3))

C4 Definition of “local authority” in s. 1(2) excluded by Health and Safety at Work, etc. Act 1974 (c. 37), s. 76(2)(b)