Public Health Act 1936

Section 3(3).

FIRST SCHEDULE Provisions as to Medical Officers of Health and Sanitary Inspectors of Port Health Districts.

Qualifications, duties, &c.

1 The Minister may by regulations prescribe—

(a) the qualifications to be held and the duties to be performed by medical officers of health of port health districts;

(b) the mode of appointment and terms as to salary and tenure of office of medical officers of health and sanitary inspectors of port health districts, and the qualifications and duties of such sanitary inspectors.

Regulations made under this paragraph shall be laid before Parliament.

2 (1) Compliance with the regulations made under sub-paragraph (a) of the preceding paragraph shall be obligatory on every port health authority; compliance with the regulations made under sub-paragraph (b) thereof shall not be obligatory on any such authority, but compliance therewith shall be a condition of the right of the authority to receive from a county council or county borough council any such payment as is mentioned in the next succeeding paragraph of this Schedule.

(2) A medical officer of health of a port health district shall perform such duties as may be prescribed under the preceding paragraph of this Schedule, and may exercise any of the powers with which a sanitary inspector is invested.

Payments by councils of counties and county boroughs towards salaries.

3 Where in the case of a medical officer of health or sanitary inspector of a port health district the regulations made under paragraph I of this Schedule are complied with, the council of the county or county borough in which the district, or any part thereof, is situate shall, during the tenure of office of that officer, pay to the port health authority a sum equal to one-half of his salary :

Provided that—

(i) if the Minister certifies to the council—

(a) that the medical officer of health has failed to send to the Minister such reports and returns as are for the time being required by the regulations made under paragraph 1 of this Schedule to be so sent; or

(b) that the provisions of the next succeeding paragraph of this Schedule relating to a medical officer of health or sanitary inspector have not been complied with,

the said sum equal to one-half of the salary of the medical officer of health or, if the non-compliance relates to the sanitary inspector, of the sanitary inspector, shall be forfeited to the Crown and shall be paid to the Exchequer and not to the port health authority; and

(ii) where a port health district is not wholly situate in one county or county borough, such proportionate part only of the sum otherwise payable as may be certified by the Minister shall be paid by the council of each county or county borough in which a part of the port health district is situate.

Tenure of office.

4 (1) The following officers, that is to say—

(a) a medical officer of health of a port health district to whom this paragraph applies, and who is restricted by the terms of his appointment from engaging in private practice as a medical practitioner; and

(b) a sanitary inspector of a port health district to whom this paragraph applies, and who is required by the terms of his appointment to devote the whole of his time to the duties of his office, or to the duties of that office and of any other office or offices held by him under a local authority or a public body,

shall not be appointed for a limited time only, and shall not be dismissed except by the port health authority with the consent of the Minister, or by the Minister.

(2) This paragraph applies to a medical officer of health or a sanitary inspector of a port health district, in respect of whose salary a payment is made by the council of a county or county borough under the last foregoing paragraph:

Provided that, where more than one sanitary inspector is appointed for such a district as aforesaid, the foregoing provisions of this paragraph shall apply only to such one of the sanitary inspectors of the district as the port health authority may determine to be the senior sanitary inspector.