. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

If any undertakers fail to make a report which they are required to make under this section, they shall be liable on summary conviction to a fine not exceeding F6level 3 on the standard scale, and, if the failure in respect of which they were so convicted continues after the conviction, they shall be liable on summary conviction to a fine not exceeding ten pounds for each day on which the failure so continues.

The appropriate department may serve on any public utility undertakers a notice requiring them, within the time specified in the notice, to take such measures as may be specified in the notice, being measures with respect to any of the matters specified in the last preceding section with respect to which those undertakers have made, or are under an obligation to make, a report in pursuance of that section or could be required to make a report thereunder.

If any undertakers fail to comply with the requirements of a notice served on them under this section, they shall be liable on summary conviction to a fine not exceeding F7level 3 on the standard scale and, if the failure in respect of which they were so convicted continues after the conviction, they shall be liable on summary conviction to a fine not exceeding fifty pounds for each day on which the failure so continues:

There may be paid out of moneys provided by Parliament towards approved expenses of public utility undertakers in taking measures F9. . . to secure the due functioning of their undertaking in the event of hostile attack, grants not exceeding one-half of those expenses.

In this section the expression “approved expenses” means such expenses of a capital nature, incurred on such measures, as the appropriate department, acting in accordance with general directions of the Treasury, may approve for the purposes of this section.

This section shall not apply in relation to any railway undertaking . . . F10F11. . ..

The powers conferred by this section shall, after the passing of this Act, only be exercisable with the approval of the Minister and subject to any conditions he may impose in relation to any particular exercise thereof.

The Minister may at any time give directions to the local authority or, as the case may be, the local authorities or the public utility undertakers that as from any date specified in the direction, any use of any lands or buildings under this section shall cease, and any such directions may require the lands or buildings to be restored, to such extent as may be specified, to their former condition, and it shall be the duty of the local authority or local authorities or public utility undertakers to comply with any such direction.

In this section the expression “use”, in relation to lands owned by or leased to a local authority, includes the erection of buildings and other structures thereon, the making of excavations therein, and the alteration and maintenance of any such buildings, structures or excavations, and, in relation to buildings owned by or leased to an authority, includes the alteration and maintenance of those buildings.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

The provisions of subsections (2), (3), (4) and (5) of section two hundred and eighty-seven of the M1Public Health Act 1936, shall apply for the purposes of this section as they apply for the purposes of that Act as if for the words in the said subsection (2) “authorise the council by any authorised officer” there were substituted the words “authorise the Minister, appropriate department, or local authority by any authorised officer F27. . .” .

Any person who wilfully obstructs F27. . .any person duly authorised by the Minister, the appropriate department, or a local authority in the exercise of any right conferred by or by virtue of this section shall be liable on summary conviction to a fine not exceeding F29level 1 on the standard scale.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

All grants payable under this Act out of moneys provided by Parliament shall be paid at such times and in such manner and subject to such conditions as to accounts, certificates and audit as the Minister, . . . F33, may, with the approval of the Treasury, determine.

Any such grant as aforesaid may be made subject to any other conditions so determined, and in particular subject to conditions as to the ownership of any property purchased out of the grant and as to the maintenance and disposal of any such property:

. . . F34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:-

• “Air-raid shelter” means protection, otherwise than by war-like means or by any article of apparel, from hostile attack from the air, and “an air-raid shelter” means any premises, structure or excavation used or intended to be used to provide air-raid shelter;

• . . . F38

• “Appropriate department” means—

  1. a

     in relation to any railway, canal, inland navigation, dock or harbour undertaking, the Minister of Transport;

  2. b

     in relation to any gas undertaking, the Board of Trade;

  3. c

     in relation to any electricity undertaking, F39the Secretary of State; and

  4. d

     in relation to any water undertaking, the Minister of Health;

• “Civil defence functions” means any functions conferred or imposed by or under . . . F40 this Act;

• . . . F38

• F41. . .

• . . . F38

• “Land,” in any provision of this Act relating to the acquisition of land, includes any interest in land and any easement or right in, to, or over land;

• . . . F38

• F41. . .

• “Occupier,” in relation to any unoccupied land, premises, building or part of a building, means the person entitled to the possession thereof;

• . . . F38

• Provided that, where the estate or interest of any person who under the preceding provisions of this definition would be the owner of any commercial building is the subject of a mortgage, and either the mortgagee is in possession or the rents and profits are being received by a receiver appointed by or on the application of the mortgagee, that estate or interest shall be deemed for the purposes of this definition to be vested in the mortgagee;

• . . . F38

• “Public utility undertakers” means any persons authorised by any enactment or order to construct, work or carry on any railway, canal, inland navigation, dock, harbour, . . . F42, . . . F43 or water undertaking, and also includes persons who, though not authorised by any enactment or order (other than the M2Public Health Act 1875, or the M3Public Health Act 1936,) to do so, are engaged in supplying . . . F42 water to the public, and for that purpose make use of pipes or mains laid in any highway; and “public utility undertaking” shall be construed accordingly.

Any premises occupied, or persons employed, by public utility undertakers who carry on a railway undertaking, shall be deemed, for the purposes of this Act, to be occupied or employed for the purposes of their railway undertaking, unless the occupation or employment is wholly or mainly for the purposes of some harbour, dock or canal undertaking carried on by those undertakers.

In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:-

• “Air-raid shelter” means protection, otherwise than by war-like means or by any article of apparel, from hostile attack from the air, and “an air-raid shelter” means any premises, structure or excavation used or intended to be used to provide air-raid shelter;

• . . . F44

• “Appropriate department” means—

  1. a

     in relation to any railway, canal, inland navigation, dock or harbour undertaking, the Minister of Transport;

  2. b

     in relation to any gas undertaking, the Board of Trade;

  3. c

     in relation to any electricity undertaking, F45the Secretary of State; and

  4. d

     in relation to any water undertaking, the Minister of Health;

• “Civil defence functions” means any functions conferred or imposed by or under . . . F46 this Act;

• . . . F44

• F47. . .

• . . . F44

• “Land,” in any provision of this Act relating to the acquisition of land, includes any interest in land and any easement or right in, to, or over land;

• . . . F44

• F47. . .

• “Occupier,” in relation to any unoccupied land, premises, building or part of a building, means the person entitled to the possession thereof;

• . . . F44

• Provided that, where the estate or interest of any person who under the preceding provisions of this definition would be the owner of any commercial building is the subject of a mortgage, and either the mortgagee is in possession or the rents and profits are being received by a receiver appointed by or on the application of the mortgagee, that estate or interest shall be deemed for the purposes of this definition to be vested in the mortgagee;

• . . . F44

• “Public utility undertakers” means any persons authorised by any enactment or order to construct, work or carry on any railway, canal, inland navigation, dock, harbour, . . . F48, . . . F49 or water undertaking, and also includes persons who, though not authorised by any enactment or order (other than the M4Public Health Act 1875, or the M5Public Health Act 1936,) to do so, are engaged in supplying . . . F48 water to the public, and for that purpose make use of pipes or mains laid in any highway; and “public utility undertaking” shall be construed accordingly.

Any premises occupied, or persons employed, by public utility undertakers who carry on a railway undertaking, shall be deemed, for the purposes of this Act, to be occupied or employed for the purposes of their railway undertaking, unless the occupation or employment is wholly or mainly for the purposes of some harbour, dock or canal undertaking carried on by those undertakers.

For the purposes of this Act as it applies by virtue of subsection (3) above in relation to a universal service provider the appropriate department is the Secretary of State.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

. . . F52 in subsection (3) of section seventy-nine, for the words “on summary conviction” there shall be substituted the words “on conviction by a court of summary jurisdiction”.

In section fifty-eight for references to the M6Public Health Act 1936, . . . F52 there shall be substituted . . . F52 references to the M7Public Health (Scotland) Act 1897, the Burgh Police (Scotland) Acts 1892 to 1903, or the corresponding provisions of any local Act, . . . F52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

Subsection (2) of section seventy-nine shall apply in like manner as if section two hundred and eighty-seven of the M8Public Health Act 1936, applied to Scotland.

Where by virtue of the M9Rating Exemptions (Scotland) Act 1874, or of the corresponding provisions of any local Act, any exemption from payment of local rates is enjoyed in respect of any lands and heritages, such exemptions shall not cease by reason only of their being used for any of the purposes . . . F52 of this Act, if such use is granted gratuitously or subject only to a reasonable payment in respect of cleaning, heating, lighting, or other services, and no profit is derived from such payment.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

The provisions of this Act, other than the provisions of this section, shall not extend to Northern Ireland.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

There may be paid out of moneys provided by Parliament to the Government of Northern Ireland, grants towards the expenses incurred by that Government for the purposes of civil defence, of such amounts as the Treasury may determine, so, however, that not more than seven hundred and fifty thousand pounds in all shall be paid under this subsection during the four financial years ending with the thirty-first day of March nineteen hundred and forty-three, and not more than fifty thousand pounds shall be paid under this subsection in any subsequent financial year.