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Public Health (Scotland) Act 1897 (repealed)
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Changes over time for: Section 42
Version Superseded: 01/10/2009
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42 Periodical removal of manure from mews and other premises. S
Notice may be given by any local authority (by public announcement in the district or otherwise) for the periodical removal of manure or other refuse matter from mews, stables, or other premises, except cattle courts . . . F1 and where any such notice has been given any person to whom the manure or other refuse matter belongs who fails so to remove the same, or permits a further accumulation, and does not continue such periodical removal at such intervals as the local authority direct, shall be liable without further notice to a penalty not exceeding [F2£1] for each day during which such manure or other refuse matter is permitted to accumulate, and where . . . F1 it appears to the [F3proper officer of the local authority] that any accumulation of manure, dung, soil, or filth, or other offensive or noxious matters ought to be removed, he shall give notice to the person to whom the same belongs, or to the occupier of the premises whereon it exists, to remove the same; and if such notice is not complied with within forty-eight hours from the service thereof, the manure, dung, soil, filth, or matter referred to shall be vested in and be sold and disposed of by the local authority, and the proceeds thereof shall be applied in payment of the expenses incurred by them in the execution of this section; and the surplus (if any) shall be paid on demand to the owner of the matter removed, and the expenses of removal by the local authority of any such accumulation, if and so far as they are not covered by the sale thereof may be recovered by the local authority in a summary manner from the person to whom the accumulation belonged, whom failing, from the occupier or owner of the premises.
Textual Amendments
F1Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 27
F2Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)
F3Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)
Modifications etc. (not altering text)
C1S. 42 amended by Radioactive Substances Act 1960 (c. 34), s. 9, Sch. 1 Pt. II para. 13
S. 42 amended (27.8.1993) by 1993 c. 12, ss. 40, 51(2), Sch. 3 Pt. II para.11 (with ss. 42, 46).
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