Dangerous Buildings

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Public Health Acts Amendment Act 1890

An Act to amend the Public Health Acts
[18th August, 1890]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the same, as follows
Part I General.

1. Division of Act into parts
This Act is divided into parts as follows:
Part I. – General.

Part II. – Telegraph, &c. wires.

Part III. – Sanitary and other provisions.

Part IV. – Music and dancing

Part V. – Stock.

2. Short title, construction and extent of Act
(1) This Act shall be construed as one with the Public Short Health Acts.

(2) Part One of this Act shall extend to England and Wales and Ireland, exclusive of the administrative county of London. Parts Two, Three, Four, and Five, shall extend to any district in which they are respectively adopted under the provisions of this Act.

(3) This Act may be cited as the Public Health Acts Amendment Act, 1890, and this Act and the Public Health Acts may be cited together as the Public Health Acts.

3. Adoption of Act by local authorities

The following, provisions shall have effect with regard to the adoption of the parts of this Act, which are adoptive, by local authorities:
(1) An urban authority may adopt all or any of such parts.

(2) A rural authority may adopt Part Three so far as it is declared by this Act to be applicable to such authority, without prejudice to the provisions of this Act relating to the investing of rural authorities with urban powers.

(3) The adoption shall be, by a resolution passed at a meeting of the local authority: and one calendar month at least before such meeting Special notice of the meeting and of the intention to propose such resolution shall be given to every member of the authority, and the notice shall be deemed to have been duly given to a member of it, if it is either—
(a) Given in the mode in which notices to attend meetings of the authority are usually given: or

(b) Where there is no such mode, then signed by the clerk of the authority, and delivered to the member or left at his usual or last known place of abode in England, or forwarded by post in a prepaid letter, addressed to the member at his usual or last known place of abode in England.

(4) Such resolution shall be published by advertisement in some one or more newspapers circulating within the district of the authority and by causing, notice thereof to be affixed to the principal doors of every church and chapel in the place to which notices are usually fixed, and otherwise in such manner as the authority think sufficient for giving notice thereof to all persons interested, and shall come into operation at such time not less than one month after the first publication of the advertisement of the resolution as the authority may by the resolution fix, and upon its coming into operation such parts of the Act as are adopted shall extend to that district.

(5) A copy of the resolution shall be sent—
(a) Where any part of the Act is adopted, to the Local Government Board;

(b) Where Part Two is adopted, to the Board of Trade.

(6) A copy of the advertisement shall be conclusive evidence of the resolution having been passed, unless the contrary be shown; and no objection to the effect of the resolution, on the ground that notice of the intention to propose the same was not duly given or on the ground that the resolution was not sufficiently published, shall be made after three months from the date of the first publication of the advertisement.

4. Expenses of local authority

All expenses incurred or payable by a local authority in the execution of this Act, and not otherwise provided for, may be charged and defrayed in the case of an urban authority as part of the expenses incurred by them in the execution of the Public Health Acts, and in the case of a rural authority as part of their, general expenses under the Public Health Acts.

5. Power to Local Government Board to extend Act to rural districts

The Local Government Board may declare that any of the provision contained in any part of this Act which are not in force in any rural sanitary district shall be in force in that district, or any part thereof, and may invest a rural sanitary authority with any of the powers, rights, duties, capacities, liabilities, and obligations which an urban authority may acquire by adoption of any part of this Act, in like manner, and subject to the same provisions as they are enabled to invest rural sanitary authorities with the powers of urban sanitary authorities under the provisions of section two hundred and seventy-six of the Public Health Act, 1875, and in such case the date of the declaration of the Local Government Board under this section shall be substituted for the date of the adoption of this Act or any part thereof.

6. Legal proceedings, &c.

Offences under this Act may be prosecuted, and penalties, forfeitures, costs, and expenses recovered in like manner and subject to the same provisions as offences which may be prosecuted and penalties, forfeitures, costs, and expenses which may be recovered in a summary manner under the Public Health Acts.

7. Appeals to quarter sessions

(1) Any person aggrieved—
(a) By any order, judgment, determination, or requirement of a local authority under this Act;

(b) By the withholding of any order, certificate, licence, consent, or approval, which may be made, granted, or given by a local authority under this Act;

may appeal in manner provided by the Summary Jurisdiction Acts to a court of quarter sessions.

(2) This section shall not apply in cases where there is an appeal to the local Government Board under section two hundred and sixty-eight of the Public Health Act, 1875.
8. More than one sum in one summons, &c.
Any information, complaint, warrant, or summons made or issued for the purposes of this Act, or of the Public Health Acts, may contain in the body thereof or in a schedule thereto several sums.

9. Byelaws

All the provisions with respect to byelaws contained in sections one hundred and eighty-two to one hundred and eighty-six of the Public Health Act, 1875, and any enactment amending or extending those sections, shall apply to all byelaws from time to time made by a local authority under the powers of this Act, except byelaws made under Part Two of this Act.

10. Powers of Act cumulative
(1) All powers given to a local authority under this Act shall be deemed to be in addition to and not in derogation of any other powers conferred upon such local authority by any Act of Parliament, law, or custom, and such other powers may be exercised in the same manner as if this Act had not been passed.

(2) Nothing in this Act shall exempt any person from any penalty to which he would have been liable if this Act had not been passed, provided that no person shall be liable to pay, except in the case of a daily penalty, more than one penalty in respect of the same offence.
11. Interpretation
(1.) The expression “ashpit” in the Public Health Acts and in this Act shall for the purposes of the execution of those Acts and of this Act include any ashtub or other receptacle for the deposit of ashes, faecal matter, or refuse.

(2) A street or part of a street which has been asphalted or paved with wood, tar paving, or artificial stone, or other improved paving of any kind shall be deemed to have been paved within the meaning of any provision of the Public Health Acts.
Provided that a street shall not be deemed to be paved to the satisfaction of an urban authority unless it is paved with such kind as well as with such quality of paving as the local authority shall consider suitable for the street.

(3) In this Act if not inconsistent with the context-
The expression “local authority” means an urban sanitary authority or a, rural sanitary authority, as the case may, be, under the Public Health Acts, and the expressions “urban authority” and “rural authority” mean respectively an urban sanitary authority and a rural sanitary authority under those Acts.

The expressions “urban sanitary district” and “rural sanitary district” mean respectively an urban sanitary district and a rural sanitary district under the Public Health Acts.

The expression “sanitary convenience” includes urinals, water closets, earth-closets, privies, ashpits, and any similar convenience.

The expression “daily penalty” means a penalty for each day on which any offence is continued after conviction therefor.

The expressions “surveyor”, “lands,” “Premises”, “owner”, “street”, “house”, “drain”, “sewer” have respectively the same meaning as in the Public Health Acts

12. Application of Act to Ireland

In the application of this Act to Ireland the following modifications shall have effect:-
(1) Sections five and forty-one shall not apply to Ireland.

(2) This Act shall be construed as one with the Public Health (Ireland) Act, 1878.

(3) This Act and the Public Health (Ireland) Act, 1878, may be cited as the Public Health (Ireland) Acts.

(4) A reference to a place of abode in England shall be construed to be a reference to a place of abode in Ireland.

(5) The Local Government Board for Ireland shall be substituted for the Local Government Board

(6) The Chief Secretary shall be substituted for the Secretary of State.

(7) The expression “the Public Health Acts” shall include the Public Health (Ireland) Act, 1878, and the said Act shall be substituted for the Public Health Act, 1875, and in particular references in this Act to sections thirty-eight, forty-one, eighty-four, one hundred and sixteen, one hundred and seventeen, one hundred and fifty-seven, one hundred and fifty-eight, one hundred and sixty-five, two hundred and twenty-nine, two hundred and thirty, two hundred and sixty-eight and three hundred and six of the Public Health Act, 1875, shall be respectively taken to be references to sections forty-eight, fifty-one, ninety-five, one hundred and thirty-two, one hundred and thirty-three, forty-one, forty-two, one hundred and two, two hundred and thirty-two, two hundred and thirty-three, two hundred and sixty-eight, and two hundred and seventy-two of the Public Health (Ireland) Act, 1878, and the references to sections one hundred and sixteen to one hundred nineteen, and, to sections one hundred and eighty-two to one hundred and eighty-six of the Public Health Act, 1875, shall be respectively taken to be references to sections one hundred and thirty-two to one hundred and thirty-five, and to sections two hundred and nineteen to two hundred and twenty-three of the Public Health (Ireland) Act, 1878.

(8) In sub-section four of section fifty-one of this Act a notice to the clerk to the licensing justices and to the district inspector of the district in which the house, room, garden or place is situated, or in his absence to the head constable, or if in the Dublin Metropolitan Police District to the superintendent of police of such division, shall be substituted for the notice to the clerk of the licensing justices and to the chief officer of police in the said sub-section mentioned.

(9) In section fifty-one of this Act as modified by this section the expression “general annual licensing meeting” shall mean annual licensing quarter sessions and the expressions “licensing justices,” “clerk to the licensing justices,” “special sessions,” and all other expressions defined by the Licensing Acts (Ireland), 1872 to 1874, shall have the same meanings respectively as in the said Acts.

(10) Sub-section two of section fifty-two of this Act shall be read and construed as if the words and figures “of the Local Loans Act, 1875, and the Acts amending the same and,” and also “by the Metropolitan Board of Works, or the County Council of London, or,” were omitted therefrom.

(11) The Lord Lieutenant by order made by and with the advice of the Privy Council shall be substituted for Her Majesty by Order in Council.

21. Sanitary conveniences used in common

With respect to any sanitary convenience used in common by the occupiers of two or more separate dwelling-houses, or by other persons, the following provisions shall have effect:—
(1) If any person injures or improperly fouls any such sanitary convenience, or anything used in connection therewith, he shall for every such offence be liable to a penalty not exceed ten shillings.

(2) If any sanitary convenience or the approaches thereto, or the walls, floors, seats, or fittings thereof is or are in the opinion of the urban authority or of the inspector of nuisances or medical officer of health of such authority in such a state or condition as to be a nuisance or annoyance to any inhabitant of the district for want of the proper cleansing thereof, such of the persons having the use thereof in common as aforesaid as may be in default, or in the absence of proof satisfactory to the court as to which of the persons having the use thereof in common is in default, each of those persons, shall be liable to a penalty not exceeding ten shillings, and to a daily penalty not exceeding five shillings.

34. Hoards to be set up during progress of buildings, &c.

(1) Every Person intending to build or take down any building, or to alter or repair the outward part of any building in any street or court, shall—
(a) before beginning the same, unless the urban authority otherwise consent in writing, cause close-boarded hoards or fences to the satisfaction of the urban authority to be put up in order to separate the building from the street or court;

(b) if the urban authority so require, make a convenient covered platform and handrail to serve as a footway for passengers, outside of such hoard or fence;

(c) continue such hoard or fence with such platform and handrail as aforesaid standing and in good condition to the satisfaction of the urban authority during such time as they may require:

(d) if required by the urban authority, cause the same to be sufficiently lighted during the night

(e) remove the same when required by the urban authority:

(2) Every person who fails to comply with any of the provisions of this section shall be liable to a penalty not exceeding five pounds and to a daily penalty not exceeding forty shillings.

(3) Where this part of this Act is adopted the eightieth section of the Towns Improvement Clauses Act, 1847, shall be repealed, and this section shall be deemed to be substituted therefor.

35. As to repair of cellars under streets

(1) All vaults, arches, and cellars under any street, and all openings into such vaults, arches, or cellars in the surface of any street, and all cellar-heads, gratings, lights, and coal holes in the surface of any street, and all landings, flags, or stones of the path or street supporting the same respectively, shall be kept in good condition and repair by the owners or occupiers of the same, or of the houses or buildings to which the same respectively belong.

(2.) Where any default is made in complying, with the provisions of this section, the urban authority may, after twenty-four hours notice in that behalf, cause anything in respect of which such default is made to be repaired or put into good condition, and the expenses of so doing shall be paid to the urban authority by such owner or occupier respectively, or in default may be recovered in a summary manner.

36. Means of ingress to and egress from places of public resort

(1.) Every building, which, after the adoption of this part of this Act in any urban district, is used as a place of public resort, shall, to the satisfaction of the urban authority, be substantially constructed and supplied with ample, safe, and convenient means of ingress and egress for the use of the public, regard being had to the purposes for which such building is intended to be used, and to the number of persons likely to be assembled at any one time therein.

(2) The means of ingress and egress shall during the whole time that such building is used as a place of public resort be kept free and unobstructed to such extent as the urban authority shall require.

(3) An officer authorised in writing by the urban authority, and producing his authority if so required, may at all reasonable times enter any such building to see that the provisions of this section are carried into effect.

(4) Any person who being the occupier or manager, or in the case of a building let for any period less than one year the owner of any building used as aforesaid, uses the same or suffers the same to be used in contravention of this section, or fails to comply with the provisions of this section in respect thereof, shall for every such offence be liable to a penalty not exceeding twenty pounds.

(5) Where any alteration in the building is required in order to give proper means of ingress or egress, the court may refuse to inflict a penalty for an offence under this section until a reasonable time has been allowed for making such alteration, but the court may make such order is they think fit for the closing, or otherwise, of the building during such time.

(6) For the purposes of this section the expression “place of public resort” means a building used or constructed or adapted to be used either ordinarily or occasionally as a church, chapel, or other place of public worship (not being merely a dwelling-house so used), or as a theatre, public hall, public concert-room, public ball-room, public lecture-room, or public exhibition room, or as a public place of assembly for persons admitted thereto by tickets or by payment, or used, or constructed, or adapted to be used, either ordinarily or occasionally for any other public purpose, but shall not include a private dwelling-house used occasionally or exceptionally for any of those purposes.
Provided that this section shall not extend to any building used as a church or chapel or other place of public worship before or at the time of the adoption of this part of this Act.

37. Safety of platforms, &c. erected or used on public occasions

(1) Whenever large numbers of persons are likely to assemble on the occasion of any show, entertainment, public procession, open-air meeting, or other like occasion, every roof of a building, and every platform, balcony, or other structure or part thereof let or used or intended to be let or used for the purpose of affording sitting or standing accommodation for a number of persons, shall be safely constructed or secured to the satisfaction of the surveyor of the urban authority.

(2) Any person who uses or allows to be used in contravention of this section, any roof of a building, platform, balcony, or structure not so safely constructed or secured, or who neglects to comply with the provisions of this section in respect thereof, shall be liable to a penalty not exceeding fifty pounds.

41. Adoption of private streets

Where this part of this Act is adopted, section one hundred and fifty-two of the Public Health Act, 1875, shall be repealed, and the following provisions shall be substituted in lieu thereof:
(1) Whenever all or any of the works mentioned in section one hundred and fifty of the Public Health Act, 1875, have been executed in a street or part of a street under that section by an Urban authority, and the urban authority are of opinion that such street or part of a street ought to become a highway repairable by the inhabitants at large, they may by notice to be fixed up in such street or part of a street declare the whole of such street or part of a street to be a highway repairable by the inhabitants at large, and thereupon such street or part of a street as defined in the notice shall become a highway repairable by the inhabitants at large.

(2.) Provided that no such street shall become a highway so repairable if within one month after such notice has been put up the owner or the majority in number or value of owners of such street by notice in writing to the urban authority object thereto, and in ascertaining such majority joint owners shall be reckoned as one owner.

50. Application of Act in rural districts

The following provisions of this part of this Act shall be applicable in rural sanitary districts, namely,—
Section sixteen, relating to injurious matter being passed into sewers.

Section seventeen, relating to the turning, of chemical refuse, steam, &-c. into sewers.

Section eighteen, relating to local authorities making communication with drains, &c.

Section nineteen, relating to the extension of section forty-one of the Public Health Act, 1875.

Section twenty-one, relating to sanitary conveniences used in common.

So much of section twenty-three, relating to the extension of section one hundred and fifty-seven of the Public Health Act, 1875 as applies to rural authorities.

Section twenty-five, relating to the penalty for erecting buildings on ground filled up with offensive matter.

Sub-section (2) of section twenty-six, relating to the power to make byelaws for certain sanitary purposes.

Section twenty-eight, relating to the extension of sections one hundred and sixteen to one hundred and nineteen inclusive of the Public Health Act, 1875.

Section thirty-two, relating to the extension of section eighty-four of the Public Health Act, 1875.

Section thirty-three, relating to the use of buildings described in deposited plans otherwise than dwelling-houses.

Section forty-seven, relating, to the restriction on throwing cinders, &c. into streams.

Section forty-eight, relating to the extension of section three hundred and six of the Public Health Act, 1875.

Section forty-nine, relating to the powers of the Local Government Board to determine expenses of rural authorities to be special expenses.

Public Health Acts Amendment Act 1907

An Act to amend the Public Health Acts.
[28th August 1907.]
BE it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Part I General
1. Division of Act into Parts
This Act is divided into Parts as follows:—
Part I.—General.

Part II.—Streets and buildings.

Part III.—Sanitary provisions.

Part IV.—Infectious diseases.

Part V.—Common lodging-houses.

Part VI.—Recreation grounds.

Part VII.—Police.

Part VIII.—Fire brigade.

Part IX.—Sky signs.

Part X.—Miscellaneous.

2. Short title, construction and extent of Act

(1) This Act shall be construed as one with the Public Health Acts.

(2) Part I of this Act shall extend to England and Wales and Ireland exclusive of the administrative County of London, and all or any of the remaining Parts or all or any of the sections thereof shall extend to any district to which all or any of those Parts or sections are applied by an Order of the Local Government Board or of the secretary of State as the case may be.

(3) This Act may be cited as the Public Health Acts Amendment Act, 1907, and this Act and the Public Health Acts may together be cited as the Public Health Acts, 1875 to 1907.

(4) Any byelaws made under any enactment for which any provisions of this Act are substituted shall remain in force as if the byelaws had been made under the corresponding provisions of this Act.

(5) This Act shall come into operation on the first day of January one thousand nine hundred and eight.

3. Applications of Parts or section of Act

(1) The Local Government Board may, on the application of a local authority, by Order to be published in such manner, as the Local Government Board direct, declare any Part or any section of this Act to be in force in the district of the local authority, or, where the local authority are a rural district council, in any contributory place within the district of the local authority, and may declare any enactments in any local Act, which appear to the Local Government Board to contain provisions similar to or inconsistent with any such Part or section, to be no longer in force in that district or contributory place.

(2) The local authority shall, two weeks at least before applying for an Order, give notice of their intention to make such application by advertising the same once at least in one or more of the newspapers circulating in their district in each of two successive weeks, and no order shall be made under this section until proof of such advertisement has been given to the satisfaction of the Local Government Board, and until at least one month has elapsed after the date of such advertisement.

(3) Any such Order may specify conditions subject to which any Part or any section of this Act shall be in force in the district or contributory place, and where, in the opinion of the Local Government Board, the circumstances so require, any such Order may, in relation to that district or contributory place, declare any Part or any section of this Act to be in force subject to such necessary adaptations as are specified in the Order.
A statement of the effect of each Order specifying conditions or adaptations as aforesaid shall be published in the London Gazette as well as in any other manner directed by the Local Government Board.

(4) In regard to Part VII (Police), Part VIII (Fire Brigade), and Part IX (Sky Signs) of this Act, the Secretary of State shall be deemed to be substituted in this section for the Local Government Board.

4. Expenses of local authority

All expenses incurred or payable by a local authority in the execution of this Act and not otherwise provided for may be charged and defrayed in the case of an urban sanitary authority or urban district council, as the case may be, as part of the expenses incurred by them in the execution of the Public Health Acts, and in the case of a rural district council shall, subject to any power of the Local Government Board under any Act to order the contrary, be charged and defrayed as a part of their general expenses under the Public Health Acts.

5. Enquiries by Local Government Board

(1) The Local Government Board may direct any enquiries to be held by their inspectors which they may deem necessary in regard to the exercise of any powers conferred upon them under this Act, and the inspectors of the Local Government Board shall for the purposes of any such enquiry have all such powers as they have for the purposes of enquiries directed by that Board under the Public Health Act, 1875.

(2) The local authority shall pay to the Local Government Board any expenses incurred by that Board in relation to any enquiries referred to in this section, including the expenses of any witnesses summoned by the inspector holding the enquiry, and a sum to be fixed by that Board not exceeding three guineas a day for the services of such inspector.

(3) The Secretary of State may order that a local enquiry be held in regard to the exercise of any powers conferred on him under this Act. The person holding any such enquiry shall receive such remuneration as the Secretary of State may determine, and that remuneration and the expenses of the local enquiry shall be paid by the local authority.

6. Legal proceedings, &c.

Offences under this Act or under any byelaw made under the powers of this Act or under the powers of the Public Health Act, 1875, or any enactment amending or extending that Act, may be prosecuted, and penalties, forfeitures, costs, and expenses recovered, in like manner and subject to the same provisions as offences which may be prosecuted, and penalties, forfeitures, costs, and expenses which may be recovered, in a summary manner under the Public Health Acts.

7. Appeals to quarter sessions, &c.

(1) Except where this Act otherwise expressly provides any person aggrieved —
(a) By any order, judgment, determination, or requirement of a local authority under this Act;

(b) By the withholding of any order, certificate, licence, consent, or approval, which may be made, granted, or given by a local authority under this Act;

may appeal, in manner provided by the Summary Jurisdiction Acts, to a court of quarter sessions.

(2) Where any person deems himself aggrieved by the decision of the local authority in any case in which the local authority, under this Act, are empowered to recover in a summary manner any expenses incurred by them, or to declare the expenses to be private improvement expenses, section two hundred and sixty eight of the Public Health Act, 1875, shall apply as it applies to cases under that Act, and subsection (1) of this section shall not apply in Any such case, whether arising under the Public Health Act, 1875, or under this Act; but nothing in this subsection shall extend to any case in which an appeal to a court of summary jurisdiction in relation to any requirement of a local authority, or to any such expenses, is expressly authorised by this Act.

8. More than one sum in one summons
Any information, complaint, warrant or summons made or issued for the purpose of this Act or of the Public Health Acts may contain in the body thereof or in a schedule thereto several sums.

9. Byelaws

All the provisions with respect to byelaws contained in sections one hundred and eighty-two to one hundred and eighty-six of the Public Health Act, 1875, and any enactment amended or extended by those sections shall apply to all byelaws from time to time made by a local authority under the provisions of this Act, provided that the Secretary of State shall be the confirming authority for byelaws made under Part VII (Police) of this Act.

10. Compensation, how determined

Where any compensation, costs, damages or expenses is or are by this Act directed to be paid, and the method for determining the amount thereof is not otherwise provided for, such amount shall in case of dispute be ascertained in the manner provided by the Public Health Acts.

11. Powers of Act cumulative

All powers given to a local authority under this Act shall be deemed to be in addition to and not in derogation of any other powers conferred upon such local authority by any Act of Parliament, law, or custom, and such other powers may be exercised in the same manner as if this Act had not been passed.
Nothing in this Act shall exempt any person from any penalty to which he would have been liable if this Act had not been passed, but no person shall be liable, except in the case of a daily penalty, to more than one penalty in respect of the same offence.

12. Crown rights

Nothing in this Act affects prejudicially any estate, right, power, privilege or exemption of the Crown, and in particular nothing herein contained authorises any local authority to take, use, or in any manner interfere with any portion of the shore or bed of the sea or of any river, channel, creek, bay, or estuary, or any land, hereditaments, subjects, or right of whatsoever description belonging to His Majesty in right of His Crown, and under the management of the Commissioners of Woods or of the Board of Trade respectively, without the consent in writing of the Commissioners of Woods or the Board of Trade, as the case may be, on behalf of His Majesty first had and obtained for that purpose (which consent the said Commissioners and Board are hereby respectively authorised to give).

13. Interpretation

In this Act, if not inconsistent with the context, —
The expression “local authority” means an urban sanitary authority, an urban district council, or a rural district council:

The expression “district of the local authority” means an urban sanitary district, an urban district, or a rural district:

The expression “daily penalty” means a penalty for each day on which an offence is continued after conviction therefor:

The expressions “lands,” “premises,” “owner,” “street,” “house,” “drain,” and “sewer” have respectively the same meaning as in the Public Health Acts:

The expressions “clerk,” “medical officer,” “surveyor,” and “inspector of nuisances” mean the clerk, medical officer of health, surveyor, and inspector of nuisances respectively of the district of the local authority:

The expression “dairy” includes any farm, farmhouse, cowshed, milk store, milk shop, or other place from which milk is supplied or in which milk is kept for the purposes of sale within (unless otherwise expressed) the district of the local authority:

The expression “dairyman” includes any cowkeeper, purveyor of milk, or occupier of a dairy within (unless otherwise expressed) the district of the local authority:

The expression “infectious disease” means any infectious disease to which the Infectious Disease (Notification) Act, 1889, for the time being applies within the district of the local authority:

The expressions “the commencement of this Part” and “the commencement of this section” used in relation to any Part or section of this Act mean respectively the date at which, by an Order made by the Local Government Board, or by the Secretary of State as the case may be, in pursuance of this Act, and subject to any conditions or adaptations specified in that Order, the Part or section is declared to be in force:

Other expressions to which a special meaning is assigned by the Public Health Act, 1875, have respectively the same meaning in this Act as they have in that Act.

14. Application of Act to Ireland

In the application of this Act to Ireland the following modifications shall have effect:—
(1) This Act may be cited with the Public Health (Ireland) Acts, 1878 to 1900, as the Public Health (Ireland) Acts, 1878 to 1907:

(2) A reference to a place of abode in England shall be construed to be a reference to a place of abode in Ireland:

(3) The Local Government Board for Ireland shall be substituted for the Local Government Board:

(4) The Chief Secretary shall be substituted for the Secretary of State

(5) The Department of Agriculture and Technical Instruction for Ireland shall be substituted for the Board of Agriculture and Fisheries:

(6) The Dublin Gazette shall be substituted for the London Gazette:

(7) A court of summary jurisdiction constituted in accordance with the provisions of section two hundred and forty-nine of the Public Health (Ireland) Act, 1878, shall be substituted for a petty sessional court:

(8) The Public Health (Ireland) Acts, 1878 to 1900, shall be substituted for the Public Health Acts, the Public Health (Ireland) Acts, 1878 to 1907, shall be substituted for the Public Health Acts, 1875 to 1907, and the Public Health (Ireland) Act, 1878, shall be substituted for the Public Health Act, 1875, and in particular references in this Act to the sections of the Public Health Act, 1875, mentioned in the first column of the schedule to this Act shall be construed as references to the corresponding sections of the Public Health (Ireland) Act, 1878, mentioned in the second column of that schedule:

(9) In subsection (2) of section seventy-four of this Act, the words “and the sanitary authority may” shall be substituted for the words “and the local authority may”:

(10) The provision with respect to section twenty-eight of the Town Police Clauses Act, 1847, shall extend to section seventy-two of the Towns Improvement (Ireland) Act, 1854.

20. Recovery of damages caused to footways by excavations

If the footway of any street repairable by the inhabitants at large be injured by or in consequence of any excavations or other works on lands adjoining thereto, the local authority may repair or replace the footway so injured, and all damages and expenses of or arising from such injury and repair or replacement shall be paid to the local authority by the owner of the lands on which such excavations or other works have been made, or by the person causing or responsible for the injury.
23. What to be deemed new buildings
For the purposes of this Act and the Public Health Acts, and any byelaws made thereunder, each of the following operations, namely:—
(a) The re-erection, wholly or partially, of any building of which an outer wall is pulled down or burnt down to or within ten feet of the surface of the ground adjoining the lowest storey of the building, and of any frame building so far pulled down or burnt down as to leave only the framework of the lowest storey;

(b) The conversion into a dwelling-house of any building not originally constructed for human habitation, or the conversion into more than one dwelling-house of a building originally constructed as one dwelling-house only;

(c) The re-conversion into a dwelling-house of any building which has been discontinued as or appropriated for any purpose other than that of a dwelling-house;

(d) The making of any addition to an existing building by raising any part of the roof, by altering a wall, or making any projection from the building, but so far as regards the addition only; and

(e) The roofing or covering over of an open space between walls or buildings;

shall be deemed to be the erection of a new building.

30. Dangerous places to be repaired or enclosed

With respect to the repairing or enclosing of dangerous places the following provisions shall have effect (namely):—
(1) If in any situation fronting, adjoining, or abutting on any street or public footpath, any building, wall, fence, steps, structure or other thing, or any well, excavation, reservoir, pond, stream, dam or bank is, for want of sufficient repair, protection, or enclosure dangerous to the persons lawfully using the street or footpath, the local authority may, by notice in writing served upon the owner, require him, within the period specified, in the notice and herein-after in this section referred to as the “prescribed period,” to repair, remove, protect, or enclose the same so as to prevent any danger therefrom:

(2) If, after service of the notice on the owner, he shall neglect to comply with the requirements thereof within the prescribed period, the local authority may cause such works as they think proper to be done for effecting such repair, removal, protection, or enclosure, and the expenses thereof shall be payable by the owner, and may be recovered summarily as a civil debt.

31. Fencing lands adjoining streets

If any land (other than land forming part of any common) adjoining any street is allowed to remain unfenced or if the fences of any such land are allowed to be or remain out of repair, and such land is, owing to the absence or inadequate repair of any such fence, a source of danger to passengers, or is used for any immoral or indecent purposes, or for any purpose causing inconvenience or annoyance to the public, the Local Government Board on the application of the local authority may by Order empower the local authority to proceed under this section, and, in that case, at any time after the expiration of fourteen days from the service upon the owner or occupier of notice in writing by the local authority requiring the land to be fenced or any fence of the land to be repaired, the local authority may cause the land to be fenced or may cause the fences to be repaired in such manner as they think fit, and the reasonable expenses thereby incurred shall be recoverable from such owner or occupier summarily as a civil debt.

32. Hoards to be securely erected

(1) A person shall not use any hoarding or similar structure which is in, or abuts on, or adjoins any street, for any purpose, unless it is securely fixed to the satisfaction of the local authority.

(2) If any person acts in contravention of this section he shall be liable, in respect of each offence, to a penalty not exceeding €6.35 [five pounds] and to a daily penalty not exceeding €1.27 [twenty shillings].

33. Exemption of buildings of railway companies and others

Nothing in this Part or in any byelaws to be made under any enactment extended by this Part shall apply to a building (other than a dwelling-house) belonging to a railway company, or to any company or other public body authorised to construct, maintain, or improve a harbour, pier or dock, or to the owners of any canal or inland navigation, and used by the company, public body, or owners as a part of or in connection with their railway, harbour, pier, dock, canal or inland navigation.

35. As to nuisances

For the purposes of the Public Health Act, 1875 —
(1) Any cistern used for the supply of water for domestic purposes so placed, constructed, or kept as to render the water therein liable to contamination, causing or likely to cause risk to health;

(2) Any gutter, drain, shoot, stack-pipe, or down-spout of a building which by reason of its insufficiency or its defective condition shall cause damp in such building or in an adjoining building; and

(3) Any deposit of material in or on any building or land which shall cause damp in such building or in an adjoining building so as to be dangerous or injurious to health

shall be deemed to be a nuisance within the meaning of the said Act.

37. Water or stack pipes not to be used as ventilating shafts

No water pipe, stack-pipe, or down-spout in existence at the commencement of this section, used for conveying surface water from any premises, shall be used or be permitted to serve or to act as a Ventilating shaft to any drain. Any person who shall offend against this section after fourteen days from the service upon him by the local authority of notice of such offence shall be liable, to a penalty not exceeding €2.54 [forty shillings] and to a daily penalty not exceeding €1.27 [twenty shillings].

51. Power to declare a business to be an offensive business

(1) The words “any other trade, business, or manufacture, which the local authority declare by order confirmed by the Local Government Board, and published in such manner as the Board direct, to be an offensive trade,” shall be substituted for the words “any other noxious or offensive trade, business, or manufacture,” in section one hundred and twelve of the Public Health Act, 1875.

(2) The local authority may make byelaws with respect to any trade which is an offensive trade under section one Hundred and twelve of the Public Health Act, 1875, as amended by this Act, whether established before or after the commencement of this Act, in order to prevent or diminish any noxious or injurious effects of the trade.

79. Dangerous riding and driving

Every person who shall ride or drive so as to endanger the life or limb of any person or to the common danger of the passengers in any thoroughfare shall be liable to a penalty not exceeding forty shillings and may be arrested without warrant by any constable who witnesses the offence.

81. Extending definition of public place and street for certain purposes

Any place of public resort or recreation ground belonging to, or under the control of, the local authority, and any unfenced ground adjoining or abutting upon any street in an urban district shall for the purpose of the Vagrancy Act, 1824, and of any Act for the time being in force altering or amending the same, be deemed to be an open and public place, and shall be deemed to be a street for the purposes of section twenty-nine of the Town Police Clauses Act, 1847, and also for the purposes of so much of section twenty-eight of that Act as relates to the following offences:—
Every person who suffers to be at large any unmuzzled ferocious dog, or urges any dog or other animal to attack, worry, or-put in fear any person or animal:

Every person who rides or drives furiously any horse or carriage, or drives furiously any cattle:

Every common prostitute or night walker loitering and importuning passengers for the purpose of prostitution:

Every person who wilfully and indecently exposes his person:

Every person who publicly offers for sale or distribution, or exhibits to public view, any profane, indecent, or obscene book, paper, print, drawing, painting, or representation, or sings any profane or obscene song or ballad, or uses any profane or obscene language:

Every person who wantonly discharges any firearm or discharges any missile or makes any bonfire:

Every person who throws or lays any dirt, litter, ashes, or night soil, or any carrion, fish, offal, or rubbish, on any street.

83. Byelaws as to promenades

The local authority may, for the prevention of danger, obstruction, or annoyance to persons using the esplanades or promenades within the district, make byelaws prescribing the nature of the traffic for which they may be used, regulating the selling and hawking of any article, commodity, or thing thereon, and for the preservation of order and good conduct among the persons using the same.

Part X Miscellaneous

Schedule 1 References to the Public Health (Ireland) Act, 1878, to be Substituted for references to the Public Health Act, 1875.
Sections of the Public Health Act, 1875.
Corresponding Sections of Public Health (Ireland) Act, 1878

4
51

77
88

86
89

88
97

102
118

103
119

112
128

124
141

126
142

132
156

150
28

157
41

158
42

175
202

176
203

182
219

186
223

257
255

268
268

304
277

Local Government (Sanitary Services) Act 1964

An Act to amend and extend the Local Government (Sanitary Services) Acts, 1878 to 1962.
[28th July, 1964.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1. Definitions.

In this Act—
“dangerous place” means an excavation, quarry, pit, well, reservoir, pond, stream, dam, bank, dump, shaft or land that, in the opinion of the sanitary authority in whose sanitary district it is situate, is or is likely to be dangerous to any person;
“dangerous structure” means—
(a) any building, wall or other structure of any kind, or

(b) any part of, or anything attached to, a building, wall or other structure of any kind,
that, in the opinion of the sanitary authority in whose sanitary district it is situate, is or is likely to be dangerous to any person or property;

“the Minister” means the Minister for Local Government.

2. Powers of sanitary authorities in relation to dangerous places.

(1) A sanitary authority may, if they so think fit, as respects any dangerous place situate in their sanitary district—
(a) carry out, by their servants or agents, such works as will, in the opinion of the authority, prevent the place from being a dangerous place, or

(b) at the request of the owner (which word means, in this section and in sections 3, 7 to 10 and 18 of this Act, any person (other than a mortgagee not in possession) who is for the time being entitled to sell or otherwise dispose of the fee simple of the land in relation to which the word is used or any term of years for the time being subsisting in respect of the land of which the unexpired residue exceeds one year) who occupies or is entitled to occupy the place or from whom it is held by a person who is not the owner, either—
(i) carry out, by their servants or agents, the works aforesaid, and require such owner to make a payment towards the cost of the works of such amount as the authority may consider proper, or

(ii) contribute such amount as the authority may consider proper towards the cost of the carrying out of the works aforesaid by such owner,

and for such purposes may, by their servants or agents, enter on any land.

(2) Before proceeding under this section in relation to a place, a sanitary authority shall give a notice to the owner aforesaid of the place stating that the place is a dangerous place and that the authority intend to proceed under this section in relation thereto, specifying the works that, in the opinion of the authority, require to be carried out in relation to the place to prevent it from being a dangerous place and giving an estimate of the cost of such works.

(3) Whenever a sanitary authority give a notice under this section to any person, the authority shall, within seven days after giving the notice to the person, post a copy of the notice at or near the place to which it relates.

(4) Where a sanitary authority give a notice under this section in relation to any place—
(a) in case the notice is annulled by the District Court, under section 5 of this Act, the authority shall not proceed under this section in relation to the place,

(b) in case of any other determination of an application to the District Court under section 5 of this Act in relation to the notice, the sanitary authority shall not proceed under this section in relation to the place until the expiration of fourteen days, or such period as may be specified by the Court after the date of the determination, and

(c) in any other case, the authority shall not proceed under this section in relation to the place until the expiration of twenty-one days after the date of the giving of the notice.

(5) Subject to subsection (7) of this section, a sanitary authority may claim from the owner aforesaid of a place in respect of which they have carried out works pursuant to subparagraph (i) of paragraph (b) of subsection (1) of this section by demand in writing given to such owner, payment of such amount as may be determined by them under that subparagraph.

(6) Subject to subsection (7) of this section, where a demand is given to a person pursuant to subsection (5) of this section, the amount claimed in the demand together with interest, at the rate of five per cent per annum, from the date when the demand is given until payment shall, without prejudice to any other method of recovery, be recoverable by the sanitary authority from the person to whom it is given as a simple contract debt in any court of competent jurisdiction.

(7) Where the amount claimed in a demand given pursuant to subsection (5) of this section exceeds the amount of the estimate of the cost of the works to which the demand relates contained in a notice given under this section, the amount of the excess shall not be, recoverable by the sanitary authority under this section.

3. Powers of sanitary authorities in relation to dangerous structures.

(1) A sanitary authority may, if they so think fit, give a notice to the owner who occupies or is entitled to occupy a dangerous structure situate in their functional area or from whom it is held by a person who is not the owner and, if he can be ascertained by reasonable inquiry, to the occupier of the structure, requiring such owner, within such period specified in the notice as the authority may consider appropriate—
(a) to carry out such works (including the demolition of the structure or any part of it and the clearing and levelling of the site thereof) specified in the notice as will, in the opinion of the authority, prevent the structure from being a dangerous structure, to remove any debris and to erect a wall or barrier between any open area created by the works and any road, street or public place, and

(b) to terminate or modify any use of the structure or any part thereof,

and such owner, his servants or agents may carry out the works specified in the notice and may, for that purpose, enter on any land.

(2)
(a) If, in the opinion of a sanitary authority, it is necessary to do so in the interests of the safety of any person, the authority may, by their servants or agents carry out on a dangerous structure situate in their sanitary district such works (including the demolition of the structure or any part of it and the clearing and levelling of the site thereof) as will, in the opinion of the authority, prevent the structure from being a dangerous structure and for that purpose, the authority may, by their servants or agents, enter on any land.

(b) Where a sanitary authority enter or propose to enter on any land pursuant to paragraph (a) of this subsection for the purpose of carrying out works on a dangerous structure, they shall, as soon as may be, give to the owner aforesaid and, if he can be ascertained by reasonable inquiry, to the occupier, of the structure a notice stating that they have entered or propose to enter the land and specifying the works that they have carried out or propose to carry out thereon.

(3) A notice given by a sanitary authority under subsection (1) of this section may require that the carrying out of the works specified in the notice be commenced forthwith and that they be carried out in accordance with such conditions (if any) specified in the notice as the authority think appropriate and in such manner as may be specified in the notice.

(4) A person who having been served with a notice under subsection (1) of this section, does not comply with the terms of the notice shall be guilty of an offence and shall be liable on summary conviction to a [class C fine].

(5) Where a person upon whom a notice under subsection (1) of this section in relation to a dangerous structure has been served does not comply with the terms of the notice, the District Court may, on the application of the sanitary authority by whom the notice was given, by order—
(a)
(i) direct the person to carry out, within such time as the Court may consider reasonable and may specify in the order and in accordance with the terms of the notice, the works specified in the notice and authorise the sanitary authority to carry out the works aforesaid if the person does not comply with the provisions of the order, or

(ii) authorise the sanitary authority to carry out the works specified in the notice, and

(b) prohibit the use of the structure or any part of it or prohibit the use of the structure or any part of it for such purpose or purposes as may be specified in the order.

(6) Where a person does not comply with an order of the District Court under subsection (5) of this section, he shall be guilty of an offence and shall be liable on summary conviction to a [class C fine].

(7)
(a) Where any expenses or costs (including costs in relation to proceedings in the District Court under this section) incurred by a sanitary authority under this section in relation to a dangerous structure are not paid by the owner aforesaid of the structure within fourteen days after a demand in writing therefor has been given to him, the amount claimed in the demand together with interest, at the rate of five per cent per annum, from the date when the demand is given until payment may, without prejudice to any other method of recovery, be recovered from him—
(i) by the sale by the authority of any materials resulting from the works carried out by the authority in relation to the structure and the retention by them of so much of the proceeds of the sale as is equal to the amount of such expenses, or

(ii) as a simple contract debt in any court of competent jurisdiction.

(b) Any surplus moneys arising on a sale pursuant to subparagraph (i) of paragraph (a) of this subsection shall be paid by the authority holding the moneys to the owner of the structure, or, if there is more than one owner, to each owner in such proportions as the owners may agree, or (in default of agreement) as the District Court may, on the application of any such owner, determine.

(c) In making a determination under this subsection, the District Court shall have regard to the respective interests, obligations and liabilities in relation to the structure concerned of its owners.

(8)
(a) Where any costs or expenses incurred by a sanitary authority under this section in relation to a structure have not been paid, the District Court may, on the application of the authority, by order prohibit the repair or letting of the structure or the carrying out of any works on the site on which the structure stood, as the case may be, until payment to the authority of the amount due to the authority in respect of the expenses aforesaid and the costs of the application, and upon payment of the amount aforesaid, the order shall cease to be in force.

(b) A person who does not comply with an order of the District Court under this subsection shall be guilty of an offence and shall be liable on summary conviction to a [class C fine].

(c) A sanitary authority shall keep a register containing particulars of all orders from time to time made under this subsection in relation to structures in their sanitary district and shall keep the register open for inspection at all reasonable times and, if particulars of an order under this subsection are not entered in the appropriate register, within ten days after the date of the making of the order, the order shall cease to be of any force or effect.

(9)
(a) If, in the opinion of a sanitary authority, it is necessary to do so in the interests of the safety of any person, the authority may require the occupier of, or any person in, a dangerous structure or its curtilage or any structure or its curtilage in the vicinity to vacate the structure or its curtilage and to remove his property (if any) therefrom.

(b) If a person does not comply with a requisition of a sanitary authority under paragraph (a) of this subsection, the District Court may, on the application of the authority, by order direct the person to comply with the requisition within such period specified in the order as the Court may think reasonable.

(c) A person who does not comply with an order of the District Court under this subsection shall be guilty of an offence and shall be liable on summary conviction to a [class C fine].

(d) If, upon the making of an order under this subsection directing a person to comply with a requisition of a sanitary authority, the person does not comply with the requisition within the period specified in the order, officers of the authority may, using such force as may be necessary in the circumstances, enter the structure to which the requisition relates and remove the person and his property (if any) therefrom.

(e) A sanitary authority may request a member of the Garda Síochána to assist them in the exercise of their powers under paragraph (d) of this subsection and the member shall comply with the request.

(10) A sanitary authority may, if they so think fit—
(a) provide other living accommodation for an occupier of a dwelling who has left a dwelling in pursuance of a requisition under subsection (9) of this section,

(b) make a grant of such amount as they think proper to such occupier for the purpose of enabling him to obtain other living accommodation.

(11)
(a) A sanitary authority may, if they so think fit, make a grant of such amount as they think proper to any person who—
(i) on or after the 1st day of June, 1963, has left or leaves a dangerous structure at the request of the authority or in pursuance of a requisition under subsection (9) of this section,

(ii) immediately before such leaving carried on a trade or business in the structure, and

(iii) in the opinion of the authority, by reason of such leaving, has suffered or will suffer hardship.

(b) In determining the amount of a grant to a person under this subsection, a sanitary authority shall have regard to the length of the period during which the person carried on a trade or business in the structure in relation to which the grant is proposed to be made.

(12) Section 274 of the Public Health (Ireland) Act, 1878, shall not apply in relation to the exercise by a sanitary authority of any powers conferred on them by this section.

4. Abstraction of water by sanitary authorities from reservoirs of the Electricity Supply Board.

(1) A sanitary authority and the Board may enter into an agreement (in this section referred to as a water agreement) whereby the sanitary authority may abstract and the Board may permit the authority to abstract from a reservoir, upon such terms and subject to such conditions as may be specified in the agreement, water impounded by the Board in the reservoir.

(2) Whenever the Minister, upon the request of a sanitary authority and after consultation with the Minister for Transport and Power and the Minister for Lands, so thinks fit and so directs, the sanitary authority and the Board shall enter into a water agreement containing such terms and conditions as may be determined by the Minister after consultation with the Minister for Transport and Power and the Minister for Lands.

(3) A water agreement shall be deemed, for the purposes of the Public Health (Ireland) Act, 1878, to be a contract for the supply of water made by the sanitary authority concerned with the Board under section 61 of that Act and, accordingly, the provisions of that Act (other than sections 35 and 36) relating to the supply of water by a sanitary authority and the purchase of land by a sanitary authority shall apply and have effect (subject to the modifications mentioned in this section) in relation to the execution of the necessary waterworks and the carrying out of the agreement by the sanitary authority.

(4) For the purposes of the application of the provisions aforesaid of the Public Health (Ireland) Act, 1878, to the execution of the waterworks required for the carrying out of a water agreement and to the carrying out in other respects of the agreement, the following modifications of the said provisions shall have effect, that is to say:
(a) the period of one month shall be substituted for the period of two months mentioned in section 63 of the said Act, and

(b) “water mains” shall be construed in section 64 of the said Act as including aqueducts, conduits, culverts and tunnels for conveying water for the purposes of a water supply.

(5)
(a) A sanitary authority shall not enter into a water agreement without the consent of the Minister.

(b) Before deciding whether to grant or withhold his consent to the entry by a sanitary authority into a water agreement, the Minister shall consult with the Minister for Lands, and in so deciding, the Minister shall have regard to any liability of the Board to discharge water from the reservoir to which the agreement relates into the river on which the reservoir stands down stream of the reservoir.

(6) Where a sanitary authority propose to enter into a water agreement, the authority shall, at least one month before doing so, publish in a newspaper circulating in their sanitary district and in a newspaper circulating in the sanitary district in which is situate the reservoir to which the proposed agreement relates a notice stating—
(a) their intention to enter into the agreement,

(b) the place at which it is proposed to abstract water from the reservoir,

(d) the purpose for which it is proposed to abstract water, and

(e) the nature of any works proposed to be carried out in pursuance of the agreement.

(7) Where a water agreement has been entered into, section 13 of the Water Supplies Act, 1942, in so far as it enables a sanitary authority to take in accordance with a proposal under section 2 of that Act a supply of water from the source of water to which the proposal relates, section 14 (other than subsections (2) and (3)) and sections 15 and 16 of that Act shall apply and have effect as if the water agreement were a proposal under the said section 2 subject to the modifications that an application under the said section 14 shall not be made after the expiration of two years from the date on which the water agreement comes into force and that compensation for damage shall not be paid by a sanitary authority under that Act if compensation for such damage has been paid by the Board.

(8) Compensation for damage shall not be paid by the Board if compensation for such damage has been paid by a sanitary authority under the Water Supplies Act, 1942.

(9) Subject to subsection (7) of this section, the Water Supplies Act, 1942, shall not apply in relation to the abstraction by a sanitary authority of water impounded in a reservoir by the Board.

(10) In this section “the Board” means the Electricity Supply Board.

5. Application to District Court to annul notice under section 2.

(1) Any person aggrieved by a notice under section 2 of this Act may, not later than twenty-one days after the date of the giving of the, notice, apply to the District Court for the annulment of the notice and—
(a) in case the Court is of opinion that no part of the place to which the notice relates is an excavation, quarry, pit, well, reservoir, pond, stream, dam, bank, dump, shaft or land that is or is likely to be dangerous to any person, it shall by order annul the notice,

(b) in case the Court is of opinion that part only of the place is an excavation, quarry, pit, well, reservoir, pond, stream, dam, bank, dump, shaft or land that is or it likely to be dangerous to any person, it shall, by order, either annul the notice, or, with the consent of the sanitary authority by whom the notice was given, amend the notice by restricting its application to the part of the place that is, in the opinion of the Court, an excavation, quarry, pit, well, reservoir, pond, stream, dam, bank, dump, shaft or land that is or is likely to be dangerous to any person, and thereupon the notice as so amended shall be deemed, for the purposes of this Act, to be the notice under the said section 2, and

(2) If an application under this section is withdrawn, the withdrawal shall be deemed to be the determination of the application and the application shall be deemed, for the purposes of this Act, to have been dismissed.

(3) A decision of the District Court under this section shall be final and unappealable.

6. Power to acquire land which is or was a dangerous place.

A sanitary authority may acquire by agreement or compulsorily any land situate in their sanitary district that is a dangerous place or that has ceased, by reason of the carrying out of works under this Act by the authority, to be a dangerous place.

7. Notice of intention to acquire land compulsorily under section 6.

(1) A sanitary authority intending to acquire any land compulsorily under section 6 of this Act shall—
(a) deposit in their offices a map or plan of the land and keep the map or plan open for inspection at reasonable times,

(b) publish a notice stating their intention to acquire the land compulsorily under this Act in a newspaper circulating in the district in which the land is situate,

(d) give a copy of the notice referred to in paragraph (c) of this subsection to—
(i) every (if any) occupier of the land, and

(ii) every (if any) owner of the land, whose name and the address at which he ordinarily resides can be ascertained by the sanitary authority by reasonable inquiries.

(2) The notices referred to in subsection (1) of this section—
(a) shall be in such form as may be prescribed by the Minister by regulations under section 19 of this Act,

(b) shall, if they do not contain a map or plan of the land to which they refer, state that a map or plan of the land is deposited in the offices of the sanitary authority and is made available for inspection at reasonable times,

(c) shall state that an objection by any occupier or owner of the land to the acquisition of the land may be submitted to the sanitary authority, and

(d) shall state the time within which an objection aforesaid may be submitted to the sanitary authority.

8. Objection to compulsory acquisition.

(1) The occupier or any owner of land in respect of which a notice under paragraph (b) of subsection (1) of section 7 of this Act has been published by a sanitary authority may, within one month after the date of the publication of the notice, submit to the authority an objection to the proposed compulsory acquisition referred to in the notice.

(2) An objection to the proposed compulsory acquisition of any land may be withdrawn by the person who submitted it by notice in writing sent to the sanitary authority or to the Minister.

(3) Where in relation to the proposed compulsory acquisition of any land by a sanitary authority an objection is submitted to the authority in accordance with subsection (1) of this section and is not withdrawn, the land shall not be acquired compulsorily by the authority without the consent of the Minister.

(4) An application by a sanitary authority for the consent of the Minister to the compulsory acquisition of any land under this Act shall be accompanied by—
(a) a copy of the newspaper containing the notice referred to in paragraph (b) of subsection (1) of section 7 of this Act,

(b) a copy of the notice referred to in paragraph (c) of the said subsection (1),

(d) a copy of any objection submitted to the sanitary authority in pursuance of this section in relation to the compulsory acquisition and not subsequently withdrawn,

and the authority shall furnish to the Minister such other information in relation to the compulsory acquisition of the land as the Minister may require.

(5) On an application under subsection (4) of this section in relation to any land referred to in a notice published by a sanitary authority under paragraph (b) of subsection (1) of section 7 of this Act—
(a) if the Minister is of opinion that no part of the land consists of an excavation, quarry, pit, well, reservoir, pond, stream, dam, bank, dump, shaft or land that is or is likely to be dangerous to any person or that has ceased, by reason of work carried out by the sanitary authority under paragraph (a) of subsection (1) of section 2 of this Act, to be or to be likely to be dangerous to any person, he shall refuse to grant his consent to the compulsory acquisition of the land by the authority,

(b) if the Minister is of opinion that the whole of the land consists of an excavation, quarry, pit, well, reservoir, pond, stream, dam, bank, dump, shaft or land that is or is likely to be dangerous to any person or that has ceased, by reason of work carried out by the sanitary authority under paragraph (a) of subsection (1) of section 2 of this Act, to be or to be likely to be dangerous to any person, he may grant his consent to the compulsory acquisition of the land by the sanitary authority, and

(c) if the Minister is of opinion that part only of the land consists of an excavation, quarry, pit, well, reservoir, pond, stream, clam, bank, dump, shaft or land that is or is likely to be dangerous to any person or that has ceased, by reason of work carried out by the sanitary authority under paragraph (a) of subsection (1) of section 2 of this Act, to be or to be likely to be dangerous to any person, he may grant his consent to the compulsory acquisition of that part of the land by the sanitary authority and he shall refuse to grant his consent to the compulsory acquisition of the remainder of the land by the authority,

(d) notwithstanding anything contained in the preceding part of this subsection, if the Minister is of opinion that the provisions of section 7 of this Act have not been complied with by the sanitary authority in relation to the land or any part thereof, he shall refuse to grant his consent to the compulsory acquisition of the land or the part, as the case may be, by the sanitary authority.

9. Vesting order.

(1) Where, in relation to any land in respect of which the provisions of section 7 of this Act have been complied with by a sanitary authority—
(a) no objection is submitted to the authority in accordance with section 8 of this Act,

(b) any objection which is submitted as aforesaid is subsequently withdrawn,

(d) at any time, not being less than three months after—
(i) the making of any order by any court for the payment of a sum due to the authority under section 2 of this Act, or

(ii) in the case of an appeal against the order aforesaid, the final determination of the appeal, any sum (including any sum in respect of costs) remains due to the authority on foot of the order aforesaid,

the authority may by order (in this Act referred to as a vesting order) acquire the land.

(2) Where a sanitary authority, before making a vesting order, become aware that the land to be acquired by the order is subject (whether alone or in conjunction with other land) to any annuity or other payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, or to any charge for estate duty or succession duty payable to the Revenue Commissioners on the death of any person, the authority shall forthwith inform the Irish Land Commission, the Commissioners of Public Works in Ireland or the Revenue Commissioners, as the case may be, of the intention to make the order.

(3) Whenever a sanitary authority make a vesting order, they shall within fourteen days after making the order—
(a) post a notice containing a copy of the order on or near the land, and

(b) give a copy of the order to every (if any) occupier of the land and to every (if any) owner of the land whose name and the address at which he ordinarily resides can be ascertained by the sanitary authority by reasonable inquiries.

10. Form and effect of vesting orders and registration of title acquired thereunder under the Registration of Title Acts, 1891 and 1942.

(1) Every vesting order by which a sanitary authority acquire any land under this Act shall be in the form prescribed by the Minister by regulations under section 19 of this Act and shall be expressed and shall operate to vest the land in the sanitary authority in fee simple free from incumbrances and all estates, rights, titles and interests of whatsoever kind on a specified date not earlier than seven days after the making of the order.

(2) Notwithstanding anything contained in subsection (1) of this section, where a sanitary authority have acquired under this Act by a vesting order land which is subject, either alone or in conjunction with other land, to a purchase annuity, payment in lieu of rent, or other annual sum (not being merely a rent under a contract of tenancy) payable to the Irish Land Commission or to the Commissioners of Public Works in Ireland, the authority shall become and be liable, as from the date on which the land is vested in them by the vesting order, for the payment to the Irish Land Commission or to the Commissioners of Public Works in Ireland, as the case may be, of the purchase annuity, payment in lieu of rent or annual sum or such portion thereof as shall be apportioned by the Irish Land Commission or by the Commissioners of Public Works in Ireland, as the case may be, on the land as if the land had been transferred to the authority by the owner thereof on that date.

(3) When a sanitary authority make a vesting order under this Act in relation to any land, they shall send the order together with a map of the land to the registering authority under the Registration of Title Acts, 1891 and 1942, and thereupon the registering authority shall, subject to the provisions of those Acts and upon payment of the appropriate fee chargeable thereunder, cause the sanitary authority to be registered under those Acts as owner of the land in accordance with the order.

11. Compensation.

(1) Where, immediately before a vesting order is made by a sanitary authority under this Act, any person has any estate or interest in or right in respect of the land acquired by the order, the person may apply to the authority not later than twelve months after the making of the order for compensation in respect of the estate, interest or right, and the authority shall, subject to subsections (3) and (4) of this section, thereupon pay to the person by way of compensation an amount equal to the value (if any) of the estate, interest or right.

(2) The compensation to be paid by a sanitary authority under this section in respect of any estate or interest in or right in respect of land shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act, 1919, as amended, but the amount of the compensation shall, subject to subsections (3) and (4) of this section, on such arbitration, be determined in accordance with the Rules contained in Part I of the Third Schedule to the Housing (Miscellaneous Provisions) Act, 1931.

(3) In determining the amount of compensation payable to a person under this section by a sanitary authority in relation to any land, regard shall be had to any expenditure incurred by the authority under section 2 of this Act in relation to the land.

(4) Where, after the making of a vesting order by a sanitary authority under this Act in relation to any land, any sum (including any sum for costs) remains due to the authority by any person on foot of an order of any court for payment of an amount due to the authority under section 2 of this Act—
(a) if the sum aforesaid is less than the amount of the compensation payable to the person under this section, the amount of the compensation shall be reduced by the amount of the sum, and

(b) if the sum aforesaid is not less than the amount of the compensation aforesaid, the compensation shall not be payable.

12. Improvement of land acquired under this Act.

Whenever a sanitary authority have acquired any land under this Act, they shall with all convenient speed take such steps as may be necessary to prevent injury to health or to the amenities of the neighbourhood being occasioned by the land and for that purpose may clear, level, drain, fence and otherwise improve and develop the land and, if the land is a dangerous place, shall carry out such works as will, in their opinion, prevent it from being a dangerous place.

13. Use of land acquired under this Act.

(1) A sanitary authority may use any land acquired by them under this Act for any purpose connected with their powers and duties.

(2) Where the whole or any part of any land acquired under this Act is at any time not required by the sanitary authority by whom it was acquired, the authority may, with the consent of the Minister, sell, let or exchange the whole or that part (as the case may be) of the land.

(3)
(a) Where a sanitary authority acquire any land under this Act, the authority may, with the consent of the Minister, by order transfer the land to another sanitary authority or, if the land is situate in a town having Town Commissioners under the Towns Improvement (Ireland) Act, 1854, to the Commissioners of the town and the order shall operate in accordance with its terms as a conveyance of the land but shall not require to be stamped as a conveyance or transfer of property.

(b) A transfer shall not be made under this subsection without the consent of the sanitary authority or of the Commissioners to whom it is proposed to make the transfer.

(4) Where any land is transferred under subsection (3) of this section, subsections (1) and (2) of this section and the next following section shall apply and have effect as if the sanitary authority or Commissioners to whom it is transferred were a sanitary authority who had acquired the land under this Act.

14. Application of sum received from sale or lease of land acquired under this Act.

Every sum received by a sanitary authority in respect of the sale or lease of land acquired by them under this Act shall be applied by the authority for the purpose of their powers and duties in such manner as the authority, with the consent of the Minister, think proper.

15. Power to require information as to ownership of dangerous places and dangerous structures.

A sanitary authority may, for the purpose of enabling them to ascertain the ownership of a dangerous place or dangerous structure, give any person who is the occupier of the place or structure or who, either directly or indirectly, receives rent in respect of the place or structure, a notice in writing requiring him to state in writing the nature of his own interest therein and the name and address of any other person known to him as having an interest therein, whether as owner in fee simple, mortgagee, lessee or otherwise, and any person who, having been required by a sanitary authority by a notice in writing given in pursuance of this section to give to them any information, fails to give them that information, or knowingly makes any misstatement in respect thereof, shall be guilty of in offence under this section and shall be liable on summary conviction thereof to a [class E fine].
16. Inspection of land.
(1) A person appointed by the Minister or by a sanitary authority to be an authorised officer for the purposes of this Act may enter and inspect any land for the purposes of obtaining any information which the Minister or the authority, as the case may be, may require for the purposes of this Act.

(2) A person who obstructs or interferes with an authorised officer when he is exercising a power conferred by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a [class C fine].

(3) An authorised officer shall be furnished by the Minister or the sanitary authority, as the case may be, with a certificate of his appointment as an authorised officer and when exercising any power conferred by this Act shall, if requested by any person affected, produce the certificate to the person.

17. Penalty for obstruction.

A person who obstructs or interferes with—
(a) the exercise by a sanitary authority of power vested in them under or by virtue of this Act, or

(b) the compliance by any person with the provisions of this Act or of any notice thereunder,

shall be guilty of an offence under this section and shall be liable on summary conviction to a [class C fine].

18. Giving of documents under this Act.

(1) Where any document is required or authorised by this Act to be given by a sanitary authority to a person, the document shall be addressed to the person and shall be given to him by one of the following ways, that is to say.
(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides, or if it is a notice under section 3 of this Act, by affixing it to the dangerous structure to which it relates, or

(c) by sending it by post in a prepaid registered letter addressed to the person at the address at which he ordinarily resides.

(2) Where the owner of the place or structure to which a notice under section 2 or 3 of this Act relates cannot be ascertained or found by reasonable inquiry, the notice may be given to the owner by posting it at or near the place or structure.

(3) For the purpose of giving, in pursuance of this Act, a document to a company registered under the Companies Act, 1963, the company shall be deemed to be ordinarily resident at its registered office.

(4) For the purpose of giving, in pursuance of this Act, a document to a corporate body (other than any such company as is mentioned in subsection (3) of this section) or to an unincorporated body, the body shall be deemed to be ordinarily resident at its principal office or place of business.

19. Regulations.

(1) The Minister may make regulations for the purposes of this Act.

(2) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the regulation is passed by either House within the next twenty-one days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

20. Saving for national monuments.

Nothing in this Act shall restrict, prejudice or affect the powers or duties of the Minister for Finance, the Commissioners of Public Works in Ireland, or any low authority under the National Monuments Acts, 1930 and 1954, in relation to national monuments as defined by those Acts or any particular such monument.

21. Expenses of the Minister.

The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

22. Repeals.

The enactments mentioned in the Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.

23. Short title, construction and collective citation.
(1) This Act may be cited as the Local Government (Sanitary Services) Act, 1964.

(2) This Act shall be construed as one with the Local Government (Sanitary Services) Acts, 1878 to 1962.

(3) The Local Government (Sanitary Services) Acts, 1878 to 1962, and this Act may be cited together as the Local Government (Sanitary Services) Acts, 1878 to 1964.

Dangerous Buildings

Public Health Acts Amendment Act 1890

3. Adoption of Act by local authorities

4. Expenses of local authority

5. Power to Local Government Board to extend Act to rural districts

6. Legal proceedings, &c.

7. Appeals to quarter sessions

9. Byelaws

12. Application of Act to Ireland

21. Sanitary conveniences used in common

34. Hoards to be set up during progress of buildings, &c.

35. As to repair of cellars under streets

36. Means of ingress to and egress from places of public resort

37. Safety of platforms, &c. erected or used on public occasions

41. Adoption of private streets

50. Application of Act in rural districts

Public Health Acts Amendment Act 1907

3. Applications of Parts or section of Act

5. Enquiries by Local Government Board

6. Legal proceedings, &c.

7. Appeals to quarter sessions, &c.

9. Byelaws

10. Compensation, how determined

11. Powers of Act cumulative

12. Crown rights

13. Interpretation

14. Application of Act to Ireland

20. Recovery of damages caused to footways by excavations

30. Dangerous places to be repaired or enclosed

31. Fencing lands adjoining streets

32. Hoards to be securely erected

35. As to nuisances

37. Water or stack pipes not to be used as ventilating shafts

51. Power to declare a business to be an offensive business

79. Dangerous riding and driving

81. Extending definition of public place and street for certain purposes

83. Byelaws as to promenades

Part X Miscellaneous

Local Government (Sanitary Services) Act 1964

1. Definitions.

2. Powers of sanitary authorities in relation to dangerous places.

3. Powers of sanitary authorities in relation to dangerous structures.

4. Abstraction of water by sanitary authorities from reservoirs of the Electricity Supply Board.

5. Application to District Court to annul notice under section 2.

6. Power to acquire land which is or was a dangerous place.

7. Notice of intention to acquire land compulsorily under section 6.

8. Objection to compulsory acquisition.

9. Vesting order.

10. Form and effect of vesting orders and registration of title acquired thereunder under the Registration of Title Acts, 1891 and 1942.

11. Compensation.

12. Improvement of land acquired under this Act.

13. Use of land acquired under this Act.

14. Application of sum received from sale or lease of land acquired under this Act.

15. Power to require information as to ownership of dangerous places and dangerous structures.

17. Penalty for obstruction.

18. Giving of documents under this Act.

19. Regulations.

20. Saving for national monuments.

21. Expenses of the Minister.

22. Repeals.

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