Public Health
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.
(c) Where Part Four is adopted, to a Secretary of State.
(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;
(c) By any conviction or order of a court of summary jurisdiction under any provision of 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
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;
(c) By any conviction or order of a court of summary jurisdiction under any provision of 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 1948
An act to amend and extend the Public Health Acts, 1878 to 1931.
[14th January, 1948.]
Part I Preliminary And General
1. Short title, construction and collective citation.
(1) This Act may be cited as the Local Government (Sanitary Services) Act, 1948.
(2) This Act shall be construed as one with the Public Health Acts, 1878 to 1931.
(3) The Public Health Acts, 1878 to 1931, and this Act may be cited together as the Local Government (Sanitary Services) Acts, 1878 to 1948.
2. Definitions.
(1) In this Act—
the expression “the Act of 1878” means the Public Health (Ireland) Act, 1878;
the expression “the Acts” means the Local Government (Sanitary Services) Acts, 1878 to 1948.
the word “enactment” includes any instrument made under an Act;
the expression “the Minister” means the Minister for Local Government;
the expression “temporary dwelling” means any—
(a) tent, or
(b) van or other conveyance (whether on wheels or not), or
(c) shed, hut or similar structure, or
(d) vessel on inland waters,
used for human habitation or constructed or adapted for such use;
the word “vessel” includes any ship, boat, barge or lighter.
(2) A reference in this Act to contravention of any provision includes, where appropriate, a reference to contravention of that provision by failing or refusing to comply therewith.
3. Commencement.
This Act (except section 34) shall come into operation on such day or days as, by order or orders made by the Minister under this section, may be fixed therefor or either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.
4. Repeals.
The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.
6. Continuation of existing regulations and bye-laws.
Every regulation or bye-law which was made under an enactment repealed by this Act and which was in force immediately before such repeal shall, upon and after such repeal, be deemed to be a regulation or bye-law (as the case may be) made under the appropriate section of this Act and shall have effect and be capable of being amended or revoked accordingly.
7. Laying of regulations before Houses of Oireachtas.
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 such House within the next subsequent twenty one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.
8. Revocation or amendment of order made by the Minister under this Act.
Every power conferred by this Act on the Minister to make any order shall be construed as including a power to revoke or amend any order made under such power and to make another order in lieu of any order so revoked.
9. 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.
Part IV Temporary Dwellings and Use of Land for Camping
30. Bye-laws in respect of use of temporary dwellings.
(1) A sanitary authority may make bye-laws regulating the use of temporary dwellings in their sanitary district and the bye-laws may, in particular, provide for all or any of the matters mentioned in the Second Schedule to this Act.
(2) Bye-laws under this section may make provision in respect of the use in coastal waters adjoining a sanitary district of vessels which are used primarily for human habitation as if the coastal waters were inland waters in the sanitary district.
(3) […]
31. Prohibition by sanitary authority of temporary dwellings.
(1) A sanitary authority may by order prohibit the erection or retention of temporary dwellings on any land or water in the sanitary district if they are of opinion that such erection or retention would be prejudicial to public health or the amenities of the locality or would interfere to an unreasonable extent with traffic on any road.
(2) A prohibition under this section may relate either to specified land or water or all land or water of a specified class and, in particular, may relate to all land or water within a specified distance of the centre line of any road or a specified road.
(3) Where a person is aggrieved by an order under this section—
(a) such person may, within fourteen days after a copy of the order is published pursuant to subsection (9) of this section, send to the Minister an application in writing (which shall include a statement of the reasons therefor) for the annulment of the order,
(b) the Minister, after consideration of the application and such representations in regard thereto as the sanitary authority concerned may think fit to make, may either annul the order, confirm the order without variation or confirm the order with variations by way of reduction of the land or water to which it relates.
(4) A person who erects or retains a temporary dwelling in contravention of an order in force under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a [class C fine] and, in the case of a continuing offence, to a further [class E fine] for each day on which the offence is continued.
(5) Where a person is convicted on a second or subsequent occasion of an offence under this section in relation to the same temporary dwelling, the Court may, in addition to or in lieu of imposing a fine, order the forfeiture of the temporary dwelling to the sanitary authority concerned and thereupon that authority may take possession of the temporary dwelling and dispose of it by sale, destruction or otherwise as they think fit.
(6) A prohibition under this section may be made in respect of the retention in coastal waters adjoining a sanitary district of vessels which are used primarily for human habitation as if the coastal waters were inland waters in the sanitary district.
(7) Where any coastal waters adjoin two or more sanitary districts, the Minister may by order provide that, for the purposes of subsection (6) of this section, the whole or a specified part of the coastal waters shall be regarded as adjoining any one of the sanitary districts and no other, and the said subsection (6) shall have effect accordingly.
(8) An order under this section shall come into force—
(a) if no application is made for the annulment of the order—thirty days after a copy of the order is published pursuant to subsection (9) of this section, and
(b) if an application is made for the annulment of the order and the order is not annulled thereon—fourteen days after the determination of the application.
(9) Where a sanitary authority make an order under this section, they shall, within fourteen days after the order is made, cause to be published, in a daily newspaper circulating in their sanitary district, a copy of the order and a statement of the right conferred by this section to apply for the annulment of the order.
(10) Where an order under this section has come into force, the sanitary authority who made the order shall, within fourteen days after the order has come into force, cause to be published, in a daily newspaper circulating in their sanitary district, a copy of the order (as made by the sanitary authority or as confirmed by the Minister, whichever is appropriate) and a statement that it has come into force.
32. Nuisances in relation to temporary dwelling.
(1) If a temporary dwelling is in such a state as to be a nuisance or injurious to health or if the use of a temporary dwelling, whether by reason of the absence of proper sanitary conveniences, overcrowding or other cause, gives rise to a nuisance or conditions injurious to health, the temporary dwelling shall be deemed to be a nuisance within the meaning of section 107 of the Act of 1878 and the provisions of that Act relating to nuisances shall apply accordingly and for that purpose the person in charge of the temporary dwelling shall be regarded as the occupier thereof.
(2) Where a temporary dwelling is deemed pursuant to this section to be a nuisance, a notice requiring the abatement of the nuisance may, without prejudice to the liability of the person in charge of the dwelling, be served under section 110 of the Act of 1878 on the occupier of the site of the temporary dwelling and proceedings for the abatement of the nuisance may be taken against such occupier.
33. Extension of powers of court in certain proceedings.
(1) The powers of a court before which proceedings are brought in respect of—
(a) a nuisance in relation to a temporary dwelling, or
(b) a contravention in relation to a temporary dwelling or vessel in coastal waters of a bye-law made under this Part of this Act,
shall include power to make an order prohibiting or restricting the erection or retention of the temporary dwelling or vessel at such places or within such area as may be specified in the order.
(2) A person who contravenes an order made by virtue of this section, or who, being the occupier of land, permits such a contravention to take place on that land, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a [class C fine] and, in the case of a continuing offence, to a further [class E fine] for each day on which the offence is continued.
34. Use of land for camping.
(1) This section shall come into operation as provided by the orders made under subsection (2) of this section.
(2) The Minister may by order provide that this section shall come into operation in a specified sanitary district or part of a sanitary district on a specified day.
(3) An order under subsection (2) of this section shall be published by the sanitary authority for the sanitary district to the whole or part of which the order relates in such manner as the Minister directs.
(4) A sanitary authority may, if they so think fit, but subject to the provisions of subsection (5) of this section, grant to the occupier of land, being land within their sanitary district or the part thereof as respects which this section is in operation, or, with the consent of such occupier to a camping organisation a licence authorising the use during a specified period of twelve consecutive months of such land for camping.
(5) Before granting a licence under this section in relation to land situated within an area to which Part IV of the Tourist Traffic Act, 1939 (No. 24 of 1939) applies, a sanitary authority shall consult with the Irish Tourist Board.
(6) Where a licence is granted under this section by a sanitary authority in relation to land, the sanitary authority shall attach to the licence specified conditions with respect to all of the following matters:
(a) the maximum number of temporary dwellings to be kept on the land at the same time,
(b) the manner in which the land is to be laid out,
(c) the nature, external appearance and size of the temporary dwellings to be kept on the land,
(d) the space to be kept free between any two temporary dwellings on the land or between a temporary dwelling on the land and any other structure thereon,
(e) the distance to be maintained between any temporary dwelling on the land and any public road,
(f) water supply,
(g) sanitary conveniences,
(h) disposal of filth, refuse, litter or other débris,
(i) means of ingress, egress and internal communication,
(j) orderly and decent behaviour by the inhabitants of temporary dwellings on the land,
(k) the securing of healthy conditions and the preserving of amenities,
(l) the supervision of temporary dwellings on the land (including, where necessary in the opinion of the sanitary authority, the employment of a warden for that purpose),
(m) the keeping and production for inspection by officers of the sanitary authority granting the licence of records with respect to temporary dwellings on the land.
(7) A licence granted by a sanitary authority under this section shall come into force—
(a) if no objection to such grant has been made under subsection (8) of this section during fifteen days after such grant—at the expiration of the said fifteen days, and
(b) if an objection has been so made during the said fifteen days and such licence is not directed to be withdrawn—on the decision of such objection.
(8) Any person who is aggrieved by—
(a) the grant or refusal by a sanitary authority of a licence under this section, or
(b) a condition attached by a sanitary authority to a licence under this section
may object to such grant, refusal or condition by giving notice in that behalf to the Minister within fifteen days of the day on which notice was given by the sanitary authority to the applicant for the licence that the licence was granted or refused (as the case may be), and the notice shall be in writing and shall contain a statement of the grounds of such objection.
(9) Where a notice of objection in relation to a grant of or a refusal to grant a licence under this section or to a condition attached to any such licence is given under this section, the Minister, after consideration of the objection and after consultation with the sanitary authority concerned, shall either reject the objection or direct the sanitary authority (who shall comply with such direction) to withdraw the licence granted or to grant the licence refused or to vary in a specified manner the condition objected to (as may be appropriate).
(10) Subject to subsection (12) of this section, the occupier of land shall not use the land for camping, or permit it to be so used, on more than—
(a) eighteen consecutive days, or
(b) thirty-six days within a period of twelve consecutive months,
unless a licence is in force under this section relating to the land.
(11) Subject to subsection (12) of this section, the holder of a licence under this section shall comply with every condition attached to the licence.
(12) Nothing in this section shall prohibit or restrict the use of land for camping—
(a) if the land is agricultural land and the camping is carried on during the same seasons in each year by persons engaged in farming operations on the land, or
(b) if the land is occupied in connection with a permanent dwelling situate on or in the vicinity of such land, and the camping is carried on by no persons other than the occupier of the permanent dwelling and members of his household.
(13) A person who contravenes subsection (10) or (11) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a [class C fine] and, in the case of a continuing offence, to a further [class E fine] for each day on which the contravention is continued.
(14) For the purposes of this section, land (in this subsection referred to as the site) which is the site of a temporary dwelling and all land which is within one hundred yards of the site and of which the occupier is the occupier of the site shall be land used for camping.
(15) Subsection (14) of this section shall not be construed as preventing the keeping of a temporary dwelling on a site which is on land to which a licence under this section relates and which is within one hundred yards of any boundary of that land.
(16) For the purposes of this section—
(a) the owner of land which is not let shall be deemed to be the occupier thereof;
(b) if a temporary dwelling is removed from the site on which it stands, but within forty-eight hours is brought back to the same site or another site within one hundred yards thereof, then for the purpose of reckoning any such period of eighteen consecutive days as is mentioned in subsection (10) of this section, it shall be deemed not to have been removed;
(c) the expression “camping organisation” means an organisation recognised by the Minister as a camping organisation.
41. Bye-laws in respect of public bathing.
(1) A sanitary authority may make bye-laws for the regulation of public bathing within their sanitary district or in coastal waters adjoining their sanitary district, and the bye-laws may, in particular, provide for all or any of the matters mentioned in the Third Schedule to this Act.
Part VII Miscellaneous
49. Obstructions in rivers and watercourses.
A sanitary authority may take such steps as are reasonably necessary to prevent injury being caused to public health or the amenities of any locality by reason of obstructions in any river or watercourse.
50. General expenses and special expenses of rural sanitary authority.
(1) Expenses (other than expenses to which an order under subsection (2) of this section relates or expenses declared by or under the Acts, to be private improvement expenses) incurred by the council of a county as the rural sanitary authority of a county health district or which are to be raised and defrayed as if they had been so incurred shall be charged on the whole of such county health district.
(2) The Minister, on the application of the council of a county as the rural sanitary authority of a county health district, may by order provide that the whole or a part of any expenses incurred by such council as such authority for a particular purpose shall be charged on a particular part only of such district.
(3) Expenses to which subsection (1) of this section relates shall be known as general expenses and expenses to which an order under subsection (2) of this section relates shall be known as special expenses.
(4) Every reference to special expenses contained in any enactment which is in force at the commencement of this section and which relates to sanitary authorities shall be construed as a reference to expenses to which an order under subsection (2) of this section relates.
(5) The making of an application under subsection (2) of this section shall be a reserved function for the purposes of the County Management Acts, 1940 and 1942.
51.
The provisions of section 29 of the Act of 1878 shall apply where a person causes a building to be newly erected over a sewer of a rural sanitary authority or over a water main of an urban or rural sanitary authority in like manner as they apply where a person causes a building to be newly erected over a sewer of an urban sanitary authority.
52. Onus of proof.
In any prosecution for an offence under this Act, it shall not be necessary to negative by evidence any permit, licence or exemption under this Act or under any regulations under this Act, and the onus of proving any such permit, licence or exemption shall be on the person seeking to avail himself thereof.
53. General application of Part III of Public Health Acts Amendment Act, 1890.
Notwithstanding anything contained in the Public Health Acts Amendment Act, 1890, the whole of Part III of that Act (except sections 28 and 32 repealed by the Health Act, 1947, and sections 19 and 49 repealed by this Act) shall have effect in every sanitary district, whether rural or urban, without being adopted under that Act therein.
54. General application of Parts II, III, V, VI and X of Public Health Acts Amendment Act, 1907.
Notwithstanding anything contained in the Public Health Acts Amendment Act, 1907—
(a) Parts II, III, V, VI and X of that Act (except section 50 repealed by the Health Act, 1947, and sections 34, 75, 92 and 93 repealed by this Act) shall have effect in every sanitary district, whether rural or urban without being declared under that Act to be in force therein,
(b) any reference in Part III of that Act to the medical officer shall be construed as a reference to the appropriate district medical officer under section 73 of the Health Act, 1947, and
(c) any reference in Part III of that Act to the inspector of nuisances shall be construed as a reference to any officer of the local authority to whom the Minister, or the local authority with the consent of the Minister, may assign the duty of acting as inspector of nuisances.
55. Restriction of application of section 251 of Act of 1878.
Section 251 of the Act of 1878 shall not apply in relation to a prosecution by the Minister or a sanitary authority of an offence under any section of this Act.
Second Schedule Matters For Which Provision May be Made by Bye-Laws In Respect Of The Use Of Temporary Dwellings.
L–515
Second Schedule Matters For Which Provision May be Made by Bye-Laws In Respect Of The Use Of Temporary Dwellings.
1.
The securing of the habitable condition of temporary dwellings and the cleanliness of temporary dwellings and their surroundings.
2.
The prevention of injury to the amenities of any locality by reason of filth, refuse, litter or other dÕbris or noise from temporary dwellings.
3.
The securing of orderly and decent behaviour by the inhabitants of temporary dwellings.
4.
The prevention of nuisances in relation to temporary dwellings.
Third Schedule Matters For Which Provision May be Made by Bye-Laws in Respect Of Public Bathing.
1.
The prohibition of public bathing except in specified areas.
2.
The prohibition of public bathing within specified hours applicable either generally or in respect of one or more than one specified area.
3.
The prohibition of erecting bathing huts or tents except in specified places.
4.
The regulation of the manner in which bathing machines, huts, or tents may be used and the charges which may be made for their use.
5.
The regulation of the conduct of persons resorting to any area allotted for public bathing during the hours allowed for public bathing.
6.
The regulation, so far as decency requires, of the costumes worn by bathers and persons exposing their bodies to sun or air.
7.
The reservation of areas for bathing by males.
8.
The reservation of areas for bathing by boys under eight years of age and females.
9.
The reservation of areas for undressing and dressing by males.
10.
The reservation of areas for undressing and dressing by boys under eight years of age and females.
11.
The regulation, so far as is necessary for preventing danger or annoyance to bathers, of the navigation of pleasure craft within or in the neighbourhood of any area allotted for public bathing during the hours allowed for public bathing.
Fourth Schedule Matters For Which Provision May be Made, by Bye-Laws In Respect Of A Swimming Bath Or Bathing Place Not Maintained By A Sanitary Authority.
1.
The regulation of the conduct of persons resorting to the swimming bath or bathing place.
2.
The ensuring that the water in the swimming bath or bathing place is pure and that the accommodation provided therein is adequate and clean.
3.
The provision, and enforcement of the use of, adequate facilities for cleansing persons before they use the swimming bath or bathing place.
4.
The provision of life-guards and equipment and appliances for saying persons from drowning and the taking of precautions against dangers arising from accidents.
5.
The provision of separate accommodation for undressing and dressing by males.
6.
The provision of separate accommodation for undressing and dressing by boys under eight years of age and females.