Factories Act 1961

9 Powers of inspector as to sanitary defect remediable by district council

(1) Where an inspector finds any act or default in relation to any drain, sanitary convenience, water supply, nuisance, or other matter in a factory which is liable to be dealt with by the district council under this Part of this Act or under the law relating to public health, he shall give notice thereof in writing to the district council, and it shall be the duty of the district council to make such inquiry into the subject of the notice, and to take such action thereon, as seems to the council proper for the purpose of enforcing the law, and to inform the inspector of the proceedings taken in consequence of the notice.

(2) Where an inspector finds any such act or default as aforesaid, he may take with him into the factory a medical officer of health, public health inspector (or, in Scotland, sanitary inspector) or other officer of the district council.

(3) If, within one month after notice of an act or default is given by an inspector under this section to a district council, proceedings are not taken for punishing or remedying the act or default, the inspector may take the like proceedings for the punishment or remedying thereof as the district council might have taken and shall be entitled to recover from the district council all such expenses incurred by him in and about the proceedings as are not recovered from any other person and have not been incurred in or about any unsuccessful legal proceedings.

(4) Any sum recoverable under subsection (3) of this section shall, in England and Wales, be recoverable summarily as a civil debt.