Modifications etc. (not altering text)
C1Pt. I: power to transfer functions conferred by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 3(2)
Pt. I: certain functions transfered (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch.2
Pt. I: modified (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch.2
Pt. I: certain functions transfered (10.2.1992) by S.I. 1991/2913, art. 8(1)(3), Sch.2
Pt. I: modified (10.2.1992) by S.I. 1991/2913, art. 8(2)(3), Sch.2
In this Part of this Act “local authority” means—
(a)as respects the City of London, the Common Council;
(b)as respects any London borough, the council of the borough; and
(c)as respects any district, the council of the district.
Orders made by the Secretary of State—
(a) . . . F1
(b)under section 6 of that Act may constitute for the purposes of any such functions a united district and a joint board for that district;
and any such order may be amended by the Secretary of State under section 9 of that Act.
Textual Amendments
F1S. 28 para. (a) repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3
(1)An officer of a council shall not be personally liable in respect of any act done by him in the execution or purported execution of this Part of this Act and within the scope of his employment, if he did that act in the honest belief that his duty under this Part required or entitled him to do it; but nothing in this subsection shall be construed as relieving a council from any liability in respect of acts of their officers.
(2)Where an action has been brought against an officer of a council in respect of an act done by him in the execution or purported execution of this Part of this Act and the circumstances are such that he is not legally entitled to require the council to indemnify him, the council may, nevertheless, indemnify him against the whole or a part of any damages and costs which he may have been ordered to pay or may have incurred, if they are satisfied that he honestly believed that the act complained of was within the scope of his employment and that his duty under this Part of this Act required or entitled him to do it.
(1)A local authority may be authorised by the Minister to purchase land compulsorily for the purposes of this Part of this Act other than those of section 14 above; and for the purposes of this section “land” has the same meaning as in the M1Public Health Act 1936.
(2)In relation to the compulsory purchase of land under this section, the [F2Acquisition of Land Act 1981] shall apply . . . F3.
Textual Amendments
F2Words substituted by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 4 para. 1 Table
F3Words repealed by Acquisition of Land Act 1981 (c. 67, SIF 28:1), s. 34, Sch. 6 Pt. I
Marginal Citations
(1)Where any Minister is authorised by this Part of this Act to determine any difference, to give any confirmation, to make any order, or otherwise to act under this Part of this Act, he may cause a local inquiry to be held.
(2)Subsections (2) to (5) of section 250 of the M2Local Government Act 1972 shall apply in relation to a local inquiry held under subsection (1) above in any case where a Minister is authorised to determine any difference as they apply in relation to a local inquiry which a Minister causes to be held under subsection (1) of that section.
Marginal Citations
(1)The supplementary provisions of the M3Public Health Act 1936 mentioned in subsection (2) below shall be deemed to be incorporated, so far as applicable, in this Part of this Act; and in those provisions as so incorporated—
(a)any reference to that Act shall be construed as a reference to this Part of this Act; and
(b)any reference to the Minister within the meaning of that Act shall be construed as a reference to the Minister within the meaning of this Part of this Act.
(2)The provisions of the M4Public Health Act 1936 referred to in subsection (1) above are—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
section 283 (notices to be in writing; forms of notices etc.);
section 284 (authentication of documents);
section 285 (service of notices);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
section 304 (judges and justices not to be disqualified by liability to rates);
section 317 (power to repeal and alter local Acts by provisional orders);
[F5sections 322, 324, 325] (default powers in relation to functions of councils); and
section 328 (powers of Act to be cumulative).
Textual Amendments
F4Entries repealed by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), Sch. 2
F5Words substituted by virtue of Local Government (Miscellaneous Provisions) Act 1976 (c. 57), Sch. 2
Marginal Citations
(1)Her Majesty may by Order in Council provide for the application to the Crown of such of the provisions of this Part of this Act and of any regulations made under it as may be specified in the Order, with such exceptions, adaptations and modifications as may be so specified.
(2)Without prejudice to the generality of subsection (1) above, an Order in Council under this section may make special provision for the enforcement of any provisions applied by the Order, and, where any such provision imposes a liability on a person by reason that he is the occupier of premises, the Order may make provision for determining, in a case where the premises are occupied by the Crown, the person who is to be treated as so liable.
(3)Any Order in Council under this section—
(a)shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament;
(b)may be revoked or varied by a subsequent Order in Council so made.
In this Part of this Act, unless the context otherwise requires,—
“animal” does not include bird or fish;
“construction regulations” means regulations with respect to the construction, lay-out or equipment of premises used as a slaughterhouse or knacker’s yard;
“council” includes a port health authority;
“district”, in relation to the local authority of a London borough or the City of London, and in relation to the officers of such an authority, means the borough or the City, as the case may be;
“functions” includes powers and duties;
“horse” includes ass and mule;
“knacker’s yard” means any premises used in connection with the business of slaughtering, flaying or cutting up animals whose flesh is not intended for human consumption;
“licence” means a licence under section 1 above authorising the use of any premises as a slaughterhouse or knacker’s yard, and “slaughterhouse licence” and “knacker’s yard licence” shall be construed accordingly;
“local authority” has the meaning assigned to it by section 27 above and, in relation to any premises or to an application in respect of any premises, means the local authority within whose district the premises are situated;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“officer” includes servant;
“slaughterhall” means that part of a slaughterhouse in which the actual slaughtering of any animal or the dressing of carcases takes place;
“slaughterhouse” means a place for slaughtering animals whose flesh is intended for sale for human consumption, and includes any place available in connection therewith for the confinement of animals while awaiting slaughter there or for keeping, or subjecting to any treatment or process, products of the slaughtering of animals there.
Modifications etc. (not altering text)
C2Functions of the Minister of Agriculture, Fisheries and Food under Part I of this Act now exercisable by Minister and Secretary of State jointly: S.I. 1978/272, art. 4(1), Sch. 2
Nothing in this Part of this Act shall apply to any slaughterhouse or knacker’s yard forming part of an imported animals’ wharf or landing place approved by the Minister under the [F6Animal Health Act 1981] for the purpose of the landing of imported animals.
Textual Amendments
F6Words substituted by Animal Health Act 1981 (c. 22, SIF 4:4), s. 96, Sch. 5 para. 11(b)