Public Health (Drainage of Trade Premises) Act 1937 (c. 40)

Section 5.

SCHEDULE Provisions as to Making and Publication of Trade Effluents Byelaws

1 The Minister shall not entertain any application for confirmation of any trade effluents byelaws made by a local authority, unless he is satisfied that the following requirements have been complied with, that is to say :—

(1) at least two months before making the byelaws the local authority shall publish, by advertisement at their offices, in the London Gazette, and in one or more newspapers circulating in the district of the local authority, a notice of their intention to make byelaws under this Act, stating—

(a) to what trade effluents the byelaws will relate,

(b) that, at such place as may be specified in the notice, copies of the draft byelaws may be inspected free of charge, and may be obtained on payment of such charge not exceeding one shilling per copy as may be so specified, and

(c) that the local authority are prepared to receive and consider any representation with respect to the byelaws which may be made to them in writing by or on behalf of owners or occupiers of trade premises within the district of the local authority at any time during such period after the date of the publication of the notice, not being less than two months, as may be specified in the notice;

(2) the local authority, before making the byelaws, shall take into consideration any representation which they have undertaken to consider under the terms of the notice given by them as aforesaid and shall consult any interested body;

(3) if the Minister has, for the purposes of this Act, designated to the local authority any specified body of persons as being representative of the interests of the owners or occupiers of trade premises in the district of the local authority, or of any class of such owners or occupiers, the local authority shall, before making the byelaws, consult that body.

2 Where the owner or occupier of any trade premises within the district of a local authority serves on the local authority a written request to be registered and states his name and postal address, it shall be the duty of the local authority to enter his name and address in a register to be kept by them for the purpose of this Act; and so long as his name appears in the register, the local authority shall cause to be sent to him a copy of any notice which they are required by this or any other Act to publish in connection with the making of trade effluents byelaws or the confirmation of such byelaws.

The local authority may remove from the said register the name of any person who has ceased to be the owner or occupier of trade premises within their district, or who has requested the local authority in writing to remove his name from the register.

3 As soon as may be after any trade effluents byelaws made by a local authority are confirmed by the Minister, the local authority shall publish, by advertisement at their offices and in one or more newspapers circulating in their district, a notice of the confirmation, specifying the date on which the byelaws will come into operation, and stating that copies of the byelaws may be inspected and. obtained at the offices of the local authority in accordance with subsection (7) of section two hundred and fifty of the local government Act, 1933.

4 The preceding provisions of this Schedule shall, in relation to the making of trade effluents byelaws by the Minister in default of a local authority, and in relation to the publication of such byelaws made by him, have effect subject to the following modifications:—

(a) the duties of the local authorities under paragraph 1 of this Schedule shall, in connection with the making of the byelaws, be performed by the Minister;

(b) in paragraph 2 of this Schedule the reference to any notice which the local authority are required to publish shall be construed as including reference to any' notice which the Minister is required to publish; and

(c) the local authority shall have the same duty under paragraph 3 of this Schedule in relation to the byelaws as they have in relation to byelaws made by the local authority and confirmed by the Minister.

5 Nothing in this Schedule shall be taken to. affect the operation of section two hundred and fifty of the Local Government Act 1933.