Public Health Act 1961

SCHEDULES

Sections 6 and 11.

FIRST SCHEDULE Building Regulations

PART I Relaxation for Existing Work

Interpretation

1 This Part of this Schedule applies to any direction under this Act which will affect the application of building regulations to work which has been carried out before the giving of the direction.

Cases where no direction may be given

2 Neither the Minister nor a local authority shall give a direction to which this Part of this Schedule applies—

(a) if the local authority have before the making of the application for the direction become entitled under subsection (3) of section sixty-five of the Public Health Act, 1936, to pull down, remove or alter the work to which the application relates, or

(b) if when the application is made there is in force an injunction or other direction given by a court which requires the work to be pulled down, removed or altered.

Suspension of certain provisions while an application is pending

3 (1) Subject to the following provisions of this Schedule, after the making of an application for a direction to which this Part of this Schedule applies, and until the application is withdrawn or finally disposed of, no notice shall be given under section sixty-five of the Public Health Act, 1936, as regards the work to which the application relates on the ground that it contravenes the requirement to which the application relates.

(2) If an application for a direction to which this Part of this Schedule applies is made less than twelve months after the completion of the work to which the application relates, so much of subsection (4) of the said section sixty-five as prevents a notice being given more than twelve months after the completion of the work shall not prevent the giving of such a notice as regards that work at any time within the period of three months from the date on which the application is withdrawn or finally disposed of.

(3) If an application for a direction to which this Part of this Schedule applies is made after a notice under the said section sixty-five has been given on the ground that the work to which the application relates contravenes the requirement to which the application relates (not being an application prohibited by paragraph 2 of this Schedule), subsection (3) of the said section sixty-five shall have effect in relation to that work as if for the reference to the period there mentioned there were substituted a reference to a period expiring twenty-eight days after the application is withdrawn or finally disposed of, or such longer period as a magistrates' court may allow.

(4) Subject to the following provisions of this Schedule, if an application for a direction to which this Part of this Schedule applies is made after any person has, in consequence of the carrying out of the work to which the application relates in contravention of building regulations, become liable to a penalty continuing from day to day, the daily penalty shall not be recoverable in respect of any day after the making of the application and before it is withdrawn or finally disposed of.

(5) In a case where an application is withdrawn or is finally disposed of without any direction being given, the Minister or, as the case may be, the local authority may order that the daily penalty shall not be recoverable in respect of any day during such further period not exceeding twenty-eight days as may be specified in the order.

4 Sub-paragraph (1), sub-paragraph (3) and sub-paragraph (4) of the last foregoing paragraph shall not apply to an application which is a repetition, or substantially a repetition, of a previous application under this Act.

Saving for criminal liability incurred before making of application

5 The giving of a direction to which this Part of this Schedule applies shall not affect the liability of any person for an offence committed before the giving of the direction except so far as that liability depends on the continuation of the offence after the giving of the direction.

Termination of proceedings under section 65 of Act of 1936 on giving of a direction

6 If before the giving of a direction to which this Part of this Schedule applies a notice has been given under section sixty-five of the Public Health Act, 1936, and the contravention of building regulations by virtue of which the notice was given comes to an end when the direction is given, the local authority shall not, after the giving of the direction, be entitled to proceed under subsection (3) of the said section sixty-five by virtue of that notice.

PART II Transitional Provisions

7 Section sixty-eight of the Public Health Act, 1936 (which provides for the temporary operation of building byelaws), shall cease to have effect at the passing of this Act and, accordingly, until the date when the other provisions of this Act relating to building regulations come into force (hereafter in this Part of this Schedule referred to as " the appointed date ") building byelaws in force immediately before the passing of this Act shall continue in force, but subject to the power to make further building byelaws varying or revoking them.

8 (1) Any building byelaw in force immediately before the appointed date shall after the appointed date continue to apply in relation to—

(a) plans which, in accordance with building byelaws, were deposited with a local authority before the appointed date, and

(b) work carried out in accordance with plans de-posited before the appointed date, with or without any departures or deviations from those plans, and

(c) work carried out and completed before the appointed date.

(2) Except as provided by the foregoing sub-paragraph, all building byelaws shall be repealed at the appointed date, but subsection (2) of section thirty-eight of the Interpretation Act, 1889 (which relates to the effect of repeals), shall apply in relation to the repeals effected by this sub-paragraph as it applies in relation to the repeal of any provision in an Act of Parliament.

9 (1) Subject to the provisions of this paragraph, a local authority may, on an application made after the appointed date by any person (other than the local authority), and with the consent of the Minister, give a direction dispensing with or relaxing any requirement of building byelaws, and the Minister may, on such an application by a local authority, give such a direction in their favour.

(2) Subsection (4) of section six and sections seven and eight of this Act, and Part I of this Schedule, shall apply in relation to any application or direction under this paragraph as if references to building regulations included references to building byelaws, and as if an application or direction under this paragraph were an application or direction under the said section six.

(3) Any application for the relaxation of or dispensation with the requirements of a building byelaw under section sixty-three of the Public Health Act, 1936, which is pending at the appointed date shall have effect after the appointed date as if it were an application under sub-paragraph (1) of this paragraph.

(4) Where under the said section sixty-three notice of any proposed relaxation or dispensation has been given before the appointed date, no notice need be published or given under section eight of this Act as regards that relaxation or dispensation.

10 The amendments made by section five of this Act and Part III of this Schedule in any enactment shall not apply so as to exclude from that enactment any reference to building byelaws as in force before the appointed date, or as continued in force by this Part of this Schedule.

11 Subsection (2) of section ten of this Act shall not apply in relation to any plans deposited before the appointed date.

PART III Consequential Amendments

The Restriction of Ribbon Development Act, 1935 25 & 26 Geo. 5. c.47

In section seventeen, in subsection (1), after the word " byelaw " there shall be inserted the words " or building regulations ".

The Public Health Act, 1936 26 Geo. 5 & 1 Edw. 8. c. 49

In section twenty-five, in subsection (1), for the word " byelaws' there shall be substituted the word " regulations ".

In section thirty-seven, in subsection (1), for the word " byelaws " there shall be substituted the word " regulations".

In section forty-three, in subsection (1), for the word " byelaws " there shall be substituted the word " regulations".

In section fifty-three, in subsections (1) and (2), for the word " byelaws " wherever it occurs, there shall be substituted the word " regulations " and in subsection (7), for the words " A local authority may by their building byelaws " there shall be substituted the words " The Minister may by building regulations ", and for the words " in the byelaws " there shall be substituted the words " in the regulations".

In section fifty-four, in subsection (1), for the word "byelaws" there shall be substituted the word " regulations".

In section fifty-five, in subsection (1), for the word " byelaws'" there shall be substituted the word " regulations".

In section fifty-nine, in subsection (1) and paragraph (d) of subsection (5), for the word " byelaws " there shall be substituted the word " regulations".

In section sixty-one, in subsection (1), for the words " Every local authority may and, if required by the Minister, shall make byelaws " there shall be substituted the words " The Minister shall, subject to the provisions of the Public Health Act, 1961, have power to make regulations "; and in subsection (2) for the word " Byelaws " there shall be substituted the word " Regulations".

In section sixty-two, in subsection (1) and paragraph (c) of subsection (2), for the word " byelaws " wherever it occurs there shall be substituted the word " regulations".

In section sixty-four, for the words " byelaw" and " byelaws " wherever they occur there shall be substituted the words " regulation " and " regulations " respectively. In section sixty-five, for ' the words " byelaw " and " byelaws " wherever they occur there shall be substituted the words " regulation " and " regulations " respectively. In section sixty-six, in subsection (1), for the word "byelaws" wherever it occurs there shall be substituted the word " regulations".

In section sixty-seven, for the word " byelaws " wherever it occurs there shall be substituted the word " regulations".

In section seventy, in subsection (2), for the word " appended " there shall be substituted the word " kept".

In section seventy-one, for the word " byelaws " wherever it occurs there shall be substituted the word " regulations".

In section ninety, in subsections (2) and (3), for the word " byelaws " wherever it occurs there shall be substituted the word " regulations".

In section one hundred and thirty-seven, in subsection (1) for the word " byelaws " there shall be substituted the word " regulations".

In section two hundred and sixty-nine, in subsection (8), in paragraph (i), for the words " the building byelaws of the local authority " there shall be substituted the words " building regulations".

In section two hundred and eighty-four, in subsection (2), after the word " byelaws " there shall be inserted the words " building regulations".

In section two hundred and eighty-seven, in subsection (1), after the word "byelaws" wherever it occurs there shall be inserted the words " or building regulations".

In section two hundred and eighty-eight, after the word " byelaw " there shall be inserted the words " building regulation".

In section two hundred and ninety-nine, after the word " byelaws " wherever it occurs there shall be inserted the words " or building regulations".

In section three hundred and forty-three, in subsection (1), for the word " byelaws" where it occurs for the first and second time there shall be substituted the word " regulations ".

The Civil Defence Act, 1939 2 & 3 Geo. 6. c. 31

Section thirty-three shall be amended as follows—

(a) in subsection (4), in paragraph (a), for the words from " relate to areas " to " were building byelaws " there shall be substituted the words " apply outside the administrative county of London as if the regulations were building regulations " , and

(b) in subsection (7), for the word " byelaws " there shall be substituted the word " regulations ".

The Clean Air Act, 1956 4. & 5 Eliz. 2. c. 52

In section ten, for the word " byelaws " wherever it occurs there shall be substituted the word " regulations".

In section twenty-four, for the word " byelaws " there shall be substituted the word " regulations".

In section twenty-nine, in subsection (1), for the word " byelaws " there shall be substituted the word " regulations " .

The amendments of the said sections ten, twenty-four and twenty-nine do not affect the law in the administrative county of London or in Scotland and, accordingly, in subsection (6) of section thirty-two, and in subsection (1) of section thirty-four (which adapt the Act in its application to London and to Scotland) for the words " building byelaws " there shall be substituted the words " building regulations ".

The Housing Act, 1957 5. & 6 Eliz. 2 c. 56

In section twelve, in subsection (4), after the words " building byelaws" there shall be inserted the words " or building regulations".

In section twenty-nine, in subsection (2), after the words " building byelaws" there shall be inserted the words " or building regulations".

In section fifty-nine, in subsection (2), after the words " building byelaws" there shall be inserted the words " or building regulations ".

The Highways Act, 1959 7 & 8 Eliz. 2. c. 25

In section one hundred and ninety-two, in subsection (1), for the word " byelaws " there shall be substituted the word " regulations".

In section one hundred and ninety-three, in subsection (1), for the word " byelaws " there shall be substituted the word " regulations".

In section two hundred and thirteen, in subsections (1) and (2), for the word " byelaws" there shall be substituted the word " regulations ".

Section 12.

SECOND SCHEDULE Supplementary Provisions concerning Sewerage Contributions

Establishment of actual and estimated cost per yard of sewer

1 (1) As soon as may be after a resolution has been passed for the purposes of section twelve or section thirteen of this Act and the actual cost of constructing the sewer to which the resolution relates has been ascertained, the local authority shall serve on the owners of the premises fronting the street or the part of the street in which the sewer is constructed a notice specifying—

(a) the amount of the actual cost per yard of the sewer constructed in the street or part of the street, and

(b) the amount which the local authority estimate as the cost per yard of a sewer having an internal diameter of nine inches constructed in the street or part of the street at a depth of seven feet,

and every such notice shall state that the lesser of these amounts will be relevant in computing the amount of any payment recoverable under section twelve or section thirteen of this Act, as the case may be, in respect of those premises, and shall give particulars of the right of objection conferred by the next following paragraph.

(2) The cost per yard of a sewer constructed in a street or part of a street shall be computed by the local authority by dividing the cost of constructing that sewer by its extent in yards.

2 (1) Any person on whom a notice is served under the foregoing-paragraph may within one month of the date of the notice serve on the local authority an objection in writing to the correctness of any amount specified by that notice.

(2) If an objection is made under this paragraph within the said period and is not withdrawn, the local authority shall, after the expiration of that period, apply to a magistrates' court to appoint a time for hearing and determining all objections so made within that period and shall serve on all the objectors notice of the time and place so appointed.

(3) At the hearing the court may direct that there be substituted for any amount specified in the notice such other amount as the court may determine.

(4) Subject to any direction by a court on the hearing of objections under this paragraph (whether at first instance or on appeal), the amounts specified in the notice shall be conclusive for all purposes.

Recovery of payments

3 (1) Whenever a payment becomes recoverable in respect of any premises, the local authority shall serve a notice specifying the amount of the payment on the owner of the premises for the time being, and may recover that amount together with interest thereon from the date of the notice from that person :

Provided that no notice shall be served under this paragraph before the amount of the actual and estimated cost per yard of 'the sewer has been conclusively established.

(2) A notice under this paragraph shall give particulars of the power of remission and the right of appeal conferred by subsection (8) of section twelve of this Act.

4 The rate of interest chargeable under the last foregoing paragraph shall be such rate as the local authority may determine not exceeding the maximum rate fixed by the Minister for the purpose of section two hundred and ninety-one of the Public Health Act, 1936, at the time when the notice is served, or, if different maximum rates are then so fixed, the highest of those rates.

5 The payment recoverable in respect of any premises together with interest thereon from the date of the notice served under paragraph 3 of this Schedule shall, from that date until recovered, be a charge on the premises and on all estates and interests therein.

Interpretation

6 (1) A building shall be deemed to be erected after the date on which a resolution comes into operation unless its erection was complete before that date.

(2) A building shall be deemed to be erected—

(a) if any part of the building is wholly or partly re-erected when the outer wall of that part has been demolished (otherwise than in consequence of fire or other accident) to within ten feet of the surface of the ground adjoining the lowest storey of that part;

(b) if (not having been originally constructed for human habitation) it is converted into a house ;

(c) if it is converted into a factory, shop or place of public resort;

(d) if it is extended so that the area occupied by the site of the building will (with any previous extension made since the date on which a resolution came into operation in relation to the building) be increased by an area of more than one-eighth or, in the case of a building constructed for agricultural purposes, one-quarter, of that occupied by the site of the building before that date;

and subsection (2) of section ninety of the Public Health Act, 1936 (Which specifies operations which are deemed to be the erection of a building), shall not apply in relation to section twelve or section thirteen of this Act.

7 (1) References to premises on which a building is erected are references to the building and any land occupied with the building.

(2) References to " fronting" include references to adjoining and abutting and "frontage" shall be construed accordingly.

Proof of publication of resolutions

8 Publication of a notice of a resolution for the purposes of section twelve or section thirteen of this Act in a newspaper and the date of any such publication may be proved by the production of a photostatic or other reproduction certified by the clerk of the local authority to be a true reproduction of a page or part of a page of that newspaper bearing the date of its publication and containing the notice.

Sections 43, 44 and 51.

THIRD SCHEDULE Consents Required for Execution of Certain Works in Streets

1 In this Schedule " the authority " means the county council, local authority or parish council having power to carry out the works to which this Schedule applies.

2 The authority shall not carry out any works to which this Schedule applies in any such situation or position as is described in the first column of the following Table except with the consent of the person described in relation thereto in the second column of that Table.

TABLE

In any street which is a highway for which there is a highway authority other than the authority carrying out the works.	The highway authority.
In any street belonging to. and repairable by any railway, dock, harbour, canal, inland navigation or passenger road transport undertakers and forming the approach to any station, dock, wharf or depot of those undertakers.	The undertakers.
On any bridge not vested in the authority carrying out the works or on the approaches to any such bridge.	The authority or other person in whom the bridge is vested.
On any bridge carrying a street over any railway, canal or inland navigation, or on the approaches to any such bridge, or under any bridge carrying a railway, canal or inland navigation over a street.	The railway, canal or inland navigation undertakers concerned.
Except in the case of works under section forty-four of this Act, in a position obstructing or interfering with any existing access to any land or premises abutting upon a street.	The owner (as defined by the Public Health Act, 1936) and the occupier of the land or premises.

3 Any consent required by this Schedule in respect of any works shall not unreasonably be withheld but may be given subject to any reasonable conditions, including a condition that the authority shall remove the works either at any time or at or after the expiration of a period if reasonably required so to do by the person giving the consent.

4 Any dispute between the authority and a person whose consent is required under this Schedule as to whether that consent is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of anything to the provision of which the consent relates in accordance with any condition of the consent is reasonably required, shall—

(a) in the case of a dispute between the authority and the Minister of Transport, be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers, and

(b) in any other case, be referred to and determined by the Minister of Transport, who may cause a local inquiry to be held for that purpose,

and section two hundred and ninety of the Local Government Act, 1933, shall apply in relation to a local inquiry held under this paragraph as it applies in relation to such an inquiry held under that Act.

Section 45.

FOURTH SCHEDULE Attachment of Street Lighting Equipment to Certain Buildings

As regards buildings of the descriptions in the first column of the following Table the appropriate authority for the purposes of section forty-five of this Act shall be the person specified in the second column of that Table (and not a magistrates' court).

TABLE

A building which is for the time being included in a list published under section 12 of the Ancient Monuments Consolidation and Amendment Act, 1913.	The Minister of Works.
A building which is subject to a building preservation order under section 29 of the Town and Country Planning Act, 1947, or included in a list compiled or approved under section 30 of that Act.	The Minister of Housing and Local Government.
A building owned by railway, canal, dock, harbour or inland navigation undertakers.	The Minister of Transport.
A building owned by electricity or gas undertakers or the National Coal Board.	The Minister of Power.
A building owned by statutory water undertakers.	The Minister of Housing and Local Government.
A building forming part of an aerodrome licensed under the Civil Aviation Act, 1949, or any enactment repealed by that Act.	The Minister of Aviation.
A building owned by a county council, local authority or parish council or parish meeting who are not the street lighting authority concerned.	The Minister of Housing and Local Government.
A building owned by a development corporation established under the New Towns Act, 1946, or the Commission for the New Towns established under the New Towns Act, 1959.	The Minister of Housing and Local Government.

Section 86.

FIFTH SCHEDULE ENACTMENTS REPEALED

PART I Repeals Consequent on Building Regulation Provisions

Session and Chapter	Short Title	Extent of Repeal
3 & 4 Geo. 5. c. 32.	The Ancient Monuments Consolidation and Amendment Act, 1913.	Section eighteen except as it applies in the administrative county of London.
26 Geo. 5 and 1 Edw. 8. c. 49.	The Public Health Act, 1936.	In section twenty-five, subsection (3).
		In section sixty-one, in subsection (2), the word "estimates " and subsection (3).
		Section sixty-three.
		In section sixty-six, subsections (2) and (3).
		Section sixty-eight as from the passing of this Act.
		Section sixty-nine.
		In section seventy, in paragraph (b) of subsection (1), the words from the beginning to " thirty-one, and ", the words "or section fifteen of the Public Health Acts Amendment Act, 1907" and the words " in question ".
		In section three hundred and forty-three, in subsection (1), in the definition of " building byelaws", the words from " and includes " to the end of the definition.
2 & 3 Geo. 6. c. 31.	The Civil Defence Act, 1939.	In section thirty-three, in subsection (6), the words "Any building byelaws. or ".
10 & 11 Geo. 6. c. 39.	The Statistics of Trade Act, 1947.	In section fourteen, subsections in and (2)
5 & 6 Eliz. 2. c. 56.	The Housing Act, 1957	In section one hundred and forty-eight, subsection (3).
		In section one hundred and eighty-nine, in the definition of " building byelaws" in subsection (1) the words " or section sixty-one of the Public Health Act, 1936" and the words "new buildings, including the drainage thereof, and ".

PART II Other Repeals

Session and Chapter	Short Title	Extent of Repeal
53 & 54 Vict. c. 59.	The Public Health Acts Amendment Act, 1890.	Section thirty-eight, but without prejudice to any byelaws in force under that section.
		In section forty-four, in the proviso to subsection (1), the words " or public holiday ".
15 & 16 Geo. 5. c. 71.	The Public Health Act, 1925.	In section two, subsection (3).
26 Geo. 5 and 1 Edw. 8. c. 49.	The Public Health Act, 1936.	In section fifty-eight, in subsection (1), the words from " to persons in the building " to the end of the first paragraph (b), the words " in the first-mentioned case", and paragraph (ii); and the whole of subsection (3).
		In section seventy-six, paragraph (a) of subsection (1).
		In section two hundred and forty-nine, subsection (3) as it applies both in London and elsewhere.
1 Edw. 8. and 1 Geo. 6. c.40.	The Public Health (Drainage of Trade Premises) Act, 1937.	In subsection (1) of section one, the words " and of any byelaws under this Act which are for the time being in force " and the words " or, so far as is permitted by any such byelaws as aforesaid, without such consent".
		In subsection (3) of section two, the words from " and " at the end of paragraph (d) to the end of the subsection.
		In section three (except as regards appeals instituted before the commencement of this Act), in subsection (1), the words from " and upon " to the end of the subsection, and subsection (3).
		In subsection (5) of section four, the proviso.
		Sections five and six.
		In section seven, in subsection (1), the words " and of any trade effluents byelaws for the time being in force ", and in subsection (4), the words " or in any trade effluents byelaws " and the words from " or the " to the end of the subsection.
		Section eight.
		The Schedule.
5 & 6 Eliz. 2. c. 42.	The Parish Councils Act, 1957.	In section three, subsection (7).
7 & 8 Eliz. 2. c. 25.	The Highways Act, 1959	Section one hundred and forty-five.

Table of Statutes referred to in this Act

Short Title	Session and Chapter
Larceny Act, 1861	24 & 25 Vict. c. 96.
Public Health Act, 1875	38 & 39 Vict. c. 55.
Interpretation Act, 1889	52 & 53 Vict. c. 63.
Public Health Acts Amendment Act, 1890	53 & 54 Vict. c. 59.
Local Government Act, 1894	56 & 57 Vict. c. 73.
Open Spaces Act, 1906	6 Edw. 7. c. 25.
Public Health Acts Amendment Act, 1907	7 Edw. 7. c. 53.
Ancient Monuments Consolidation and Amendment Act, 1913.	3 & 4 Geo. 5. c. 32.
Supreme Court of Judicature (Consolidation) Act, 1925.	15 & 16 Geo. 5. c. 49.
Public Health Act, 1925	15 & 16 Geo. 5. c. 71.
Petroleum (Consolidation) Act, 1928	18 & 19 Geo. 5. c. 32.
Rating and Valuation (Apportionment) Act, 1928.	18 & 19 Geo. 5. c. 44.
Land Drainage Act, 1930	20 & 21 Geo. 5. c. 44.
Local Government Act, 1933	23 & 24 Geo. 5. c. 51.
Restriction of Ribbon Development Act, 1935	25 & 26 Geo. 6. c. 47.
Public Health Act, 1936	26 Geo 5 & l Edw. 8. c.49.
Public Health (Drainage of Trade Premises) Act, 1937.	1 Edw. 8 & 1 Geo. 6. c. 40.
Civil Defence Act, 1939	2 & 3 Geo. 6. c. 31.
Water Act. 1945	8 & 9 Geo. 6. c. 42.
New Towns Act, 1946	9 & 10 Geo. 6. c. 68.
Statistics of Trade Act, 1947	10 & 11 Geo. 6. c. 39.
Town and Country Planning Act, 1947	10 & 11 Geo. 6. c. 51.
River Boards Act, 1948	11 & 12 Geo. 6. c. 32.
Civil Aviation Act, 1949	12, 13 & 14 Geo. 6. c. 67.
Town Development Act, 1952	15 & 16 Geo. 6. & l Eliz. 2. c. 54.
Magistrates' Courts Act, 1952	15 & 16 Geo. 6 & 1 Eliz. 2. c. 55.
London County Council (General Powers) Act, 1953.	1 & 2 Eliz. 2. c. xliii.
Licensing Act, 1953	1 & 2 Eliz. 2. c. 46.
Protection of Birds Act, 1954	2 & 3 Eliz. 2. c. 30.
Atomic Energy Act, 1954	2 & 3 Eliz. 2. c. 32.
Mines and Quarries Act, 1954	2 & 3 Eliz. 2. c. 70.
Food aid Drugs Act, 1955	4 & 5 Eliz. 2. c. 16.
Clean Air Act, 1956	4 & 5 Eliz. 2. c. 52.
Parish Councils Act, 1957	5 & 6 Eliz. 2. c. 42.
Housing Act, 1957	5 & 6 Eliz. 2. c. 56.
Highways Act, 1959	7 & 8 Eliz. 2. c. 25.
New Towns Act, 1959	7 & 8 Eliz. 2. c. 62.
Land Compensation Act, 1961	9 & 10 Eliz. 2. c. 33.