- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Public Health Act 1961. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Sections 43, 44 and 51.
Modifications etc. (not altering text)
1In this Schedule “” means the county council, local authority or parish council having power to carry out the works to which this Schedule applies.E+W
2The 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.E+W
|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 M1Public Health Act 1936) and the occupier of the land or premises.|
3Any 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.E+W
[F34Where the consent of the Secretary of State or the Minister of Transport is required under this Schedule, any dispute between the Minister whose consent is required and the authority as to whether the Minister’s 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 be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers]E+W
Modifications etc. (not altering text)
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).
|A building which is for the time being included in a list published under section 12 of the M2Ancient Monuments Consolidation and Amendment Act 1913.||[F4The Secretary of State]|
|[F5A building which is included in a list compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990.]||[F5The Secretary of State.]|
|A building owned by railway, canal, dock, harbour or inland navigation undertakers.||The Minister of Transport.|
|A building owned by electricity or gas undertakers. . ..||[F6The Secretary of State.]|
|A building owned by statutory water undertakers.||[F7The Secretary of State.]|
|A building forming part of an aerodrome licensed under the Civil Aviation Act 1949, or any enactment repealed by that Act.||[F8The Board of Trade.]|
|A building owned by a county council, local authority or parish council or parish meeting who are not the street lighting authority concerned.||[F7The Secretary of State.]|
|A building owned by a development corporation established under the M3New Towns Act 1946, or the Commission for the New Towns established under the M4New Towns Act 1959.||[F7The Secretary of State.]|
|[F9A building owned by [F10a universal service provider (within the meaning of the Postal Service s Act 2000 ) in connection with the provision of a universal postal service (within the meaning of that Act)].||[F11The Secretary of State.]]|
Modifications etc. (not altering text)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: