Public Health Act 1936 (c. 49)

Part II E+W Sanitation and Buildings

Modifications etc. (not altering text)

C1 Pt. II amended by Health and Safety at Work, etc. Act 1974 (c. 37), s. 76(1)(2)

C2 Pt. II (ss. 14–90) amended by Housing and Building Control Act 1984 (c. 29, SIF 61), ss. 41(1), 52(1) and 60(2)(a)

General E+W

90 Interpretation of Part II. E+W

(1) In this Part of this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say—

• “cesspool” includes a settlement tank or other tank for the reception or disposal of foul matter from buildings;

• “closet” includes privy;

• “earthcloset” means a closet having a moveable receptable for the reception of fæcal matter and its deodorisation by the use of earth, ashes or chemicals, or by other methods;

• “joint sewerage board” includes any authority or committee constituted for the purpose of collecting and dealing with the contents of sewers from the districts of two or more local authorities;

• “sanitary conveniences” means closets and urinals;

• . . . F1

• “surface water” includes water from roofs;

• “vermin,” in its application to insects and parasites, includes their eggs, larvæ and pupæ, and the expression “verminous” shall be construed accordingly; and

• “watercloset” means a closet which has a separate fixed receptacle connected to a drainage system and separate provision for flushing from a supply of clean water either by the operation of mechanism or by automatic action.

(2) For the purposes of this Part of this Act [F2 except sections 61 to 71 and any other enactment to which section 74(1) of the M1 Health and Safety at Work etc. Act 1974 applies], any of the following operations shall be deemed to be the erection of a building, that is to say—

(i) the re-erection of any building or part of a building when an outer wall of that building or, as the case may be, that part of a building has been pulled down, or burnt down, to within ten feet of the surface of the ground adjoining the lowest storey of the building or of that part of the building;

(ii) the re-erection of any frame building or part of a frame building when that building or part of a building has been so far pulled down, or burnt down, as to leave only the framework of the lowest storey of the building or of that part of the building.

(iii) the roofing over of any open space between walls or buildings;

and the word “erect” shall be construed accordingly.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4) Any reference in this Part of this Act to a drain or to a sewer shall be construed as including a reference to any manholes, ventilating shafts, pumps or other accessories belonging to that drain or sewer, F4 . . .

F4 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F1 Definition of “sewerage authority” repealed by Water Act 1973 (c. 37), Sch. 9

F2 Words substituted by Health and Safety at Work etc. Act 1974 (c. 37), Sch. 6 Pt. I para. 3(a)

F3 S. 90(3)(6) repealed by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7

F4 S. 90(5) and words in s. 90(4) repealed (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60), ss. 3, 4(2), Sch. 3 Pt.1 (with s. 2(4), Sch. 2 paras. 10, 14(1), 15).

Modifications etc. (not altering text)

C3 S. 90(2) excluded by Public Health Act 1961 (c. 64), Sch. 2 para. 6

Marginal Citations

M1 1974 c. 37.