- Latest available (Revised)
- Original (As enacted)
Public Health Act 1936, Section 287 is up to date with all changes known to be in force on or before 22 September 2024. There are changes that may be brought into force at a future date. Changes that have been made 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.
(1)Subject to the provisions of this section, any authorised officer of a council shall, on producing, if so required, some duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours—
(a)for the purpose of ascertaining whether there is, or has been, on or in connection with the premises any contravention of the provisions of this Act or of any byelaws [F1or building regulations] made thereunder, being provisions which it is the duty of the council to enforce;
(b)for the purpose of ascertaining whether or not circumstances exist which would authorise or require the council to take any action, or execute any work, under this Act or any such byelaws [F1 or building regulations];
(c)for the purpose of taking any action, or executing any work, authorised or required by this Act or any such byelaws [F1 or building regulations], or any order made under this Act, to be taken, or executed, by the council;
(d)generally, for the purpose of the performance by the council of their functions under this Act or any such byelaws [F1 or building regulations]:
Provided that admission to any premises not being a factory, F2. . . or workplace, shall not be demanded as of right unless twenty-four hours’ notice of the intended entry has been given to the occupier.
(2)If it is shown to the satisfaction of a justice of the peace on sworn information in writing—
(a)that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of urgency, or that an application for admission would defeat the object of the entry; and
(b)that there is reasonable ground for entry into the premises for any such purpose as aforesaid,
the justice may by warrant under his hand authorise the council by any authorised officer to enter the premises, if need be by force:
Provided that such a warrant shall not be issued unless the justice is satisfied either that notice of the intention to apply for a warrant has been given to the occupier, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry.
(3)An authorised officer entering any premises by virtue of this section, or of a warrant issued thereunder, may take with him such other persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them.
(4)Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.
(5)If any person who in compliance with the provisions of this section or of a warrant issued thereunder is admitted into a factory,. . . or workplace discloses to any person any information obtained by him in the factory,. . . or workplace with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty, be liable to a fine not exceeding [F3level 3 on the standard scale] or to imprisonment for a term not exceeding three months.
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
Textual Amendments
F1Words inserted by Public Health Act 1961 (c. 64), Sch. 1 Pt. III
F2Words in s. 287(1)(d)(5) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV
F3Words substituted by virtue of the Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
F4S. 287(6) repealed by Statute Law (Repals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. IV
Modifications etc. (not altering text)
C1S. 287 extended by Fire Services Act 1947 (c. 41), s. 1(2), Public Health Act 1961 (c. 64), ss. 38(2), 67(2), 75(6), 77(2), Greater London Council (General Powers) Act 1967 (c. xx), s. 21(6), Health Services and Public Health Act 1968 (c. 46), s. 54(2), Deposit of Poisonous Waste Act 1972 (c. 21), s. 5(2), Local Government (Miscellaneous Provisions) Act 1976 (c. 57), s. 35(7) and Thermal Insulation (Industrial Buildings) Act 1957 (c. 40), s. 8(1) which 1957 Act was repealed (E.W.) by S.I. 1985/1936, reg. 3(2), Sch. 4
C2S. 287 modified by Water Act 1989 (c. 15, SIF 130), ss. 69, 74(1), Sch. 8 para. 2(9), Sch. 9 para. 7 (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(3), 17, 40(4), 57(6), 58)
C3S. 287 applied (with modifications) (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1(1), 9, Sch. 1
C4S. 287 applied (with modifications) (19.9.2007) by London Local Authorities Act 2007 (c. ii), s. 1(3), Sch. 1
C5S. 287 modified (21.9.2008) by London Local Authorities and Transport for London Act 2008 (c. iii), ss. 1(2), 11(4), Sch. 1
C6S. 287 applied (with modifications) (2.7.2009) by Broads Authority Act 2009 (c. i), s. 39(5), Sch. 5 (with ss. 2(3), 16(3), 41(4), 42, Sch. 6 Pts. 2, 3)
C7S. 287(2)-(4) applied (with effect as mentioned in ss. 3, 5 of the applying Act by London Local Authorities Act 1991 (c. xiii), ss. 3, 5, 15(2))
S. 287(2)-(4) applied (coming into force in accordance with ss. 3, 15, 30 of the amending Act) by 1995 c. x, ss. 25(2), 40(2)
S. 287(2)-(4) applied (24.6.1996) by 1996 c. viii, s. 6(2)
S. 287(2)-(4) applied (coming into force in accordance with s. 3 of the amending Act) by 2000 c. viii, s. 20(7)(b)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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: