Part I
Preliminary
1 Short title.
This Act may be cited as “The Public Health Act 1875.
2 Extent of Act.
This Act shall not extend to Scotland or Ireland, . . . F1
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F1474 Definitions.
In this Act, if not inconsistent with the context, the following words and expressions have the meanings herein-after respectively assigned to them; that is to say,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F148
“Person includes any body of persons, whether corporate or unincorporate:
. . . F149
“Lands and “Premises include messuages buildings lands easements and hereditaments of any tenure:
“Owner means the person for the time being receiving the rackrent of the lands or premises in connexion with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such lands or premises were let at a rackrent:
“Rackrent means rent which is not less than two-thirds of the full net annual value of the property out of which the rent arises; and the full net annual value shall be taken to be the rent at which the property might reasonably be expected to let from year to year, free from all usual tenant’s rates and taxes, and tithe commutation rent-charge (if any), and deducting therefrom the probable average annual cost of the repairs, insurance, and other expenses (if any) necessary to maintain the same in a state to command such rent:
“Street includes any highway . . . F150and any public bridge . . . F151, and any road lane footway square court alley or passage whether a thoroughfare or not:
“House includes schools, also factories and other buildings in which . . . F152persons are employed . . . F152.
“Drain means any drain of and used for the drainage of one building only, or premises within the same curtilage, and made merely for the purpose of communicating therefrom with a cesspool or other like receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises occupied by different persons is conveyed:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F153
Part II
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
Part III
SANITARY PROVISIONS
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Water Supply
51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
Provisions for Protection of Water
C2C368 Penalty for causing water to be corrupted by gas washings. C1
Any person engaged in the manufacture of gas who—
1
Causes or suffers to be brought or to flow into any stream reservoir aqueduct pond or place for water, or into any drain or pipe communicating therewith, any washing or other substance produced in making or supplying gas; or
2
Wilfully does any act connected with the making or supplying of gas whereby the water in any such stream reservoir aqueduct pond or place for water is fouled,
shall forfeit for every such offence the sum of two hundred pounds, and, after the expiration of twenty-four hours notice from the local authority or the person to whom the water belongs in that behalf, a further sum of twenty pounds for every day during which the offence is continued or during the continuance of the act whereby the water is fouled.
Every such penalty may be recovered, with full costs of suit, in any of the superior courts, in the case of water belonging to or under the control of the local authority by the local authority, and in any other case by the person into whose water such washing or other substance is conveyed or flows or whose water is fouled by any such act as aforesaid, or in default of proceedings by such person, after notice to him from the local authority of their intention to proceed for such penalty, by the local authority; but such penalty shall not be recoverable unless it be sued for during the continuance of the offence, or within six months after it has ceased.
69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
70. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
116. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16
120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17
Part IV LOCAL GOVERNMENT PROVISIONS
Highways and Streets
144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
Regulation of Streets and Buildings
149. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
C5153 Power to require gas and water pipes to be moved. C4
Where for any purpose of this Act any urban authority deem it necessary to raise sink or otherwise alter the situation of any water or gas pipes mains plugs or other waterworks or gasworks laid in or under any street, they may by notice in writing require the owner of the pipes mains plugs or works to raise sink or otherwise alter the situation of the same in such manner and within such reasonable time as is specified in the notice; the expenses of or connected with any such alteration shall be paid by the urban authority; and if such notice is not complied with the urban authority may themselves make the alteration required:
Provided—
That no such alteration shall be required or made which will permanently injure any such pipes mains plugs or works or prevent the water or gas from flowing as freely and conveniently as usual; and
That where under any local Act of Parliament the expenses of or connected with the raising sinking or otherwise altering the situation of any water or gas pipes mains plugs or other waterworks or gasworks, are directed to be borne by the owner of such pipes or works, his liability in that respect shall continue in the same manner and under the same conditions in all respects as if this Act had not been passed.
154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24
157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26
C7160 Incorporation of certain provisions of 10 & 11 Vict. c. 34. C6
The provisions of the M1Towns Improvement Clauses Act 1847, with respect to the following matters, that is to say,
F271
With respect to naming the streets and numbering the houses; and
2
. . . F28
Lighting Streets, &c.
161 Powers of urban authority for lighting their district. C8
Any urban authority may contract with any person for the supply of gas, or other means of lighting the streets, markets, and public buildings in their district, and may provide such lamps, lamp posts, and other materials and apparatus as they may think necessary for lighting the same.
. . . F31
162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32
163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33
Public Pleasure Grounds, &c.
C10C11164X1Urban authority may provide places of public recreation. C9
Any F34local authority may purchase or take on lease lay out plant improve and maintain lands for the purpose of being used as public walks or pleasure grounds, and may support or contribute to the support of public walks or pleasure grounds provided by any person whomsoever.
Any F34local authority may make byelaws for the regulation of any such public walk or pleasure ground, and may by such byelaws provide for the removal from such public walk or pleasure ground of any person infringing any such byelaw by any officer of the F34local authority or constable.
165 Urban authority may provide public clocks. C12
Any urban authority may from time to time provide such clocks as they consider necessary, and cause them to be fixed on or against any public building, or, with the consent of the owner or occupier, on or against any private building the situation of which may be convenient for that purpose, and may cause the dials thereof to be lighted at night, and may from time to time alter and remove any such clocks to such other like situation as they may consider expedient.
166. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35
Police Regulations
171 Incorporation of certain provisions of 10 & 11 Vict. c. 89. C13
The provisions of the M2Towns Police Clauses Act 1847, with respect to the following matters, (namely.)
1
With respect to obstructions and nuisances in the streets; and
F362
With respect to fires; and
3
With respect to places of public resort; and
C144
With respect to hackney carriages; . . . F37
5
. . . F37
shall, for the purpose of regulating such matters in urban F38districts, be incorporated with this Act.
The expression in the provisions so incorporated “the superintendent constable, and the expression “any constable or other officer appointed by virtue of this or the special Act, shall, for the purposes of this Act, respectively include any superintendent of police, and any constable or officer of police acting for or in the district of any urban authority; and the expression “within the prescribed distance shall for the purposes of this Act mean within any urban F38district.
Notwithstanding anything in the provisions so incorporated, a license granted to the driver of any hackney carriage in pursuance thereof shall be in force for one year only from the date of the license, or until the next general licensing meeting where a day for such meeting is appointed.
172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39
Part V GENERAL PROVISIONS
173. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
175. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
Arbitration
F154179 Mode of reference to arbitration.
In case of dispute as to the amount of any compensation to be made under the provisions of this Act (except where the mode of determining the same is specially provided for), and in case of any matter which by this Act is authorised or directed to be settled by arbitration, then, unless both parties concur in the appointment of a single arbitrator, each party shall appoint an arbitrator to whom the matter shall be referred.
180 Regulations as to arbitration.
With respect to arbitrations under this Act, the following regulations shall be observed: (that is to say,)
1
Every appointment of an arbitrator under this Act when made on behalf of the local authority shall be under their common seal, and on behalf of any other party under his hand, or if such party be a corporation aggregate under their common seal:
2
Every such appointment shall be delivered to the arbitrators, and shall be deemed a submission to arbitration by the parties making the same:
3
After the making of any such appointment the same shall not be revoked without the consent of both parties, nor shall the death of either party operate as a revocation:
4
If for the space of fourteen days after any matter by this Act authorised or directed to be settled by arbitration has arisen, and notice in writing by one party who has duly appointed an arbitrator has been given to the other party, stating the matter to be referred, and accompanied by a copy of such appointment, the party to whom notice is given fails to appoint an arbitrator, the arbitrator appointed by the party giving the notice shall be deemed to be appointed by and shall act on behalf of both parties:
5
If before the determination of any matter so referred any arbitrator dies or refuses or becomes incapable to act, the party by whom such arbitrator was appointed may appoint in writing another person in his stead; and if such party fails so to do for the space of seven days after notice in writing from the other party in that behalf, the remaining arbitrator may proceed ex parte; and every arbitrator so appointed shall have the same powers and authorities as were vested in the arbitrator in whose stead the appointment is made:
6
If a single arbitrator dies or becomes incapable to act before the making of his award, or fails to make his award within twenty-one days after his appointment, or within such extended time, if any, as may have been duly appointed by him for that purpose, the matters referred to him shall be again referred to arbitration under the provisions of this Act, as if no former reference had been made:
7
Where there is more than one arbitrator, the arbitrators shall, before they enter on the reference, appoint by writing under their hands an umpire, and if the person appointed to be umpire dies or becomes incapable to act, the arbitrators shall forthwith appoint another person in his stead; and if the arbitrators neglect or refuse to appoint an umpire for seven days after being requested so to do by any party to the arbitration, the F155Secretary of State shall, on the application of any such party, appoint an umpire:
8
If the arbitrators fail to make their award within twenty-one days after the day on which the last of them was appointed, or within such extended time (if any) as may have been duly appointed by them for that purpose, the matters referred shall be determined by the umpire:
9
The time for making an award by arbitrators under this Act shall not in any case be extended beyond the period of two months from the date of the submission, and the time for making an award by an umpire under this Act shall not in any case be extended beyond the period of two months from the date of the reference of the matters to him:
10
Before any arbitrator or umpire enters on a reference under this Act he shall make and subscribe the following declaration before a justice of the peace; (that is to say,)
IA.B. do solemnly and sincerely declare that I will faithfully and honestly, and to do the best of my skill and ability, hear and determine the matters referred to me under the Public Health Act 1875.
A.B.
11
Such declaration shall be annexed to the award when made; and any arbitrator or umpire who wilfully acts contrary to such declaration shall be guilty of a misdemeanour:
12
Any arbitrator arbitrators or umpire appointed by virtue of this Act may require the production of such documents in the possession or power of either party as they or he may think necessary for determining the matters referred, and may examine the parties or their witnesses on oath:
13
The costs of and consequent upon the reference shall be in the discretion of the arbitrator or arbitrators, or (in case the matters referred are determined by an umpire) of the umpire:
14
Any submission to arbitration under the provisions of this Act may be made a rule of any of the superior courts, on the application of any party thereto:
15
The award of arbitrators or of an umpire under this Act shall be final and binding on all parties to the reference.
F156181 Claims under twenty pounds may be referred to court of summary jurisdiction.
All questions referable to arbitration under this Act may, when the amount in dispute is less than twenty pounds, be determined at the option of either party before a court of summary jurisdiction, but the court may, if it thinks fit, require that any work in respect of which the claim of the local authority is made and the particulars of the claim be reported on to them by any competent surveyor, not being the surveyor of the local authority; and the court may determine the amount of costs incurred in that behalf, and by whom such costs or any part of them shall be paid.
Byelaws
182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42
F43183 Power to impose penalties on breach of byelaws. C15
Any local authority may, by any byelaws made by them under this Act, impose on offenders against the same such reasonable penalties as they think fit, not exceeding the sum of F44level 2 on the standard scale for each offence, and in the case of a continuing offence a further penalty not exceeding F45£2 for each day after written notice of the offence from the local authority . . . F46
Nothing in the provisions of any Act incorporated herewith shall authorise the imposition or recovery under any byelaw made in pursuance of such provisions of any greater penalty than the penalties in this section specified.
F47184 Confirmation of byelaws. C16
185. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50
F51188 As to regulations of local authority.
The provisions of this Act relating to byelaws shall not apply to any regulations which a local authority is by this Act authorised to make; nevertheless, any local authority may cause any regulations made by them under this Act to be published in such manner as they think fit.
189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52
201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53
202. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54
204. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55
205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56
206. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57
Part VI RATING AND BORROWING POWERS, &c.
Expenses of Urban Authority and Urban Rates
General Provisions as to Urban Rates
207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58
211. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59
212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60
213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61
216. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62
218. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63
224. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64
225. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65
227. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66
228 Quota of rates to be paid by the Universities, &c.
Nothing in this Act shall be deemed to alter or interfere with any liability existing at the time of the passing of this Act of the Universities of Oxford and Cambridge respectively to contribute towards the expenses of paving and pitching repairing lighting and cleansing, under the powers of any local Act under which the Oxford and Cambridge commissioners respectively act, the several streets and places within the jurisdiction of such commissioners respectively.
If any difference arises between either of the said universities and the urban authority with respect to the proportion and manner in which the university shall contribute towards any expenses under this Act, and to which the university is not liable under any such local Act, the same shall be settled by arbitration in manner provided by this Act.
All rates, contributions, and sums of money which may become payable under this Act by the said universities respectively, and their respective halls and colleges, may be recovered from such universities halls and colleges in the same manner in all respects as rates contributions and sums of money may now be recovered from them by virtue of any such local Act.
229. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67
230. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68
232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69
233. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70
234. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71
235. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72
236. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73
240. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74
242. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75
244. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F76
245. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77
248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78
249. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79
Part VII LEGAL PROCEEDINGS
Prosecution of Offences and Recovery of Penalties, &c.
C20251 Summary proceedings for offences, penalties, &c. F157
All offences under this Act, and all penalties forfeitures costs and expenses under this Act directed to be recovered in a summary manner, or the recovery of which is not otherwise provided for, may be prosecuted and recovered in manner directed by the Summary Jurisdiction Acts before a court of summary jurisdiction. The court of summary jurisdiction, when hearing and determining an information or complaint under this Act, shall be constituted of two or more justices of the peace in petty sessions, sitting at a place appointed for holding petty sessions, or of some magistrate or officer for the time being empowered by law to do alone any act authorised to be done by more than one justice of the peace sitting at some court or other place appointed for the administration of justice.
252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80
253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81
254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82
255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83
256. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84
F85258 Justices may act though members of local authority or liable to contribute.
No justice of the peace shall be deemed incapable of acting in cases arising under this Act . . . F86 by reason of his being as one of several ratepayers, or as one of any other class of persons liable in common with the others to contribute to, or to be benefited by any rate or fund, out of which any expenses incurred by such authority are under this Act to be defrayed.
259. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87
F158261 Demands below 50L. may be recovered in county court.
Proceedings for the recovery of demands below fifty pounds, which local authorities are empowered to recover in a summary manner, may, at the option of the local authority, be taken in the county court as if such demands were debts within the cognizance of such courts.
262. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F88
263. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89
264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F90
C22265 Protection of local authority and their officers from personal liability. C21
No matter or thing done, and no contract entered into by any local authority or joint board or port sanitary authority, and no matter or thing done by any member of any such authority or by any officer of such authority or other person whomsoever acting under the direction of such authority, shall, if the matter or thing were done or the contract were entered into bona fide for the purpose of executing this Act, subject them or any of them personally to any action liability claim or demand whatsoever; and any expense incurred by any such authority member officer or other person acting as last aforesaid shall be borne and repaid out of the fund or rate applicable by such authority to the general purposes of this Act.
Provided that nothing in this section shall exempt any member of any such authority from liability to F159make any payment in pursuance of section 19 or 20 of the Local Government Finance Act 1982.
Notices
F91266 Notices, &c. may be printed or written.
Notices orders and other such documents under this Act may be in writing or print, or partly in writing and partly in print; and if the same require authentication by the local authority, the signature thereof by the F92proper officer of the authority shall be sufficient authentication.
F93267 Service of notices.
Notices orders and any other documents required or authorised to be served under this Act may be served by delivering the same to or at the residence of the person to whom they are respectively addressed, or where addressed to the owner or occupier of premises by delivering the same or a true copy thereof to some person on the premises, or if there is no person on the premises who can be so served by fixing the same on some conspicuous part of the premises; they may also be served by post by a prepaid letter, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the notice order or other document was properly addressed and put into the post.
Any notice by this Act required to be given to the owner or occupier of any premises may be addressed by the description of the “owner or “occupier of the premises (naming them) in respect of which the notice is given, without further name or description.
268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F94
Appeal
F160269 Appeal to quarter sessions.
Where any person deems himself aggrieved by any rate made under the provisions of this Act, or by any order conviction judgment or determination of or by any matter or thing done by any court of summary jurisdiction, such person may appeal therefrom, subject to the conditions and regulations following:
1
2
The appellant shall, within fourteen days after the cause of appeal has arisen, give notice to the other party and to the authority or court of summary jurisdiction by whose act he deems himself aggrieved, of his intention to appeal, and of the ground thereof:
3
The appellant shall, immediately after such notice, enter into a recognizance before a justice of the peace, with two sufficient sureties, conditioned personally to try such appeal, and to abide the judgment of the court thereon, and to pay such costs as may be awarded by the court, or give such other security by deposit of money or otherwise as the justice may allow:
4
Where the appellant is in custody the justice may, on the appellant entering into such recognizance or giving such other security as aforesaid, release him from custody: C23
5
On appeals under this Act against any rate the court of appeal shall have the same power to amend or quash any rate or assessment, and to award costs between the parties to the appeal, as is or may by law be vested in F161the Crown Court with respect to amending or quashing any rate or assessment, or awarding costs, on appeals with respect to rates for the relief of the poor; and the costs awarded by the said court under this Act may be recovered in the same manner in all respects as costs awarded on the last-mentioned appeals: Provided that, notwithstanding the quashing of any rate appealed against, all moneys charged by such rate shall, if the court of appeal think fit so to order, be levied as if no appeal had been made, and such moneys, when paid, shall be taken as payment on account of the next effective rate for the purposes in respect of which the quashed rate was made:
6
F162In the case of other appeals the court of appeal may if it thinks fit adjourn the appeal, and on the hearing thereof may confirm reverse or modify the decision of the court of summary jurisdiction, or remit the matter to the court of summary jurisdiction with the opinion of the court of appeal thereon, or make such other order in the matter as the court thinks just. The court of appeal may also make such order as to costs to be paid by either party as the court thinks just:
7
The decision of the court of appeal shall be binding on all parties: Provided that the court of appeal may, if such court thinks fit, state the facts specially for the determination of a superior court.
Part VIII ALTERATION OF AREAS AND UNION OF DISTRICTS
270. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F95
271. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F96
275. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F97
276. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F98
277. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F99
278. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F100
Union of Districts
279. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F101
F102285 Power to execute works in adjoining districts, and to combine for execution of works.
Any local authority may, with the consent of the local authority of any adjoining district, execute and do in such adjoining district all or any of such works and things as they may execute and do within their own district, and on such terms as to payment or otherwise as may be agreed on between them and the local authority of the adjoining district; moreover two or more local authorities may combine together for the purpose of executing and maintaining any works that may be for the benefit of their respective districts or any part thereof. All moneys which any local authority may agree to contribute for defraying expenses incurred under this section shall be deemed to be expenses incurred by them in the execution of works within their district.
286. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F103
287. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F104
291. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F105
292. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F106
Part IX LOCAL GOVERNMENT BOARD
Inquiries by Board
293. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F107
295X3Orders of Board under this Act. C24
296. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F108
Provisional Orders by Board
297X2As to provisional orders made by Local Government Board. C17
With respect to provisional orders authorised to be made by F109the Secretary of State under this Act, the following enactments shall be made:—
1
F109The Secretary of State shall not make any provisional order under this Act unless public notice of the purport of the proposed order has been previously given by advertisement in two successive weeks in some local newspaper circulating in the district to which such provisional order relates:
2
Before making any such provisional order, F109the Secretary of State shall consider any objections which may be made thereto by any person affected thereby, and in cases where the subject matter is one to which a local inquiry is applicable, shall cause to be made a local inquiry, of which public notice shall be given in manner aforesaid, and at which all persons interested shall be permitted to attend and make objections:
3
F109The Secretary of State may submit to Parliament for confirmation any provisional order made by it in pursuance of this Act, but any such order shall be of no force whatever unless and until it is confirmed by Parliament:
4
If while the Bill confirming any such order is pending in either House of Parliament, a petition is presented against any order comprised therein, the Bill, so far as it relates to such order, may be referred to a Select Committee, and the petitioner shall be allowed to appear and oppose as in the case of private Bills:
F1105
Any Act confirming any provisional order made in pursuance of any of the Sanitary Acts or of this Act, any Order in Council made in pursuance of any of the Sanitary Acts, and any order made under this Act and brought into operation in accordance with the provisions of the M3Statutory Orders (Special Procedure) Act 1945, may be repealed, altered or amended—
a
in the case of an Act confirming a provisional order made under section 279 of this Act or an order amending such an Act, by an order made by the F111Secretary of State which shall be subject to special parliamentary procedure;
b
in any other case, by a provisional order made by that Minister and confirmed by Parliament:
6
F109The Secretary of State may revoke, either wholly or partially, any provisional order made by them before the same is confirmed by Parliament, but such revocation shall not be made whilst the Bill confirming the order is pending in either House of Parliament:
7
The making of a provisional order shall be prima facie evidence that all the requirements of this Act in respect of proceedings required to be taken previously to the making of such provisional order have been complied with:
8
Every Act confirming any such provisional order shall be deemed to be a public general Act.
298 Costs of provisional orders. C18
The reasonable costs of any local authority in respect of provisional orders made in pursuance of this Act, and of the inquiry preliminary thereto, as sanctioned by F112the Secretary of State, whether in promoting or opposing the same, shall be deemed to be expenses properly incurred for purposes of this Act by the local authority interested in or affected by such provisional orders, and such costs shall be paid accordingly; and if thought expedient by F112the Secretary of State, the local authority may contract a loan for the purpose of defraying such costs.
299. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F113
Powers of Board in relation to Local Acts, &c.
F114303 Power to repeal and alter local Acts. C19
F115The Secretary of State may, on the application of the local authority of any district, by provisional order, wholly or partially repeal alter or amend any local Act, other than an Act for the conservancy of rivers, which is in force in any area comprising the whole or part of any such district, and not conferring powers or privileges on any persons or person for their or his own pecuniary benefit, which relates to the same subject matters as this Act.
Any such provisional order may provide for the extension of the provisions of the local Act referred to therein beyond the district or districts within the limits of such Act, or for the exclusion of the whole or a portion of any such district from the application of such Act; and may provide what local authority shall have jurisdiction for the purposes of this Act in any area which is by such order included in or excluded from such district.
304. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F116
Part X MISCELLANEOUS AND TEMPORARY PROVISIONS
Miscellaneous
F117305 Entry on lands for purposes of Act.
Whenever it becomes necessary for a local authority or any of their officers to enter examine or lay open any lands or premises for the purpose of making plans surveying measuring taking levels making keeping in repair or examining works, ascertaining the course of sewers or drains, or ascertaining or fixing boundaries, and the owner or occupier of such lands or premises refuses to permit the same to be entered upon examined or laid open for the purposes aforesaid or any of them, the local authority may, after written notice to such owner or occupier, apply to a court of summary jurisdiction for an order authorising the local authority to enter examine and lay open the said lands and premises for the purposes aforesaid or any of them.
If no sufficient cause is shown against the application the court may make an order accordingly, and on such order being made the local authority or any of their officers may, at all reasonable times between the hours of nine in the forenoon and six in the afternoon, enter examine or lay open the lands or premises mentioned in such order, for such of the said purposes as are therein specified, without being subject to any action or molestation for so doing: Provided that, except in case of emergency, no entry shall be made or works commenced under this section unless at least twenty-four hours notice of the intended entry, and of the object thereof, be given to the occupier of the premises intended to be entered.
F118306 Penalty on obstructing execution of Act.
Any person who wilfully obstructs any member of the local authority, or any person duly employed in the execution of this Act, . . . F119 shall, . . . F119 be liable for every such offence to a penalty not exceeding F120level 1 on the standard scale.
Where the occupier of any premises prevents the owner thereof from obeying or carrying into effect any provisions of this Act, any justice to whom application is made in this behalf shall, by order in writing, require such occupier to permit the execution of any works required to be executed, provided that the same appear to such justice to be necessary for the purpose of obeying or carrying into effect the provisions of this Act; and if within twenty-four hours after the making of the order such occupier fails to comply therewith, he shall be liable to a penalty not exceeding five pounds for every day during the continuance of such non-compliance.
If the occupier of any premises when requested by or on behalf of the local authority to state the name of the owner of the premises occupied by him, refuses or wilfully omits to disclose or wilfully mis-states the same, he shall (unless he shows cause to the satisfaction of the court for his refusal) be liable to a penalty not exceeding F120level 1 on the standard scale.
307. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F121
F164308 Compensation in case of damage by local authority.
Where any person sustains any damage by reason of the exercise of any of the powers of this Act, in relation to any matter as to which he is not himself in default, full compensation shall be made to such person by the local authority exercising such powers; and any dispute as to the fact of damage or amount of compensation shall be settled by arbitration in manner provided by this Act, or if the compensation claimed does not exceed the sum of twenty pounds, the same may at the option of either party be ascertained by and recovered before a court of summary jurisdiction.
309. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F122
310. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F123
312. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F124
313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F125
314. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F126
F127316 As to construction of incorporated Acts.
In the construction of the provisions of any Act incorporated with this Act the term “the special Act includes this Act, and, in the case of the M4Lands Clauses Consolidation Acts 1845, M51860, and M61869, any order confirmed by Parliament and authorising the purchase of lands otherwise than by agreement under this Act; the term “the limits of the special Act means the limits of the district; and the urban or rural authority shall be deemed to be “the promoters of the undertaking, “the commissioners, or “the undertakers, as the case may be.
All penalties incurred under the provisions of any Act incorporated with this Act shall be recovered and applied in the same way as penalties incurred under this Act.
317. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F128
318. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F129
319. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130
321. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F131
322. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F132
323. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133
324. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F134
Part XI SAVING CLAUSES AND REPEAL OF ACTS
Saving Clauses
326. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135
F136327 Saving for works and property of certain authorities, and for navigation and water rights, &c.
Nothing in this Act shall be construed to authorise any local authority—
1
To use injure or interfere with any sluices floodgate sewers groynes or sea defences or other works, already or hereafter made under the authority of any commissioners of sewers appointed by the Crown, or any sewers or other works already or hereafter made and used by any body of persons or person for the purpose of draining preserving or improving land under any local or private Act of Parliament, or for the purpose of irrigating land; or,
2
To disturb or interfere with any lands or other property vested in the F137Secretary of State for Defence for the time being; or,
3
To interfere with any river canal dock harbour lock reservoir or basin, so as to injuriously affect the navigation thereon, or the use thereof, or to interfere with any towing-path so as to interrupt the traffic thereof, in cases where any body of persons or person are or is by virtue of any Act of Parliament entitled to navigate on or use such river canal dock harbour lock reservoir or basin, or to receive any tolls or dues in respect of the navigation thereon or use thereof; or,
4
To interfere with any watercourse in such manner as to injuriously affect the supply of water to any river canal dock harbour reservoir or basin, in cases where any such body of persons or person as last aforesaid would, if this Act had not passed, have been entitled by law to prevent or be relieved against such interference; or,
5
To interfere with any bridges crossing any river canal dock harbour or basin, in cases where any body of persons or person are or is authorised by virtue of any Act of Parliament to navigate or use such river canal dock harbour or basin, or to demand any tolls or dues in respect of the navigation thereon or use thereof; or,
6
To execute any works in through or under any wharves quays docks harbours or basins, to the exclusive use of which any body of persons or person are or is entitled by virtue of any Act of Parliament, or for the use of which any body of persons or person are or is entitled by virtue of any Act of Parliament to demand any tolls or dues,—
Without the consent in every case of such . . . F138 Secretary of State, commissioners, body of persons or person as are herein-before in that behalf respectively mentioned, such consent to be expressed in writing in the case of a corporation under their common seal, and in the case of any body of persons not being a corporation under the hand of their clerk or other duly authorised officer or agent. And nothing in this Act shall prejudice or affect the rights privileges powers or authorities given or reserved to any person under such local or private Acts for draining preserving or improving land as are in this section mentioned.
F139328 Reference to arbitration in case of works not within preceding section.
Where any matters or things proposed to be done by any local authority, and not being within the prohibition aforesaid, interfere with the improvement of any river canal dock harbour lock reservoir basin or towing-path which any body of persons or person are or is entitled by virtue of any Act of Parliament to navigate on or use, or in respect of the navigation whereon or use whereof to demand any tolls or dues, or interfere with any works belonging to such river canal dock harbour or basin, or with any land necessary for the enjoyment or improvement thereof, the local authority shall give to such body of persons or person a notice specifying the particulars of the matters and things so intended to be done. If the parties on whom such notice is served do not consent to the requisitions thereof, the matter in difference shall be referred to arbitration; and the following questions shall be decided by such arbitration; (that is to say,)
1
Whether the matters or things proposed to be done by the local authority will cause any injury to such river canal dock harbour basin towing-path works or land, or to the enjoyment or improvement of such river canal dock harbour or basin as aforesaid:
2
Whether any injury that may be caused by such matters or things, or any of them, is or is not of a nature to admit of being fully compensated by money.
F140329 Effect of arbitration.
The result of any such arbitration shall be final, and the local authority shall do as follows; (that is to say,)
1
If the arbitrators are of opinion that no injury will be caused, the local authority may forthwith proceed to do the proposed matters and things:
2
If the arbitrators are of opinion that injury will be caused, but that such injury is of a nature to admit of being fully compensated by money, they shall proceed to assess such compensation; and on payment of the amount so assessed, but not before, the local authority may proceed to do the proposed matters and things:
3
If the arbitrators are of opinion that injury will be caused, and that it is not of a nature to admit of being fully compensated by money, the local authority shall not proceed to do any matter or thing in respect of which such opinion may be given.
330. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F141
338. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F142
339. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F143
F165340 Saving for proceedings under local Acts.
Where within the district of a local authority any local Act is in force, providing for purposes the same as or similar to the purposes of this Act, proceedings may be instituted at the discretion of the authority or person instituting the same, either under the local Act or this Act, or both, subject to these qualifications:
1
That no person shall be punished for the same offence both under a local Act and this Act; and
2
That the local authority shall not, by reason of any local Act in force within their district, be exempted from the performance of any duty or obligation to which they may be subject under this Act.
F166341 Powers of Act to be cumulative.
All powers given by this Act shall be deemed to be in addition to and not in derogation of any other powers conferred by Act of Parliament law or custom, and such other powers may be exercised in the same manner as if this Act had not passed; and nothing in this Act shall exempt any person from any penalty to which he would have been subject if this Act had not been passed.
Provided that no person who has been adjudged to pay any penalty in pursuance of this Act shall for the same offence be liable to a penalty under any other Act.