Public Health (Scotland) Act 1897

1. Introductory Text

2. Preliminary.

   1. 1. Short title.

   2. 2. Extent and commencement of Act.

   3. 3. Definitions.

   4. 4. Incorporation of Acts.

3. PART I Authorities for Execution of Act.

   1. Central Authority.

      1. 5. Local Government Board to be central authority.

      2. 6. Powers of Board to inquire into sanitary conditions of district.

      3. 7. Power to Board to authorise special inquiries.

      4. 8. Power to Board to appoint commissioners for conducting special inquiries.

      5. 9. Power to Board to allow expenses of witnesses. &c.

      6. 10. Penalties on persons giving false evidence or refusing to obey summons of Board.

      7. 11. Power to Board to appoint clerks, &c.

   2. Local Authorities.

      1. 12. Local authorities to execute Act.

      2. 13. Where district in more than one county.

      3. 14. Local authorities to be bodies corporate. Committees may be appointed.

      4. 15. Local authority to appoint medical and other officers.

4. PART II Sanitary Provisions.

   1. General Nuisances.

      1. 16. Definition of nuisances.

      2. 17. Duty of local authority to inspect district for detection of nuisances.

      3. 18. Power of entry to local authority or their officers.

      4. 19. Information of nuisances to local authority.

      5. 20. Notice requiring removal of nuisance.

      6. 21. On non-compliance with notice local authority to proceed summarily.

      7. 22. Proceedings by local authority when nuisances are ascertained to exist.

      8. 23. Form of interlocutor.

      9. 24. Penalty for contravention of decree and of interdict.

      10. 25. Order when structural works are required.

      11. 26. Local authority to do works on owner's or occupier's default, or if person causing nuisance cannot be found.

      12. 27. Articles removed to be sold.

      13. 28. Foul ditches, &c. may be replaced by sewers.

      14. 29. Local authority may erect public waterclosets, &c.

      15. 30. Penalty for injuring closet, &c. so as to cause nuisance.

      16. 31. Waterclosets, &c. used in common.

   2. Offensive Trades.

      1. 32. Prohibition or regulation of certain offensive businesses, and byelaws as to offensive businesses.

      2. 33. Licensing of slaughter-houses.

      3. 34. Local authorities may provide a slaughter-house.

      4. 35. and make byelaws as to pigstyes.

      5. 36. Duty of local authority to complain to sheriff, &c. of nuisance arising from offensive trade.

      6. 37. Provision as to nuisance created by local authority in dealing with refuse.

   3. Scavenging and Cleansing.

      1. 38. Appeal against resolution of district committee as to formation of special scavenging, &c. districts.

      2. 39. Scavenging of highways, &c. within special districts.

      3. 40. Houses in filthy state to be purified.

      4. 41. Provision for obtaining order for cleansing offensive ditches lying near to or forming boundaries of districts.

      5. 42. Periodical removal of manure from mews and other premises.

   4. Unsound Food.

      1. 43. Inspection and destruction of unsound meat, &c.

5. PART III General Prevention and Mitigation of Disease.

   1. Infectious Diseases.—Notification.

      1. 44. Notification of infectious disease.

   2. Infectious Diseases.—Prevention.

      1. 45. Power to inspect premises where infectious disease supposed to exist.

      2. 46. Provision of means for disinfecting bedding, &c.

      3. 47. Cleansing and disinfecting of premises, &c.

      4. 48. Disinfection of bedding, &c.

      5. 49. Persons engaged in washing or mangling clothes to furnish list of owners of clothes in certain cases.

      6. 50. Infectious matter thrown into ash-pits, &c. to be disinfected.

      7. 51. Penalty on letting houses in which infected persons have been lodging.

      8. 52. Penalty on persons letting houses making false statements as to infectious disease.

      9. 53. Penalty on ceasing to occupy house without disinfection or notice to owner, or on making false answer.

      10. 54. Removal to hospital of infected persons without proper lodging.

      11. 55. Detention of infected persons without proper lodging in hospital.

      12. 56. Penalty on exposure of infected persons and things.

      13. 57. Penalty on sending child to school, so as to spread infection.

      14. 58. Prohibitions on infected person carrying on business.

      15. 59. Prohibition on conveyance, &c. of infected person in public conveyance.

      16. 60. Inspection of dairies, and power to prohibit supply of milk.

      17. 61. Dairymen to supply information and to produce list of customers and invoices.

      18. 62. Prohibition of retention of dead body in certain cases.

      19. 63. Body of person dying of infectious disease in hospital, &c. to be removed only for burial.

      20. 64. Disinfection of public conveyances if used for carrying corpses.

      21. 65. Byelaws as to public conveyances.

   3. Hospitals and Ambulances.

      1. 66. Power of local authority to provide hospitals.

      2. 67. Provision of conveyance for infected persons.

   4. Mortuaries, &c.

      1. 68. Power of local authority to provide mortuaries.

      2. 69. Power of sheriff, &c. in certain cases to order removal of dead body to mortuary.

      3. 70. Power of local authority to provide places for post-mortem examinations.

      4. 71. Power to sanitary authorities to unite for providing mortuary.

   5. Byelaws as to Houses let in Lodgings.

      1. 72. Power of local authority to make byelaws as to lodging-houses.

   6. Tents and Vans.

      1. 73. Tents and vans used for human habitation.

   7. Underground Dwellings.

      1. 74. Rules as to underground dwellings.

      2. 75. Penalty on letting underground dwellings.

      3. 76. Cases in which two convictions have occurred within three months.

   8. Vaccination.

      1. 77. Cost of vaccination.

6. PART IV Prevention of Epidemic Diseases.

   1. 78. General power of Board to make regulations.

   2. 79. Power of Board to make regulations for certain purposes.

   3. 80. Publication of regulations and orders.

   4. 81. Local authority to see to execution of regulations.

   5. 82. Power of entry.

   6. 83. Board may combine local authorities.

   7. 84. When regulation in force, overcrowded houses to come under common lodging-houses provisions.

   8. 85. Enforcement of regulations by Government officers, &c.

   9. 86. Regulations to be uniform.

   10. 87. Penalties.

   11. 88. Transfer of power under 39 & 40 Vict. c.36 s.234.

7. PART V

   1. Regulation of Common Lodging-Houses.

      1. 89. Common lodging-houses to be registered.

      2. 90. No lodger to be received in common lodging-house till it has been inspected and registered.

      3. 91. Evidence of register.

      4. 92. Power to local authority to make byelaws.

      5. 93. Copy of byelaws to be furnished gratis to keepers.

      6. 94. Power to local authority to require additional supply of water.

      7. 95. Power to local authority to order reports from keepers.

      8. 96. Local authority may remove sick persons to hospitals, &c.

      9. 97. As to giving notice of fever, &c. occurring.

      10. 98. Inspection.

      11. 99. Cleansing.

      12. 100. Conviction for third offence, &c. to disqualify persons from keeping common lodging-houses.

8. PART VI Sewers, Drains, and Water Supply.

   1. Sewers and Drains.

      1. 101. Sewers to be vested in local authority, &c.

      2. 102. Power to purchase sewers.

      3. 103. Power to make sewers. Sewers to be cleansed.

      4. 104. Notice to be given before commencing sewage works without district.

      5. 105. In case of objection, work not to be commenced without sanction of Board.

      6. 106. Inspector to hold inquiry and report to Board.

      7. 107. Protection for railways, canals, &c.

      8. 108. Powers of utilizing sewage.

      9. 109. Power of entry.

      10. 110. Power to drain into sewers of local authority.

      11. 111. Use of sewers by persons beyond district.

      12. 112. Penalty for making unauthorised drains.

      13. 113. Estimates for work.

      14. 114. Not to build over sewers, &c.

      15. 115. Sewers to be trapped.

      16. 116. Distilleries, &c. to deposit refuse.

      17. 117. Prohibition against interrupting free flow of sewage.

      18. 118. Placing carcases in running water, &c.

      19. 119. Drain discharging below low-water mark.

      20. 120. As to drainage of houses.

      21. 121. Local authorities may combine as to sewerage.

      22. 122. Special drainage districts.

      23. 123. Works of distribution of sewage to be deemed a land improvement.

   2. Water Supply.

      1. 124. Supply of water for burghs.

      2. 125. Local authority to require water to be supplied to houses in certain cases.

      3. 126. Supply of water for districts other than burghs.

      4. 127. Penalty for causing water to be corrupted by gas washings, &c.

      5. 128. Penalties to be sued for within six months.

      6. 129. Daily penalty during continuance of offence.

      7. 130. Local authorities may combine as to water supply.

      8. 131. Special water supply districts.

      9. 132. Incorporation of Waterworks Clauses Acts.

9. PART VII Rating and Borrowing Powers.

   1. Assessments.

      1. 133. Special sewer assessment.

      2. 134. Special water assessment.

      3. 135. General assessments in districts other than burghs.

      4. 136. General assessments in burghs.

      5. 137. Limit of assessment.

      6. 138. Burghs not to be assessed for public health rate in counties.

   2. Borrowing Powers.

      1. 139. Power of borrowing for sewers.

      2. 140. Power of borrowing for water supply.

      3. 141. Power of borrowing for hospitals, &c.

      4. 142. Power to Public Works Loan Commissioners to lend to local authority for sanitary purposes.

      5. 143. Audit.

10. PART VIII Acquisition of Lands.

    1. 144. Power to acquire lands.

    2. 145. Regulations as to compulsory purchase of lands, &c.

11. PART IX Legal Proceedings.

    1. Enforcement of and Procedure under Act.

       1. 146. Procedure if local authority neglect its duty under Act Procedure under 18 & 19 Vict. c.68.

       2. 147. Provision for refusal or neglect of local authority.

       3. 148. Procurator fiscal may sue by directions of Board.

       4. 149. Procedure where nuisance beyond district.

       5. 150. Local authority may require payment of costs, &c. from owner or occupier, and occupier paying to deduct from rent.

       6. 151. Penalty for wilful damage of works.

       7. 152. Appearance of local authorities in legal proceedings.

       8. 153. Recovery of penalties.

       9. 154. Form of applications to the sheriff, &c.

       10. 155. No written pleadings, &c. allowed.

       11. 156. Appeal in certain cases.

       12. 157. No appeal otherwise.

       13. 158. Justices, &c. being members of local authority may act.

       14. 159. Service of notices, petitions, and orders.

       15. 160. Proof of regulations of local authority and Board.

       16. 161. One or more joint owners may be proceeded against alone.

       17. 162. Penalty on occupier obstructing owner.

       18. 163. Penalty for violating Act or obstructing its execution.

       19. 164. Compensation to be made.

       20. 165. Convictions not void for want of form.

       21. 166. Local authority or Board not liable for irregularity of their officers.

       22. 167. Forms.

       23. 168. Exemption from stamp duties.

       24. 169. Police constables to aid in executing Act.

       25. 170. Act not to impair right of action, &c.

       26. 171. Powers of Act cumulative.

12. PART X Port Sanitary Authority.

    1. 172. Constitution of port local authorities.

    2. 173. Jurisdiction of port local authority.

    3. 174. Delegation of powers by port local authority.

    4. 175. Expenses of port local authority.

    5. 176. Proceedings for raising a sum for payment of debt within district of a defaulting authority.

13. PART XI Miscellaneous.

    1. Provisions as to Ships.

       1. 177. Provision as to ships within the jurisdiction of local authority.

       2. 178. Provision as to district of local authority extending to place where ships are lying.

       3. 179. Charge for medical officer attending sick on board any ship and to be paid by captain.

       4. 180. Power to remove to hospital sick persons brought by ship.

    2. Provisions as to Buildings.

       1. 181. Byelaws as to regulation of buildings.

       2. 182. Penalty for erecting buildings on ground filled up with offensive matter.

    3. Provisions as to Byelaws.

       1. 183. Authentication of byelaws.

       2. 184. Power to impose penalties on breach of byelaws.

       3. 185. Confirmation of byelaws.

       4. 186. Byelaws to be printed, &c.

       5. 187. Evidence of byelaws.

       6. 188. As to regulations of local authority.

14. PART XII Saving Clauses and Repeals.

    1. Saving Clauses.

       1. 189. Act not to affect navigation of rivers or canals, or irrigation of lands.

       2. 190. Saving of certain Acts.

       3. 191. Saving for county councils and standing joint committees.

       4. 192. Saving of local Acts.

       5. 193. Reference to Public Health Acts.

       6. 194. Exemption of Government property from building regulations.

       7. 195. Application of Act to city of Aberdeen.

    2. Repeal of Acts.

       1. 196. Repeal of Acts.

15. SCHEDULES..

    1. FIRST SCHEDULE

       Enactments Repealed.

    2. SECOND SCHEDULE