Public Health Act 1936 (c. 49)

Part XII E+W General

Modifications etc. (not altering text)

C1 Pt. XII (ss. 271-347) modified (7.8.1991) by S.I. 1991/1773, art. 8, Sch.2.

C2 Pt. XII (ss. 271-347) applied (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 115(8), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).

Pt. XII (ss. 271-347) applied (with modifications)(E.W.)(27.8.1993) by 1993 c. 11, ss. 24(1)-(3), (with s. 66(1), Sch. 3 para. 2)

C3 Pt. XII modified (E.) (6.4.2010) by The Cowes Port Health Authority Order 2010 (S.I. 2010/1216), arts. 1(1), 4, Sch.

C4 Pt. XII modified (E.) (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I. 2010/1218), arts. 1(1), 4, Sch.

C5 Pt. XII modified (E.) (6.4.2010) by The Cornwall Port Health Authority Order 2010 (S.I. 2010/1215), arts. 1(1), 4, Sch. (with art. 2)

C6 Pt. XII modified (E.) (6.4.2010) by The Portsmouth Port Health Authority Order 2010 (S.I. 2010/1217), arts. 1(1), 4, Sch.

C7 Pt. XII modified (E.) (6.4.2010) by The Bristol Port Health Authority Order 2010 (S.I. 2010/1214), arts. 1, 4, Sch.

C8 Pt. XII modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

C9 Pt. XII functions transferred and modified (E.) (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2

C10 Pt. XII functions transferred and modified (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))

C11 Pt. XII extended and amended (Greater London) by London Government Act 1963 (c. 33), Sch. 11 Pt. I para. 24; amended by Health and Safety at Work etc. Act 1974 (c 37), s. 76(1)

C12 Functions of the Minister of Housing and Local Government under Pt. XII in relation to or in consequence of ss. 25, 37, 38, 43, 53-55, 59(1), 60 (so far as it relates to proposed buildings), 61-67, 69-71, 137 now exercisable by Secretary of State: S.I. 1964/263, art. 2(2), Sch. Pt. II and 1970/1681, art. 2(1)

C13 Functions of the Minister of Housing and Local Government under Pt. XII in relation to s. 59(2)–(4) or s. 60 (so far as it relates to buildings other than proposed buildings) now exercisable by Secretary of State: S.I. 1964/263, art. 3

C14 References to local authorities and their districts in Pt.XII so far as it relates to ss. 15-24, 27-31, 33-36, 42 to be construed respectively as references to water authorities and their areas: Water Act 1973 (c. 37), s. 14(2)

C15 Pt. XII (ss. 271–347) extended by Highways Act 1980 (c. 66, SIF 59), s. 166(4)

C16 Pt. XII amended by Housing and Building Control Act 1984 (c. 29, SIF 61), s. 60(1)

C17 Power to apply conferred (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 68(1)(c)

C18 Pt. XII modified by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 paras. 3(7), 4(6) (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(2)(3), 17, 40(4), 57(6), 58)

C19 Pt. XII (ss. 271-347) modified (1.10.1992) by S.I. 1991/2913, art. 8, Sch.2.

Interpretation, transitory provisions, repeals, &c. E+W

342 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W

Textual Amendments

F1 Ss. 335, 336, 342 repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

343 Interpretation. E+W

F2 (1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them—

• “authorised officer” means, as respects any council, an officer of the council authorised by them in writing, either generally or specially, to act in matters of any specified kind, or in any specified matter:

• Provided that the medical officer of health, surveyor and sanitary inspector of a council shall, by virtue of their appointments, be deemed to be authorised officers for the purpose of matters within their respective provinces:

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

• “clerk,” in relation to a local authority being the council of a borough, means the town clerk;

• “coastal waters” means waters within a distance of three nautical miles from any point on the coast measured from low-water mark of ordinary spring tides;

• [F5 “contributory place” means a rating district within the meaning of the M1 General Rate Act 1967.].

• “county” means an administrative county;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

• “dock undertakers” means persons who are statutory undertakers in respect of a dock, harbour, canal, or inland navigation;

• “drain” means a drain used for the drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilage;

• “dustbin” means a movable receptacle for the deposit of ashes or refuse;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

• “enactment” includes any enactment in a provisional order confirmed by Parliament;

• “factory” means a factory within the meaning of the [F6 Factories Act 1961];

• F2 ...

• “functions” includes powers and duties;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

• “house” means a dwelling-house, whether a private dwelling-house or not;

• “inland waters” includes rivers, harbours and creeks;

• “joint board” means a joint board constituted under this Act or under any Act repealed by this Act, [F8 other than] a port health authority;

• “land” includes any interest in land and any easement or right in, to or over land;

• [F9 “ land drainage authority ” [F10 means the Environment Agency, the Natural Resources Body for Wales or an] internal drainage board; and ]

• “local Act” includes a provisional order confirmed by Parliament and the confirming Act so far as it relates to that order;

• “local authority” has the meaning assigned to it in section one of this Act;

• . . . F11

• “Minister” means the [F12 Secretary of State];

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

• “officer” includes servant;

• “owner” means the person for the time being receiving the rackrent of the premises in connection 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 those premises were let at a rackrent;

• . . . F14

• “prejudicial to health” means injurious, or likely to cause injury, to health;

• “premises” includes messuages, buildings, lands, easements and hereditaments of any tenure;

• “private sewer” means a sewer which is not a public sewer;

• [F9 “ public sewer ” means a sewer for the time being vested in a sewerage undertaker in its capacity as such, whether vested in that undertaker by virtue of a scheme under Schedule 2 to the Water Act 1989 or Schedule 2 to the Water Industry Act 1991 or under section 179 of that Act of 1991 or otherwise; ]

• “rackrent” in relation to any property means a rent which is not less than two-thirds of 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, F15 . . . 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;

• “railway company” means persons who are statutory undertakers in respect of a railway undertaking;

• F16 . . .

• “sewer” does not include a drain as defined in this section but, save as aforesaid, includes all sewers and drains used for the drainage of buildings and yards appurtenant to buildings;

• “statutory order” means an order, rule or regulation made under any enactment;

• “statutory scheme” means a scheme made under any enactment;

• “statutory undertakers” means any persons authorised by an enactment or statutory order to construct, work or carry on any railway, canal, inland navigation, dock, harbour, tramway, [F17 gas], . . . F18 , . . . F19 or other public undertaking;

• “street” includes any highway, including a highway over any bridge, and any road, lane, footway, square, court, alley or passage, whether a thoroughfare or not;

• “vessel” has the same meaning as [F20 ship in the Merchant Shipping Act 1995];

• “waterworks” includes streams, springs, wells, pumps, reservoirs, cisterns, tanks, aqueducts, cuts, sluices, mains, pipes, culverts, engines and all machinery, lands, buildings and things for supplying, or used for supplying, water, or used for protecting sources of water supply;

• “workplace” does not include a factory F21 . . ., but save as aforesaid includes any place in which persons are employed otherwise than in domestic service;

• F16 . . .

(2) In the construction of any enactment incorporated with this Act, the expressions “the undertakers” and “the special Act” shall be construed as meaning respectively the local authority and this Act.

(3) Nothing in this section shall affect the interpretation of expressions which are used in any local Act, statutory order or scheme passed or made before the commencement of this Act and are defined as having for the purposes thereof the same meaning as in some enactment repealed by this Act.

Textual Amendments

F2 Words in s. 343(1) repealed (7.9.2004 for E. for specified purposes, 1.10.2004 for E. in so far as not already in force, 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 6, Sch. 2; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F3 Definitions of “bridge authority”, “county district”, “emoluments” repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1, Sch. 1 Pt. IV

F4 Definition of “building regulations” repealed by Health and Safety at Work etc. Act 1974 (c. 37), Sch. 10

F5 Definition substituted by Local Government Act 1972 (c. 70), Sch. 14 Pt. I para. 22

F6 Words in s. 343(1) substituted (5.11.1993) by 1993 c. 50, s. 1(2), Sch. 2 Pt. II para. 25

F7 Definitions of “highway authority” and “hospital” repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1, Sch. 1 Pt. IV

F8 Words substituted by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 2 para. 5

F9 Definitions in s. 343 substituted (1.12.1991) by Water Consolidation (Consequential Provisions) Act 1991 (c. 60), ss. 2, 4(2), Sch. 1 para. 2(4).

F10 Words in s. 343(1) substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (No. 755), art. 1(2), Sch. 2 para. 1 (with Sch. 7)

F11 Definition of “London” repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

F12 Words substituted by virtue of S.I. 1951/142 (1951I, p. 1348), arts. 3, 5(2), Sch. Pts I, II, 1951/753 (1951 I, p. 1354), arts. 2, 8(1), Sch. 1 1951/900 (1951 I, p. 1347), art. 1, 1964/263, arts. 2, 3, 5(1), Sch. Pts. I, II, (W.) 1965/319, arts. 2(1) 10(1), Sch. 1 Pts. I, II, 1966/692, arts. 2, 5(1)(a) 1968/1699, arts. 2, 5(4)(a) and 1970/1681, arts. 2(1), 6(3)

F13 Definition of “notifiable disease” repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3

F14 Definition of “planning scheme” repealed by Town and Country Planning Act 1947 (c. 51), Sch. 9 Pt. II

F15 Words in s. 343(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 3

F16 S. 343: definitions repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 3

F17 Word repealed (E.W.) by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I

F18 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

F19 Word repealed by Water Act 1989 (c. 15, SIF 130), s. 190(3), Sch. 27 Pt. I (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), 17, 40(4), 41(1), 57(6), 58)

F20 Words in definition of “vessel” in s. 343(1) substituted (1.1.1996) by 1995 c. 21, s. 314(2), Sch. 13 para. 15 (with s. 312(1))

F21 Words in s. 343(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group 3

Modifications etc. (not altering text)

C20 Definition of vessel extended by Health Services and Public Health Act 1968 (c. 46), s. 62(1)

Marginal Citations

M1 1967 c. 9.

344 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22 E+W

Textual Amendments

F22 S. 344 repealed by Building Act 1984 (c. 55, SIF 15), s. 133(2), Sch. 7

345 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23 E+W

Textual Amendments

F23 S. 345 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1, Sch. 1 Pt. IV

346 Repeals. E+W

(1) . . . F24

(a) save as expressly provided in this Act, nothing in this repeal shall affect any byelaw in force at the commencement of this Act, and, while such a byelaw continues in force by virtue of this proviso, any question as to its application or interpretation shall be determined as if this Act had not been passed;

(b) nothing in this repeal shall affect the constitution of any authority, board or committee constituted for any district or area under any enactment repealed by this Act, and any such authority, board or committee shall continue to act for that district or area as if they and it had been constituted under the corresponding provisions of this Act;

(c) in so far as any appointment, agreement, scheme, order, rule, regulation, [F25 byelaw,] requirement, apportionment or representation made, or any resolution passed, or any notice, direction, consent, sanction, approval, exemption or certificate given under any enactment repealed by this Act, or any charge conferred by, or any conditions imposed, or any proceeding instituted, or any other thing done, under any such enactment, could have been made, passed, given, conferred, imposed, instituted or done under or by a corresponding provision of this Act, it shall not be invalidated by this repeal, but shall have effect as if it had been made, passed, given, conferred, imposed, instituted or done under or by that corresponding provision and, in the case of any legal proceeding, may be continued and appealed against as if this Act had not been passed;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

(e)(f) . . . F27

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

(3) Any document referring to any Act or enactment repealed by this Act shall be construed as referring to this Act or to the corresponding enactment, if any, in this Act.

(4) The mention of particular matters in this section shall not be held to prejudice or affect the general application of [F29 sections 16(1) and 17(2)(a) of the M2 Interpretation Act 1978], with regard to the effect of repeals.

Textual Amendments

F24 Words repealed by Statute Law Revision Act 1950 (c. 6), Sch. 1

F25 Word inserted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 47, Sch. 6 para. 5

F26 S. 346(1)(d) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1, Sch. 1 Pt. IV

F27 S. 346(1)(e)(f) repealed by Statute Law Revision Act 1950 (c. 6), Sch. 1

F28 S. 346(2) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1, Sch. 1 Pt. IV

F29 Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 25(2)

Marginal Citations

M2 1978 c. 30.

347 †Short title, date of commencement and extent. E+W

(1) This Act may be cited as the Public Health Act 1936,

. . . F30

(2) This Act shall not extend to Scotland nor, except as otherwise expressly provided, to Northern Ireland . . . F31

Textual Amendments

F30 Words repealed by Statute Law Revision Act 1950 (c. 6), Sch. 1

F31 Words repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

Modifications etc. (not altering text)

C21 Unreliable marginal note