Public Health Act 1936

Powers of the Minister E+W

312 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W

Textual Amendments

F1 S. 312 repealed by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), Sch. 2

313, 314. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W

Textual Amendments

F2 Ss. 313, 314 repealed with saving by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), s. 27(6), Sch. 2

315 Existing isolation hospital committees to be dissolved. E+W

(1) Before the expiration of two years from the commencement of this Act, the Minister shall by order dissolve every hospital committee constituted under the M1 Isolation Hospitals Acts 1893 M2 and 1901, and transfer the property and liabilities of the committee—

(i) if the committee consist wholly of representatives of a county council, or of a single local authority, to that council or authority; and

(ii) if the committee consist wholly of representatives of two or more local areas, or partly of such representatives and partly of representatives of a county council, to a joint board to be constituted by the order for the same local areas and consisting, in the first case, of members to be appointed by the local authorities for those areas and, in the second case, of members to be so appointed together with members to be appointed by the county council:

Provided that, if the committee request the Minister so to do, the Minister, in lieu of transferring their property and liabilities to a county council or joint board, may order their property to be disposed of, and, if the committee represent two or more councils or authorities, may order the proceeds of such disposal and the liabilities of the committee to be apportioned between the constituent councils and authorities as he may think fit.

(2) Before making an order under this section, the Minister shall cause a local inquiry to be held, if he is requested so to do by any council who are represented on the isolation hospital committee.

(3) A joint board constituted by an order under this section shall be a body corporate by such name as may be determined by the order and shall have perpetual succession and a common seal . . . F3

(4) A joint board so constituted shall be deemed to be a joint board constituted under section six of this Act and the provisions of this Act relating to joint boards constituted under that section shall apply accordingly, except that the order constituting the board shall not [F4 be subject to special Parliamentary procedure.]

Textual Amendments

F3 Words repealed by Charities Act 1960 (c. 58), Sch. 7 Pt. II

F4 Words substituted by S.I. 1949/2393 (1949 I, p. 3973), art. 3, Sch. 2

Marginal Citations

M1 1893 c. 68.

M2 1901 c. 8.

316 Adaptation, where necessary, of provisional order procedure. E+W

(1) In relation to any order made by the Minister under this Act which [F5 is subject to special Parliamentary procedure] but was not made on the application of any local authority, [F6 section two hundred and forty of the M3 Local Government Act 1972] (which relates to the procedure for making [F5 such] orders), shall have effect as if for references therein to the applicants for the order and to the application for the order there were substituted respectively references to the Minister and to the order proposed to be made by him.

(2) The expenses incurred by the Minister in connection with the making and confirmation of any such order as aforesaid shall be paid by such council, or by such councils in such shares, as he may direct, and the amount of those expenses as certified by him, or the amount of any share thereof so certified, shall be recoverable by him from the council liable therefor as a debt due to the Crown.

Textual Amendments

F5 Words substituted by S.I. 1949/2393 (1949 I, p. 3973), art. 3, Sch. 2

F6 Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)

Marginal Citations

M3 1972 c. 70.

317 Amendment of 38 & 39 Vict. c. 55. s. 303. E+W

In section three hundred and three of the M4 Public Health Act 1875 (which relates to the power of the Minister to repeal and alter local Acts by means of provisional orders), the reference to any local Act which relates to the same subject-matters as that Act shall be construed as including a reference to any local Act which relates to the same subject-matters as this Act.

Modifications etc. (not altering text)

C1 S. 317 extended by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 77, Sch. 1 para. 5(a) and by Building Act 1984 (c.55, SIF 15), s. 132, Sch. 5 para. 3(a)

Marginal Citations

M4 1875 c. 55.

318 Local inquiries. E+W

The Minister may cause a local inquiry to be held in any case where he is authorised by this Act to determine any difference, to make any order, to frame any scheme, to give any consent, confirmation, sanction or approval, or otherwise to act under this Act, and in any other case where he deems it advisable that a local inquiry should be held in relation to any matter concerning the public health in any place.