Public Health Act 1936

SCHEDULES.

Section 3(3).

FIRST SCHEDULE Provisions as to Medical Officers of Health and Sanitary Inspectors of Port Health Districts.

Qualifications, duties, &c.

1 The Minister may by regulations prescribe—

(a) the qualifications to be held and the duties to be performed by medical officers of health of port health districts;

(b) the mode of appointment and terms as to salary and tenure of office of medical officers of health and sanitary inspectors of port health districts, and the qualifications and duties of such sanitary inspectors.

Regulations made under this paragraph shall be laid before Parliament.

2 (1) Compliance with the regulations made under sub-paragraph (a) of the preceding paragraph shall be obligatory on every port health authority; compliance with the regulations made under sub-paragraph (b) thereof shall not be obligatory on any such authority, but compliance therewith shall be a condition of the right of the authority to receive from a county council or county borough council any such payment as is mentioned in the next succeeding paragraph of this Schedule.

(2) A medical officer of health of a port health district shall perform such duties as may be prescribed under the preceding paragraph of this Schedule, and may exercise any of the powers with which a sanitary inspector is invested.

Payments by councils of counties and county boroughs towards salaries.

3 Where in the case of a medical officer of health or sanitary inspector of a port health district the regulations made under paragraph I of this Schedule are complied with, the council of the county or county borough in which the district, or any part thereof, is situate shall, during the tenure of office of that officer, pay to the port health authority a sum equal to one-half of his salary :

Provided that—

(i) if the Minister certifies to the council—

(a) that the medical officer of health has failed to send to the Minister such reports and returns as are for the time being required by the regulations made under paragraph 1 of this Schedule to be so sent; or

(b) that the provisions of the next succeeding paragraph of this Schedule relating to a medical officer of health or sanitary inspector have not been complied with,

the said sum equal to one-half of the salary of the medical officer of health or, if the non-compliance relates to the sanitary inspector, of the sanitary inspector, shall be forfeited to the Crown and shall be paid to the Exchequer and not to the port health authority; and

(ii) where a port health district is not wholly situate in one county or county borough, such proportionate part only of the sum otherwise payable as may be certified by the Minister shall be paid by the council of each county or county borough in which a part of the port health district is situate.

Tenure of office.

4 (1) The following officers, that is to say—

(a) a medical officer of health of a port health district to whom this paragraph applies, and who is restricted by the terms of his appointment from engaging in private practice as a medical practitioner; and

(b) a sanitary inspector of a port health district to whom this paragraph applies, and who is required by the terms of his appointment to devote the whole of his time to the duties of his office, or to the duties of that office and of any other office or offices held by him under a local authority or a public body,

shall not be appointed for a limited time only, and shall not be dismissed except by the port health authority with the consent of the Minister, or by the Minister.

(2) This paragraph applies to a medical officer of health or a sanitary inspector of a port health district, in respect of whose salary a payment is made by the council of a county or county borough under the last foregoing paragraph:

Provided that, where more than one sanitary inspector is appointed for such a district as aforesaid, the foregoing provisions of this paragraph shall apply only to such one of the sanitary inspectors of the district as the port health authority may determine to be the senior sanitary inspector.

Section 342.

SECOND SCHEDULE Sections of Act extending to London fob certain purposes.

Sections.	Subject matter.
273 to 277	Supplementary powers of councils.
283 to 289	Notices, power of entry and obstruction.
291, 293 and 294	Recovery of expenses.
296 to 302	Prosecutions and appeals.
304	Qualification of judges, &c.
305	Protection of members and officers from personal liability.
318	Local inquiries.
319	Regulations.
328	Powers of Act to be cumulative.
343	Interpretation.
345	Transitional provisions.

Section 346.

THIRD SCHEDULE Enactments Repealed.

PART I Repeals in the Public Health Act, 1875 (38 & 39 Vict. c. 55.).

(1)

• Sections six, ten and eleven.

• Sections thirteen to twenty-five; in section twenty-six, paragraph (1) and the word " building " where it subsequently occurs; sections twenty-seven to sixty-five, sixty-seven and seventy.

• Sections seventy-one to one hundred and fifteen.

• Sections one hundred and twenty to one hundred and forty-three.

• In section one hundred and fifty-seven, paragraphs (2), (3) and (4), the words " or to construct buildings ", the words from " Provided that no byelaw" to "subject to this enactment" and the words "of this section and "; section one hundred and fifty-nine; and in section one hundred and sixty, paragraph (3), except in so far as the enactments incorporated thereby relate to buildings, walls or other things which are dangerous to passengers.

• In section one hundred and seventy-one, the words " and (5) With respect to public bathing ".

• Section one hundred and seventy-five.

• Section two hundred and six.

• Section two hundred and eleven.

• Sections two hundred and twenty-four, two hundred and twenty-seven, two hundred and twenty-nine, two hundred and thirty-three, two hundred and thirty-five, and two hundred and

• Section two hundred and fifty-five.

• Sections two hundred and seventy and two hundred and seventy-five.

• Sections two hundred and seventy-seven, two hundred and seventy-nine to two hundred and eighty-four, two hundred and eighty-seven to two hundred and ninety, and two hundred and ninety-two.

• Sections three hundred and seven, three hundred and fourteen, three hundred and fifteen, three hundred and nineteen, three hundred and twenty and three hundred and twenty-three.

• Sections three hundred and thirty to three hundred and thirty-seven.

• In Schedule 1, Part (2).

• In Schedule IV, Forms A to D.

• In Schedule V, so much of Part III as re-enacts 35 & 36 Vict. c. 79. s. 34.

(2)

The following provisions except so far as they may be material for the purposes of any unrepealed enactment in the Public Health Act, 1875, or any Act directed to be construed therewith—

• Section four.

• Section one hundred and fifty-eight.

• Sections one hundred and seventy-nine to one hundred and eighty-one, one hundred and eighty-three, one hundred and eighty-four and one hundred and eighty-eight.

• Sections two hundred and thirteen to two hundred and fifteen.

• Sections two hundred and eighteen to two hundred and twenty-three, two hundred and twenty-five and two hundred and twenty-six.

• Sections two hundred and thirty-two, two hundred and thirty-four and two hundred and forty to two hundred and forty-three.

• Sections two hundred and fifty-one, two hundred and fifty-three, two hundred and fifty-four, two hundred and fifty-six to two hundred and fifty-eight, two hundred and sixty-one, two hundred and sixty-two, and two hundred and sixty-six to two hundred and sixty-nine.

• Sections two hundred and seventy-six and two hundred and eighty-five.

• Sections two hundred and ninety-three to two hundred and ninety-five.

• Sections two hundred and ninety-nine to three hundred and two.

• Sections three hundred and five, three hundred and six, three hundred and eight, three hundred and nine, three hundred and thirteen, three hundred and sixteen, and three hundred and

• Sections three hundred and twenty-seven to three hundred and twenty-nine, three hundred and forty and three hundred and forty-one.

• In Schedule 1V, Forms E, F, K, L, M, and 0.

PART II Repeals in the Public Health Acts Amendment Act, 1890 (53 & 54 Vict. c. 59.).

• In Part I (General),—Subsection (1) of section eleven.

• In Part III (Sanitary and Other Provisions),—Sections sixteen to twenty-seven, thirty-two, thirty-three, thirty-six and forty-seven, and in section fifty the words from " Section sixteen " to " certain sanitary purposes " and the words from " Section thirty-two." to the end of the section.

PART III Repeals in the Public Health Acts Amendment Act, 1907 (7 Edw. 7. c. 53.).

• In Part I (General),—In section one the references to Part III (Sanitary Provisions) and Part V (Common Lodging Houses) of the Act.

• In Part II (Streets and Buildings),—Sections fifteen and sixteen in so far as they relate to buildings; sections twenty-three to twenty-seven, and in section thirty-three the words " or in any byelaws to be made under any enactment extended by this Part ".

• Part III (Sanitary Provisions),—The whole Part.

• In Part IV (Infectious Diseases),—Sections fifty-two and fifty-five to sixty-eight.

• Part V (Common Lodging Houses),—The whole Part.

• Part VII (Police),—Section eighty-two, so far as regards matters with respect to which byelaws can be made under Part VIII of this Act.

• In Part X (Miscellaneous),—Sections ninety-two and ninety-three.

PART IV Repeals in the Public Health Act, 1925 (15 & 16 Geo. 5. c. 71.).

• In Part I (Preliminary),—In subsection (2) of section one the words from " and the Baths and Washhouses " to the end of the subsection; in subsection (3) of the said section the words from " and Part IX " to the end of the subsection, and in sections one to five any reference to Part III, Part IV, Part V, Part VII, or Part IX of the Act; sections nine, eleven and twelve.

• In Part II (Streets and Buildings),—Section twenty.

• Part III (Sanitary Provisions),—The whole Part.

• Part IV (Verminous Premises, &c),—The whole Part.

• Part V (Watercourses, Streams, &c),—The whole Part.

• Part VII (Infectious Disease and Hospitals),—The whole Part.

• In Part VIII (Miscellaneous),—Sections sixty-six, sixty-seven and seventy-three; paragraph (a) of section seventy-seven, except so far as material for the purposes of any unrepealed enactment in the Public Health Act, 1875, or any Act directed to be construed therewith; section seventy-eight, and section eighty in so far as it relates to water pipes.

• Part IX (Baths and Washhouses),—The whole Part.

• In Schedule I, the references to Part III of the Act and to section forty-four.

• In Schedule II, the references to Part III of the Act and to sections thirty-nine and forty-four.

• Schedule V.

PART V Repeals. (General).

Session and Chapter.	Short Title.	Extent of Repeal.
2 & 3 Vict. c. 71.	The Metropolitan Police Courts Act, 1839.	Section forty-one.
3 & 4 Vict. c. 85.	The Chimney Sweepers and Chimneys Regulation Act, 1840.	Section six.
9 & 10 Vict. c. 74.	The Baths and Wash-houses Act, 1846.	The whole Act.
10 & 11 Vict. c. 61.	The Baths and Wash-houses Act, 1847.	The whole Act.
15 & 16 Vict. c. 84.	The Metropolis Water Act, 1852.	Section fourteen.
16 & 17 Vict. c. 134.	The Burial Act, 1853	Section seven, so far as it relates to the power to provide mortuaries conferred by section forty-two of the Burial Act, 1852, on persons other than burial boards.
34 & 35 Vict. c. 70.	The Local Government Board Act, 1871.	In Part I of the Schedule, the references to Baths and Washhouses and to 9 & 10 Vict. c. 74, and 10 & 11 Vict. c. 61.
37 & 38 Vict. c. 89.	The Sanitary Law Amendment Act, 1874.	The whole Act so far as it applies to the metropolitan police district outside London.
39 & 40 Vict. c. 36.	The Customs Consolidation Act, 1876.	Section two hundred and thirty-four.
39 & 40 Vict. c. 75.	The Rivers Pollution Prevention Act, 1876.	Section seven.
40 & 41 Vict. c. 60.	The Canal Boats Act, 1877.	The whole Act, except sections twelve, sixteen and seventeen.
41 & 42 Vict. c. 14.	The Baths and Wash-houses Act. 1878.	The whole Act.
41 & 42 Vict. c. 25.	The Public Health (Water) Act. 1878.	The whole Act.
45 & 46 Vict. c. 23.	The Public Health (Fruit Pickers' Lodgings) Act, 1882.	The whole Act.
45 & 46 Vict. c. 30.	The Baths and Wash-houses Act, 1882.	The whole Act.
46 & 47 Vict. c. 59.	The Epidemic and Other Diseases Prevention Act, 1883.	The whole Act.
47 & 48 Vict. c. 12.	The Public Health (Confirmation of Byelaws) Act, 1884.	Section three, so far as it relates to byelaws made under section sixty-nine of the Town Police Clauses Act, 1847, by virtue of its incorporation with the Public Health Act, 1848, the Local Government Act, 1858, or the Public Health Act, 1875.
47 & 48 Vict. c. 75.	The Canal Boats Act, 1884.	The whole Act.
48 & 49 Vict. c. 35.	The Public Health (Ships, &c) Act, 1885.	The whole Act.
48 & 49 Vict. c. 72.	The Housing of the Working Classes Act, 1885.	Sections seven to ten.
51 & 52 Vict. c. 41.	The Local Government Act, 1888.	Section nineteen.
52 & 53 Vict. c. 72.	The Infectious Disease (Notification) Act, 1889.	The whole Act.
53 & 54 Vict. c. 34.	The Infectious Disease (Prevention) Act, 1890.	Sections five to fifteen and seventeen.
54 & 55 Vict. c. 76.	The Public Health (London) Act, 1891.	Sections eighty - two to eighty - seven ; subsection (1) of section one hundred and five, so far as it relates to epidemic regulations; section one hundred and thirteen, and in Schedule 1 the paragraphs reproducing sections 130,134, 135, and 140 of the Public Health Act, 1875.
56 & 57 Vict. c. 68.	The Isolation Hospitals Act, 1893.	The whole Act.
56 & 57 Vict. c. ccxxi.	The London County Council (General Powers) Act, 1893.	Section thirteen.
56 & 57 Vict, c. 73.	The Local Government Act, 1894.	In section seven, the words " (b) the Baths and Wash-houses Acts, 1846 to 1882"; in section eight, paragraphs (e) and (f) of subsection (1) and subsection (3); in section sixteen, subsection (1) so far as regards functions of a rural district council which are functions under this Act, and subsection (3); in section twenty-five, subsections (1) and (7) so far as regards functions of a council which are functions under this Act, and section sixty-three to the like extent.
59 & 60 Vict. c. 19.	The Public Health Act, 1896.	The whole Act.
59 & 60 Vict. c. 20.	The Public Health (Ports) Act, 1896.	The whole Act.
60 & 61 Vict. c. 31.	The Cleansing of Persons Act, 1897.	The whole Act.
62 & 63 Vict. c. 8.	The Infectious Disease (Notification) Extension Act, 1899.	The whole Act.
62 & 63 Vict. c. 29.	The Baths and Wash-houses Act, 1899.	The whole Act.
1 Edw. 7. c. 8	The Isolation Hospitals Act, 1901.	The whole Act.
1 Edw. 7. c. 22	The Factory and Workshop Act, 1901.	Subsection (2) of section one; subsections (1) and (2) of section two; in subsection(3) of section seven the words from " and a workshop " to the end of the subsection; in subsection (4) of section nine the words from " or to anyplace " to the end of the subsection; sections sixty-one, one hundred and nine and one hundred and ten.
4 Edw. 7. c. 16	The Public Health Act, 1904.	The whole Act.
6 Edw. 7. c. 33	The Local Authorities (Treasury Powers) Act, 1906.	In subsection (1) of section one the words " the Baths " and Washhouses Acts, " 1846 to 1899 or "
7 Edw. 7. c. 40	The Notification of Births Act, 1907.	The whole Act.
8 Edw. 7. c. 67	The Children Act, 1908	Part I.
9 Edw. 7. c. 44	The Housing, Town Planning, &c, Act, 1909.	Section seventy-one.
1 & 2 Geo. 5. c. 55.	The National Insurance Act, 1911.	Section sixty-four.
3 & 4 Geo. 5. c. 23.	The Public Health (Prevention and Treatment of Disease) Act, 1913.	The whole Act.
3 & 4 Geo. 5. c. 37.	The National Insurance Act, 1913.	Subsection (2) of section forty-two.
5 & 6 Geo. 5. c. 64.	The Notification of Birth (Extension) Act, 1915.	3 The whole Act.
6 & 7 Geo. 5. c. 12.	The Local Government (Emergency Provisions) Act, 1916.	Section five.
8 & 9 Geo. 5. c. 29.	The Maternity and Child Welfare Act, 1918.	The whole Act.
9 & 10 Geo. 5. c. 21.	The Ministry of Health Act, 1919.	In section three, paragraph (f) of subsection (1).
9 & 10 Geo. 5. c. 35.	The Housing, Town Planning, &c., Act,1919	In subsection (4) of section twenty-four, the words "new buildings and," and section twenty-five.
11 & 12 Geo. 5. c. 12.	The Public Health (Tuberculosis) Act, 1921.	The whole Act except section six.
11 & 12 Geo. 5. c. 23.	The Public Health (Officers) Act, 1921.	The whole Act.
11 & 12 Geo. 5. c. 51.	The Education Act, 1921	In section one hundred and sixty-six, the words from the beginning of the section to " plans and sections, and ".
15 & 16 Geo. 5. c. 14.	The Housing Act, 1925	In section one hundred and one, the words " or buildings ".
16 & 17 Geo. 5. c. 43.	The Public Health (Smoke Abatement) Act, 1926.	The whole Act, except sections four and twelve.
16 & 17 Geo. 5. c. 48.	The Births and Deaths Registration Act, 1926.	In section nine, paragraph (b).
17 & 18 Geo. 5. c. 38.	The Nursing Homes Registration Act, 1927.	The whole Act.
19 & 20 Geo. 5. c. 17.	The Local Government Act, 1929.	In section two the words " infant life protection and " and paragraph (a); section thirteen; subjections (1), (2) and (3) of section fourteen; section sixteen; in section fifty-seven, subsection (1) and subsections (2) and (3) so far as regards functions relating to public health which are functions under this Act; sections fifty-nine to sixty-one and sixty-three; in section seventy-seven, subsection (2) so far as regards water rates under this Act; in subsection (1) of section one hundred and twenty-eight the words from " or by any scheme " to " infectious disease "; in Schedule 1, the references in Parts H and V to section forty-seven of the Public Health Acts Amendment Act, 1907; and paragraph 3 of Schedule HI.
20 & 21 Geo. 5. c. 17.	The Poor Law Act, 1930	In paragraph (c) of section sixty-seven, the words " for providing nurses or ".
22 & 23 Geo. 5. c. 46.	The Children and Young Persons Act, 1932.	Sections sixty-five to sixty-nine and the Second Schedule so far as it relates to sections one, two, three, eight and nine of the Children Act, 1908.
23 & 24 Geo. 5. c. 12.	The Children and Young Persons Act, 1933.	In subsection (1) of section ninety-eight the words " or " under Part I of the " Children Act, 1908 ".
23 & 24 Geo. 5. c. 51.	The Local Government Act, 1933.	Subsection (2) of section one hundred and fifty-nine, so far as it relates to purposes which are purposes of this Act, and in section three hundred and five, in the definition of " adoptive Acts " the words " (b) the " Baths and Washhouses "Acts, 1846 to 1925".

PART VI Repeals extending to London.

Session and Chapter.	Short Title.	Extent of Repeal.
39 & 40 Vict. c. 36.	The Customs Consolidation Act, 1876.	Section two hundred and thirty-four.
40 & 41 Vict. c. 60.	The Canal Boats Act, 1877.	The whole Act, except sections twelve, sixteen and seventeen.
46 & 47 Vict. c. 59.	The Epidemic and other Diseases Prevention Act, 1883.	The whole Act.
47 & 48 Vict. c. 75.	The Canal Boats Act, 1884.	The whole Act.
54 & 55 Vict. c. 76.	The Public Health (London) Act, 1891.	Sections eighty-two to eighty-seven ; subsection (1) of section one hundred and five, so far as it relates to epidemic regulations; section one hundred and thirteen, and in Schedule 1 the paragraphs reproducing sections 130, 134, 135 and 140 of the Public Health Act, 1875.
56 & 57 Vict. c. ccxxi.	The London County Council (General Powers) Act, 1893.	Section thirteen.
59 & 60 Vict. c. 19.	The Public Health Act, 1896.	The whole Act.
4 Edw. 7.c. 16	The Public Health Act, 1904.	The whole Act.
3 & 4 Geo. 5. c. 23.	The Public Health (Prevention and Treatment of Disease) Act, 1913.	Section two and section four, so far as it relates to expenses incurred under section two.
11 & 12 Geo. 5. c. 12.	The Public Health (Tuberculosis) Act, 1921.	Section seven.
19 & 20 Geo. 5. c. 17.	The Local Government Act, 1929.	In section fifty - nine the words from " or any regulations " to " 1891 ".

PART VII Repeals extending to Northern Ireland, the Isle of Man and the Channel Islands.

39 & 40 Vict. c. 36.	The Customs Consolidation Act, 1876.	Section two hundred and thirty-four.
59 & 60 Vict. c. 19.	The Public Health Act, 1896.	Section two.