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Part XIIE+W General

Modifications etc. (not altering text)

C1Pt. XII (ss. 271-347) modified (7.8.1991) by S.I. 1991/1773, art. 8, Sch.2.

C2Pt. 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)

C9Pt. 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

C10Pt. 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))

C11Pt. 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)

C12Functions 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)

C13Functions 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

C14References 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)

C15Pt. XII (ss. 271–347) extended by Highways Act 1980 (c. 66, SIF 59), s. 166(4)

C17Power to apply conferred (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 68(1)(c)

C19Pt. XII (ss. 271-347) modified (1.10.1992) by S.I. 1991/2913, art. 8, Sch.2.

Provisions as to recovery of expenses, &c.E+W

294 Limitation of liability of certain owners. E+W

Where a council claim to recover any expenses under this Act from a person as being the owner of the premises in respect of which the expenses were incurred and that person proves that he—

(a)is receiving the rent of those premises merely as agent or trustee for some other person; and

(b)has not, and since the date of the service on him of a demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,

his liability shall be limited to the total amount of the money which he has or has had in his hands as aforesaid, but a council who are, or would be, debarred by the foregoing provisions from recovering the whole of any such expenses from an agent or trustee may recover the whole or any unpaid balance thereof from the person on whose behalf the agent or trustee receives the rent.

Modifications etc. (not altering text)

C20S. 294 applied with modifications by S.I. 1987/349, reg. 11 and S.I. 1990/1519, reg. 11

C24S. 294 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 14(1).

S. 294 applied (with modificatiions)(27.8.1993) by 1993 c. 12, ss. 30(3), 51(2)

C26S. 294 applied (with modifications) by SI 2010/675 Sch. 23 Pt. 4 para. 4(3)(b) (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)