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Public Health (Scotland) Act 1897 (repealed)
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Changes over time for: Section 36
Version Superseded: 01/04/1996
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36 Duty of local authority to complain to sheriff, &c. of nuisance arising from offensive trade.S
(1)Where it appears to the local authority upon a certificate by [F1the designated medical officer or [F2the proper officer of a local authority]] . . . F3 or on a requisition in writing under the hands of any ten ratepayers within the district that any trade, business, process, or manufacture carried on in any manufactory, building, or premises, and causing effluvia is a nuisance or injurious or dangerous to the health of any of the inhabitants of the district, such authority may, if they think proper, . . . F4 apply to the sheriff by summary petition, and if it appears to such sheriff that any trade, business, process, or manufacture carried on in such manufactory, building, or premises is causing a nuisance or any effluvia, which is a nuisance or injurious or dangerous to the health of any of the inhabitants within the district, then, unless it is shown that the best practicable means have been used for removing the nuisance, or preventing or counteracting the effluvia, the author of the nuisance, and failing him the occupier and failing him the owner of the premises, shall be liable to a penalty not exceeding [F5level 4 on the standard scale].
(2)Provided that the court may suspend its final determination on condition that the person so offending undertakes to adopt, within a reasonable time, such means as the court may deem practicable, and may order to be carried into effect, for removing the nuisance, or mitigating or preventing the injurious or dangerous effects of the effluvia.
(3)The local authority may, if they think fit, on such certificate as is in this section mentioned, cause proceedings to be taken in the Court of Session against any person in respect of the matters alleged in such certificate.
(4)The local authority may take proceedings under this section in respect of a manufactory, building, or premises situate without their district, so, however, that the summary proceedings shall be had before a sheriff having jurisdiction in the district where the manufactory, building, or premises are situate.
Textual Amendments
F1Words substituted by National Health Service (Scotland) Act 1972 (c. 58), Sch. 6 para. 44
F2Words substituted by virtue of Local Government (Scotland) Act 1973 (c. 65), Sch. 27 Pt. I para. 2
F3Words repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 27
F4Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23, SIF 81:2), s. 41, Sch. 4
F5Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
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