Part 5Public health functions of local authorities

Existing functions

86Application of this Part where other functions being exercised

1

This section applies where—

a

a local authority; or

b

any other person,

has functions under any other enactment in relation to premises or things which are infected, infested or contaminated.

2

A function to which subsection (1) applies is an “existing function”.

3

A local authority may not exercise any function conferred on it by virtue of this Part if and to the extent that—

a

the authority or any other person is exercising an existing function; or

b

the authority is aware that another person is likely imminently to exercise an existing function,

in relation to the infected, infested or contaminated premises or thing.

4

Subsection (3) does not affect the functions conferred on a local authority by virtue of section 72(1).