Local Government Act 1972

Section 180.

SCHEDULE 14E+W Amendment and Modification of Public Health Acts, Etc.

Part IE+W The M1Public Health Act 1936

X11E+WFor section 1 there shall be substituted the following section—

“1(1)Subject to the provisions of this Act with respect to certain special authorities, districts and areas, it shall be the duty of the following authorities to carry this Act into execution, that is to say—

(a)in a county, the county council as respects certain matters and the district councils as respects all other matters, without prejudice, however, to the exercise by a parish or community council of any powers conferred upon such councils;

(b)in a London borough, the borough council;

(c)in the City of London, the Common Council; and

(d)in the Inner Temple and the Middle Temple, the Sub-Treasurer and the Under Treasurer thereof respectively.”

2E+WAny reference to an urban authority or rural authority shall be construed as a reference to a local authority.

3Proviso (a) to section 7(1) shall cease to have effect.

4E+WWithout prejudice to paragraph 2 above, the following provisions, that is to say, sections F1. . . [F279, 80], F3. . ., 263 and 264 shall apply throughout the district of every local authority.

F45–7E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X29(1)For sections 87(1) and (2) there shall be substituted the following subsections:—E+W

“(1)A county council, the Greater London Council, a local authority or a parish or community council may, subject to subsection (2) of this section, provide sanitary conveniences in proper and convenient situations.

(2)Any such council or authority shall not provide any such convenience in or under a highway or proposed highway for which they are not the highway authority without the consent of the highway authority.”

(2)In section 87(3) for the words “a county council or local” there shall be substituted the words “ any such council or ”.

F610E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F711E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F812E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F913, 14.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1015, 16.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1117E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18E+WThe powers conferred by Part VIII on local authorities within the meaning of the M2Public Health Act 1936 shall be exercisable not only by such authorities but also by all local authorities within the meaning of this Act, whether or not they are local authorities within the meaning of that Act, and references in that Part to a local authority shall be construed accordingly.

19All directions in force under section 267(1)(c) immediately before 1st April 1974 shall cease to have effect.

20E+WAny reference in section 278 to a local authority shall include a reference to a county council F12. . ..

21Section 321 shall cease to have effect.

X322E+WIn section 343 for the definition of contributory place there shall be substituted the following definition:— “ “contributory place” means a rating district within the meaning of the General Rate Act 1967. ”.

Part IIE+W Other Enactments

Public Health Acts 1875 to 1925E+W

23E+WSubject to the following provisions of this Schedule and the provisions of Schedule 26 to this Act, all the provisions of the Public Health Acts 1875 to 1925 shall extend throughout England and Wales, whether or not they so extended immediately before 1st April 1974.

24Paragraph 23 above shall not apply to the following enactments, that is to say—

(a)so much of section 160 of the M3Public Health Act 1875 as incorporates the provisions of the M4Towns Improvement Clauses Act 1847 with respect to the naming of streets (hereafter in this Schedule referred to as “the original street-naming enactment”);

(b)section 171(4) of the said Act of 1875;

F13(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)sections 21, 82, 83 and 85 of the M5Public Health Acts Amendment Act 1907; and

(e)sections 17 to 19 and 76 of the M6Public Health Act 1925;

and those enactments shall, subject to paragraph 25 below, apply to those areas, and only those, to which they applied immediately before 1st April 1974.

25(1)Subject to sub-paragraphs (2) and (4) below, a local authority may after giving the requisite notice resolve that any of the enactments mentioned in paragraph 24 above shall apply throughout their area or shall cease to apply throughout their area (whether or not, in either case, the enactment applies only to part of their area).

(2)A resolution under this paragraph disapplying—

(a)section 171(4) of the M7Public Health Act 1875;

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)section 82, 83 or 85 of the M8Public Health Acts Amendment Act 1907; or

(d)section 76 of the M9Public Health Act 1925;

must be passed before 1st April 1975, but any other resolution under this paragraph may be passed at any time.

(3)A resolution under this paragraph applying either of the following provisions, that is to say, section 21 of the said Act of 1907 or section 18 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout that area and a resolution under this paragraph applying either of the following provisions, that is to say, the original street-naming enactment or section 19 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout that area.

(4)A resolution under this paragraph applying or disapplying section 171(4) of the M10Public Health Act 1875 throughout an area shall not have effect unless approved by the Secretary of State.

(5)The notice which is requisite for a resolution given under sub-paragraph (1) above is a notice—

(a)given by the local authority in question of their intention to pass the resolution given by advertisement in two consecutive weeks in a local newspaper circulating in their area; and

(b)served, not later than the date on which the advertisement is first published, on the council of every parish or community whose area, or part of whose area, is affected by the resolution or, in the case of a parish so affected but not having a parish council (whether separate or common), on the chairman of the parish meeting.

(6)The date on which a resolution under this paragraph is to take effect shall—

(a)except in the case of a resolution applying or disapplying section 171(4) of the M11Public Health Act 1875 throughout any area, be a date specified therein, being not earlier than one month after the date of the resolution; and

(b)in the said excepted case, be a date specified in the Secretary of State’s approval of the resolution.

(7)A copy of a resolution of a local authority under this paragraph, certified in writing to be a true copy by the proper officer of the authority, shall in all legal proceedings be received as evidence of the resolution having been passed by the authority.

26E+WThe following enactments shall not extend to Greater London, that is to say—

(a)sections 160 and 171 of the M12Public Health Act 1875;

F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)sections 21 and 80 of the M13Public Health Acts Amendment Act 1907 and so much of section 81 of that Act as relates to the M14Town Police Clauses Act 1847;

(d)sections 17 to 19, 75 and 76 of the M15Public Health Act 1925.

27(1)The powers conferred on certain authorities by the enactments to which this paragraph applies shall be exercisable not only by those authorities, but also by all local authorities within the meaning of this Act, whether or not they are local authorities for the purposes of the Public Health Acts 1875 to 1925, and references in those enactments to an urban authority or a local authority shall be construed accordingly.E+W

(2)This paragraph applies to the following enactments, that is to say—

(a)section 164 of the M16Public Health Act 1875;

(b)section 44 of the M17Public Health Acts Amendment Act 1890;

(c)Part VI of the M18Public Health Acts Amendment Act 1907, as amended by Part VI of the M19Public Health Act 1925.

28A district council shall not without the consent of the highway authority—

(a)provide a clock under section 165 of the M20Public Health Act 1875 in a case where it overhangs a highway; or

(b)exercise any power under section 40 or 42 of the M21Public Health Acts Amendment Act 1890 or section 14 or 75 of the M22Public Health Act 1925 in relation to a highway.

29E+WA highway authority who are not a local authority within the meaning of the M23Public Health Acts 1875 to 1925 may exercise concurrently with the local authority powers conferred on the latter by section 153 of the Public Health Act 1875.

30E+WAny reference in section 161 of the said Act of 1875 to an urban authority shall, in relation to a metropolitan road within the meaning of the M24London Government Act 1963, be construed as a reference to the Greater London Council alone.

31E+WA local authority within the meaning of the Public Health Acts 1875 to 1925 may exercise the powers conferred by section 31 of the M25Public Health Acts Amendment Act 1907 without being empowered by an order made by the Secretary of State.

32E+WSo much of section 76 of the said Act of 1907 as enables the Secretary of State to make rules governing the exercise by local authorities of their powers under that section shall cease to have effect.

33In section 16(1) of the Public Health Act 1925 the words from “in relation” to “county council or” shall cease to have effect.

The M26Parish Councils Act 1957E+W

X434E+WIn section 3(1) of the Parish Councils Act 1957, for the words from the beginning to the word “council”, in the second place where it occurs, there shall be substituted the words “ The council of a parish or community or, in the case of a parish for which there is no parish council ”and for the words “in that part of the parish, as the case may be” there shall be substituted the words “ community, or in any part thereof ”.

The M27Public Health Act 1961E+W

35Section 16 of the Public Health Act 1961 shall cease to have effect.

36In section 17(1) of that Act for the words “the medical officer of health or public health inspector” there shall be substituted the words “ the local authority ” and for the word “he” there shall be substituted the word “ they ”.

37E+WThe powers conferred on a local authority by section 34 of that Act shall as respects England be exercisable also by a county council and references in that section to a local authority shall be construed accordingly.

F1638, 39.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40E+WThe powers conferred on a local authority by sections 44 and 46 of that Act shall, in the case of a street outside Greater London which is a highway, be exercisable by the highway authority as well as by the local authority.

F1741E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42E+WThe powers conferred by sections 52 to 54 of that Act on local authorities shall be exercisable not only by such authorities, but also by all local authorities within the meaning of this Act, whether or not they are local authorities within the meaning of that Act, and references in those sections to a local authority shall be construed accordingly.

F1843E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

M28 The Local Government Act 1966E+W

44For section 10(1)(a) of the Local Government Act 1966 there shall be substituted the following paragraph:—

“(a)in the payment of salaries to registered medical practitioners and other persons with professional qualifications in the practice and administration of public health who are employed by such authorities.”

F1945E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2046, 47.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2148E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

M29 The Deposit of Poisonous Waste Act 1972E+W

X549E+WIn section 5(1) of the Deposit of Poisonous Waste Act 1972, for paragraph (a) there shall be substituted the following paragraphs:—

“(a)in England, county councils and the Greater London Council;

(aa)in Wales, district councils ; and”.