SCHEDULES

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

Section 180.

Part I The M1Public Health Act 1936

Annotations:
Marginal Citations

X11

For 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.

Annotations:
Editorial Information
X1

The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

2

Any reference to an urban authority or rural authority shall be construed as a reference to a local authority.

3

F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

Without 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.

F45–7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X29

1

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

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 ”.

Annotations:
Editorial Information
X2

The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F610

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F711

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F812

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F913

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F1015

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F1117

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18

The 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.

19

F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

Any reference in section 278 to a local authority shall include a reference to a county council F12. . ..

21

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X322

In 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. ”.

Annotations:
Editorial Information
X3

The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part II Other Enactments

Public Health Acts 1875 to 1925

23

Subject 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.

24

Paragraph 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;

F13c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

d

sections 21, 82, 83 F26. . . 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.

C125

1

Subject to F32sub-paragraph (2) 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;

F14b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

section 82, 83 F27. . . 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

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F34. . . be a date specified therein, being not earlier than one month after the date of the resolution; F35. . .

b

F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

26

The following enactments shall not extend to Greater London, that is to say—

a

sections 160 and 171 of the M10Public Health Act 1875;

F15b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

F36section 80 of the M11Public Health Acts Amendment Act 1907 and so much of section 81 of that Act as relates to the M12Town Police Clauses Act 1847;

d

sections 17 to 19, 75 and 76 of the M13Public 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.

2

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

a

section 164 of the M14Public Health Act 1875;

b

section 44 of the M15Public Health Acts Amendment Act 1890;

c

Part VI of the M16Public Health Acts Amendment Act 1907, as amended by Part VI of the M17Public Health Act 1925.

28

A district council F16or, where they are not the highway authority, the council of a Welsh principal area shall not without the consent of the highway authority—

a

provide a clock under section 165 of the M18Public Health Act 1875 in a case where it overhangs a highway; or

b

exercise any power under section 40 or 42 of the M19Public Health Acts Amendment Act 1890 or section 14 or 75 of the M20Public Health Act 1925 in relation to a highway.

29

A highway authority who are not a local authority within the meaning of the M21Public 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.

30

Any 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 M22London Government Act 1963, be construed as a reference to the Greater London Council alone.

31

A local authority within the meaning of the Public Health Acts 1875 to 1925 may exercise the powers conferred by section 31 of the M23Public Health Acts Amendment Act 1907 without being empowered by an order made by the Secretary of State.

32

So 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.

33

F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M24Parish Councils Act 1957

Annotations:
Marginal Citations

X434

In 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 ”.

Annotations:
Editorial Information
X4

The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M25Public Health Act 1961

Annotations:
Marginal Citations

35

F29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

The 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.

F1738

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40

The 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.

F1841

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

The 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.

F1943

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M26 The Local Government Act 1966

Annotations:
Marginal Citations

44

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2045

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F2146

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F2248

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M27 The Deposit of Poisonous Waste Act 1972

Annotations:
Marginal Citations

X549

In 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