Public Health (Control of Disease) Act 1984

Section 77.

SCHEDULE 1Transitional Provisions and Savings

Port health districts and port health authorities

1Any area and any body which immediately before the commencement of this Act was a port health district or a port health authority by virtue of section 5 of the [1936 c. 49.] Public Health Act 1936 (which related to former port sanitary districts and port sanitary authorities) shall continue to be known as and styled a port health district or a port health authority, as the case may be; and any reference in any Act or other document to port sanitary districts or port sanitary authorities shall be construed accordingly.

2(1)No repeal contained in this Act shall affect the validity of any order made under section 2(2) of the Public Health Act 1936, or under section 41 of the [1963 c. 33.] London Government Act 1963, the validity of which was preserved by section 42(4) of the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982 (port health districts and port health authorities).

(2)Without prejudice to any power to vary any such order exercisable by virtue of the application to this Act of any provisions of the [1978 c. 30.] Interpretation Act 1978, any power to amend or vary any such order exercisable by virtue of section 42(4) of the said Act of 1982 shall continue to be exercisable notwithstanding any repeal contained in this Act.

Notifiable diseases

3(1)Notwithstanding the repeal by this Act of section 147 of the Public Health Act 1936 (which empowered local authorities to extend the category of notifiable diseases) any order made under that section which was in force immediately before the coming into operation of the repeal—

(a)shall continue to have effect notwithstanding the repeal of that section, and

(b)may be varied or revoked by an order made and approved in the like manner as the original order, except that it shall not be varied otherwise than by excluding a disease from it.

(2)Where such an order continues to have effect by virtue of sub-paragraph (1) above, any reference in the order which (being originally a reference to Part V of the Public Health Act 1936) was, by virtue of section 52(2) of the [1968 c. 46.] Health Services and Public Health Act 1968, to be construed as a reference to section 48 of that Act shall be construed as a reference to section 11 of this Act.

Unlawful expenditure

4In relation to—

(a)accounts of a local authority, port health authority or joint board for a period beginning before the 1st April 1983, and

(b)a person disqualified under any enactment in its application to such accounts,

section 69 of this Act shall not apply, and instead section 305 of the [1936 c. 49.] Public Health Act 1936 shall apply as if this Act had not been passed.

Amendment and repeal of Acts etc.

5Any power that is exercisable by virtue of—

(a)section 317 of the Public Health Act 1936,

(b)section 82 of the [1961 c. 64.] Public Health Act 1961,

(c)section 84 of the [1963 c. 33.] London Government Act 1963, or

(d)section 48 of the [1982 c. 30.] Local Government (Miscellaneous Provisions) Act 1982,

in relation to a provision of one of those Acts that is repealed and re-enacted by this Act shall be exercisable in relation to that provision as so re-enacted to the extent to which it would have been exercisable immediately before such repeal.

6Sections 252 and 254 of the [1972 c. 70.] Local Government Act 1972 (which enable Acts passed before the 1st April 1974 and certain instruments to be amended or repealed) shall have effect in relation to this Act as if it had been passed before that date.