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Public Health Act 1875

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Part IVE+W LOCAL GOVERNMENT PROVISIONS

E+W Highways and Streets

144. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W

Textual Amendments

145. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W

Textual Amendments

146, 147.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W

Textual Amendments

148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4E+W

Textual Amendments

F4S. 148 repealed with saving for any agreements in force under that section by Control of Pollution Act 1974 (c. 40), Sch. 4

Regulation of Streets and BuildingsE+W

149—152.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5E+W

Textual Amendments

153 Power to require gas and water pipes to be moved. E+W

Where for any purpose of this Act any urban authority deem it necessary to raise sink or otherwise alter the situation of any water or gas pipes mains plugs or other waterworks or gasworks laid in or under any street, they may by notice in writing require the owner of the pipes mains plugs or works to raise sink or otherwise alter the situation of the same in such manner and within such reasonable time as is specified in the notice; the expenses of or connected with any such alteration shall be paid by the urban authority; and if such notice is not complied with the urban authority may themselves make the alteration required:

  • Provided—

  • That no such alteration shall be required or made which will permanently injure any such pipes mains plugs or works or prevent the water or gas from flowing as freely and conveniently as usual; and

  • That where under any local Act of Parliament the expenses of or connected with the raising sinking or otherwise altering the situation of any water or gas pipes mains plugs or other waterworks or gasworks, are directed to be borne by the owner of such pipes or works, his liability in that respect shall continue in the same manner and under the same conditions in all respects as if this Act had not been passed.

Modifications etc. (not altering text)

C2S. 153: functions of the Secretary of State for Transport made exercisable by, or by employees of, such person as may be authorised in that behalf by the Secretary of State for Transport (25.7.1995) by S.I. 1995/1986, art. 2, Sch. 3 para. 1

S. 153: functions of a local highway authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 3 para. 1

154, 155.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6E+W

Textual Amendments

156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W
157, 158.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W

Textual Amendments

159. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W
160 Incorporation of certain provisions of 10 & 11 Vict. c. 34. E+W

The provisions of the M1Towns Improvement Clauses Act 1847, with respect to the following matters, that is to say,

F10(1) With respect to naming the streets and numbering the houses; and

(2)—(4) . . . F11

shall, for the purpose of regulating such matters in [F12districts,] be incorporated with this Act.

. . . F13

Textual Amendments

F10S. 160(1) repealed in relation to any area in which Public Health Act 1925 (c. 71), s. 19 is in force, by that 1925 Act, s. 19(3)

F12Word substituted by virtue of Local Government Act 1972 (c. 70), s. 179(3)

Modifications etc. (not altering text)

C6Power to extend or exclude s. 160 conferred by Local Government Act 1972 (c. 70), Sch. 14 Pt. II para. 25

Marginal Citations

Lighting Streets, &c.E+W

161 Powers of urban authority for lighting their district. E+W

Any urban authority may contract with any person for the supply of gas, or other means of lighting the streets, markets, and public buildings in their district, and may provide such lamps, lamp posts, and other materials and apparatus as they may think necessary for lighting the same.

. . . F14

Textual Amendments

F14Words repealed by Gas Act 1948 (c. 67), Sch. 4

Modifications etc. (not altering text)

162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W

Textual Amendments

163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16E+W

Textual Amendments

E+W Public Pleasure Grounds, &c.

164X1Urban authority may provide places of public recreation. E+W

Any [F17local authority] may purchase or take on lease lay out plant improve and maintain lands for the purpose of being used as public walks or pleasure grounds, and may support or contribute to the support of public walks or pleasure grounds provided by any person whomsoever.

Any [F17local authority] may make byelaws for the regulation of any such public walk or pleasure ground, and may by such byelaws provide for the removal from such public walk or pleasure ground of any person infringing any such byelaw by any officer of the [F17local authority] or constable.

Editorial Information

X1Unreliable marginal note

Textual Amendments

Modifications etc. (not altering text)

C10Function of confirming byelaws or regulations made under s. 164 now exercisable by Secretary of State: S.R. & O. 1946/1757 (Rev. XV, p. 112: 1946 I, p. 1012), art. 3(1), Sch.

C11S. 164 certain functions transferred by S.I. 1986/413, art. 13(1)

165 Urban authority may provide public clocks. E+W

Any urban authority may from time to time provide such clocks as they consider necessary, and cause them to be fixed on or against any public building, or, with the consent of the owner or occupier, on or against any private building the situation of which may be convenient for that purpose, and may cause the dials thereof to be lighted at night, and may from time to time alter and remove any such clocks to such other like situation as they may consider expedient.

166—170.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W

E+W Police Regulations

171 Incorporation of certain provisions of 10 & 11 Vict. c. 89. E+W

The provisions of the M2Towns Police Clauses Act 1847, with respect to the following matters, (namely.)

(1)With respect to obstructions and nuisances in the streets; and

F19(2)With respect to fires; and

(3)With respect to places of public resort; and

(4)With respect to hackney carriages; . . . F20

(5) . . . F20

shall, for the purpose of regulating such matters in urban [F21districts], be incorporated with this Act.

The expression in the provisions so incorporated “the superintendent constable, and the expression “any constable or other officer appointed by virtue of this or the special Act, shall, for the purposes of this Act, respectively include any superintendent of police, and any constable or officer of police acting for or in the district of any urban authority; and the expression “within the prescribed distance shall for the purposes of this Act mean within any urban [F21district.]

Notwithstanding anything in the provisions so incorporated, a license granted to the driver of any hackney carriage in pursuance thereof shall be in force for one year only from the date of the license, or until the next general licensing meeting where a day for such meeting is appointed.

Textual Amendments

F20Word and s. 171(5) repealed by Public Health Act 1936 (c. 49), s. 346, Sch. 3 Pt. I

F21Word substituted by virtue of Local Government Act 1972 (c. 70), s. 179(3)

Modifications etc. (not altering text)

C16Power to extend or exclude s. 171(4) conferred by Local Government Act 1972 (c. 70), Sch. 14 Pt. II para. 25

Marginal Citations

172. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22E+W

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