Nuisances Removal Act 1860

JurisdictionUK Non-devolved
Citation1860 c. 77
Anno Regni VICTORI, Britanniarum Regin,Vicesimo Tertio. An Act to amend the Acts for the Removal of Nuisances and the Prevention of Diseases.

(23 & 24 Vict.) C A P. LXXVII.

[6th August 1860]

'WHEREAS the Provisions of ‘The Nuisances Removal Act forEngland , 1855,’ and ‘ The Diseases Prevention Act, 1855,’ concerning the Local Authority for the Execution of the said Acts are defective, and it is expedient that the said Acts should be amended as herein-after mentioned:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:

Nuisances Removal.

Nuisances Removal.

S-I Sections 3, 6, 7, and 9 of 18 & 19 Vict. c. 121. repealed.

I Sections 3, 6, 7, and 9 of 18 & 19 Vict. c. 121. repealed.

I. Section Three, Section Six, Section Seven, and Section Nine of the said ‘Nuisances Removal Act forEngland , 1855,’ shall be repealed: Provided always, that such Repeal as aforesaid shall not extend to any Charges or Expenses already incurred, but the same may be defrayed and recovered, and all Proceedings commenced or taken under the said Act, and not yet completed, may be proceeded with, and all Contracts under the said Act shall continue and be as effectual, as if this Act had not been passed.

S-II Local Authority to execute the Nuisances Removal Act.

II Local Authority to execute the Nuisances Removal Act.

II. The following Bodies shall respectively be the Local Authority to execute the said Nuisances Removal Act in the Districts hereunder stated inEngland :

In any Place within which the Public Health Act is or shall be in force, the Local Board of Health:

In any other Place wherein a Council exists or shall exist, the Mayor, Aldermen, and Burgesses by the Council, except in the City ofLondon and the Liberties thereof, where the Local Authority shall be the Commissioners of Sewers for the Time being, and except in the City of Oxford and Borough of Cambridge , where the Local Authority shall be the Commissioners acting in execution of the Local Improvement Acts in force respectively in the said City and Borough:

In any Place in which there is no Local Board of Health or Council, and where there are or shall be Trustees or Commissioners under an Improvement Act, such Trustees or Commissioners:

In any Place within which there is no such Local Board of Health, Council, Body of Trustees, or Commissioners, if there be a Board of Guardians of the Poor for such Place, or for any Parish or Union within which such Place is situate, such Board of Guardians, and, if there be no such Board of Guardians, the Overseers of the Poor for such Place, or for the Parish of which such Place forms Part.

S-III Highway Board or Nuisances Removal Committees now subsisting may be continued so long as they employ Sanitary Inspectors.

III Highway Board or Nuisances Removal Committees now subsisting may be continued so long as they employ Sanitary Inspectors.

III. Provided, That in any Place where a Highway Board or ‘The Nuisances Removal Committee’ chosen by the Vestry in pursuance of the said Act is subsisting, and at the Time of the passing of this Act employs or joins with other Local Authorities in employing a Sanitary Inspector or Inspectors, such Highway Board or Nuisances Removal Committee may continue to act, and a like Committee may be annually chosen by the Vestry for such Place in the same Manner as if this Act had not been passed; but in case in any Year the Nuisances Removal Committee be not chosen for such Place in manner provided by the said Act, or if the Highway Board or Committee now subsisting or hereafter chosen fail for Two Months in any Year to appoint or employ a Sanitary Inspector or Inspectors, the Authority of such Highway Board or Committee shall cease, and no like Committee shall be chosen for such Place, and the same Body or Persons shall thenceforth be the Local Authority for the Place as if no such Highway Board or Committee had been appointed therein.

S-IV How Expenses of Local Authority to be defrayed.

IV How Expenses of Local Authority to be defrayed.

IV. All Charges and Expenses incurred by the Local Authority in executing the said Nuisances Removal Act, and not recovered as therein provided, shall be defrayed as follows; to wit,

Out of General District sates where the Local Authority is a Local Board of Health:

Out of the Borough Fund or Borough Rate where the Local Authority is the Mayor, Aldermen, and Burgesses by the Council:

Provided always, that in the City ofOxford and Borough of Cambridge such Expenses shall be deemed annual Charges and Expenses of cleansing the Streets of the said City and Borough respectively, and shall be so payable:

Out of the Rates levied for Purposes of Improvement under any Improvement Act, where the Local Authority is a Body of Trustees or Commissioners acting in execution of the Powers of such an Act:

Where a Board of Guardians for a Union is such Local Authority for the whole of such Union, such Charges and Expenses shall be defrayed by means of an Addition to be made to the Rate for the Relief of the Poor of the Parish or Parishes for which the Expense has been incurred, and be raised and paid in like Manner as Money expended for the Relief of the Poor:

Where the Board of Guardians for a Union is such Local Authority for Two or more Places maintaining their own...

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