Public Health Act 1875

JurisdictionUK Non-devolved
Citation1875 c. 55


Public Health Act, 1875

(38 & 39 Vict.) CHAPTER 55.

An Act for consolidating and amending the Acts relating to Public Health in England.

[11th August 1875]

B E 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:

I AUTHORITIES FOR EXECUTION OF ACT.

PART I.

Preliminary.

Preliminary.

S-1 Short title.

1 Short title.

This Act may be cited as The Public Health Act, 1875.

S-2 Extent of Act.

2 Extent of Act.

This Act shall not extend to Scotland or Ireland, nor (save as by this Act is expressly provided) to the metropolis.

S-3 Division of Act into parts.

3 Division of Act into parts.

This Act is divided into parts, as follows:

Part I.—Preliminary.

Part II.—Authorities for Execution of Act.

Part III.—Sanitary Provisions.

Part IV.—Local Government Provisions.

Part V.—General Provisions.

Part VI.—Rating and Borrowing Powers, &c.

Part VII.—Legal Proceedings.

Part VIII.—Alteration of Areas and Union of Districts.

Part IX.—Local Government Board.

Part X.—Miscellaneous and Temporary Provisions.

Part XI.—Saving Clauses and Repeal of Acts.

S-4 Definitions.

4 Definitions.

In this Act, if not inconsistent with the context, the following words and expressions have the meanings herein-after respectively assigned to them; that is to say,

‘Borough’ means any place for the time being subject to the Act of the session of the fifth and sixth years of the reign of King William the Fourth, chapter seventy-six, intituled ‘An Act to provide for the Regulation of Municipal Corporations in England and Wales,’ and any Act amending the same:

‘The metropolis’ means the city of London and all parishes and places mentioned in schedules A, B, and C to the Metropolis Management Act, 1855:

‘Local Government District’ means any area subject to the jurisdiction of a local board constituted in pursuance of the Local Government Acts before the passing of this Act, or in pursuance of this Act, and ‘local board’ means any board so constituted:

‘Improvement Act district’ means any area for the time being subject to the jurisdiction of any improvement commissioners as herein-after defined:

‘Improvement Commissioners’ means any commissioners trustees or other persons invested by any local Act with powers of town government and rating:

‘Parish’ means a place for which a separate poor rate is or can be made, or for which a separate overseer is or can be appointed:

‘Union’ means a union of parishes incorporated or united for the relief or maintenance of the poor under any public or local Act of Parliament, and includes any parish subject to the jurisdiction of a separate board of guardians:

‘Guardians’ means any persons or body of persons by whom the relief of the poor is administered in any union:

‘Person’ includes any body of persons, whether corporate or unincorporate:

‘Local authority’ means urban sanitary authority and rural sanitary authority:

‘Surveyor’ includes any person appointed by a rural authority to perform any of the duties of surveyor under this Act:

‘Lands’ and ‘Premises’ include messuages buildings lands easements and hereditaments of any tenure:

‘Owner’ means the person for the time being receiving the rackrent of the lands or premises in connexion with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the same if such lands or premises were let at a rackrent:

‘Rackrent’ means rent which is not less than two thirds of the full net annual value of the property out of which the rent arises; and the full net annual value shall be taken to be the rent at which the property might reasonably be expected to let from year to year, free from all usual tenant's rates and taxes, and tithe commutation rentcharge (if any), and deducting therefrom the probable average annual cost of the repairs, insurance, and other expenses (if any) necessary to maintain the same in a state to command such rent:

‘Street’ includes any highway (not being a turnpike road), and any public bridge (not being a county bridge), and any road lane footway square court alley or passage whether a thoroughfare or not:

‘House’ includes schools, also factories and other buildings in which more than twenty persons are employed at one time:

‘Drain’ means any drain of and used for the drainage of one building only, or premises within the same curtilage, and made merely for the purpose of communicating therefrom with a cesspool or other like receptacle for drainage, or with a sewer into which the drainage of two or more buildings or premises occupied by different persons is conveyed:

‘Sewer’ includes sewers and drains of every description, except drains to which the word ‘drain’ interpreted as aforesaid applies, and except drains vested in or under the control of any authority having the management of roads and not being a local authority under this Act:

‘Slaughter-house’ includes the buildings and places commonly called slaughter-houses and knackers yards, and any building or place used for slaughtering cattle horses or animals of any description for sale:

‘Water company’ means any person or body of persons corporate or unincorporate supplying or who may hereafter supply water for his or their own profit:

‘Waterworks’ includes streams springs wells pumps reservoirs cisterns tanks aqueducts cuts sluices mains pipes culverts engines and all machinery lands buildings and things for supplying or used for supplying water, also the stock in trade of any water company:

‘Bakehouse Regulation Act’ means 26 & 27 Vict. c. 40. (Bakehouse Regulation Act, 1863):

‘Artizans and Labourers Dwellings Act’ means 31 & 32 Vict. c. 130. (Artizans and Labourers Dwellings Act, 1868):

‘Baths and Wash-houses Acts’ means 9 & 10 Vict. c. 74. (An Act to encourage the establishment of Public Baths and Wash-houses); 10 & 11 Vict. c. 61. (An Act to amend the Act for the establishment of Public Baths and Wash-houses):

‘Labouring Classes Lodging Houses Acts’ means 14 & 15 Vict. c. 34. (Labouring Classes Lodging Houses Act, 1851); 29 & 30 Vict. c. 28. (Labouring Classes Dwelling Houses Act, 1866); 30 & 31 Vict. c. 28. (Labouring Classes Dwelling Houses Act, 1867):

‘Sanitary Acts’ means all the above-mentioned Acts and the Acts mentioned in part I. of schedule V. to this Act:

‘Sanitary purposes’ means any object or purposes of the Sanitary Acts:

‘Court of quarter sessions’ means the court of general or quarter sessions of the peace having jurisdiction over the whole or any part of the district or place in which the matter requiring the cognizance of general or quarter sessions arises:

‘Court of summary jurisdiction’ means any justice or justices of the peace, stipendiary or other magistrate or officer, by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Acts or any Acts therein referred to:

‘Summary Jurisdiction Acts’ means the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled ‘An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders,’ and any Act amending the same.

II

PART II.

AUTHORITIES FOR EXECUTION OF ACT.

Constitution of Districts and Authorities.

Constitution of Districts and Authorities.

S-5 Urban and rural sanitary districts.

5 Urban and rural sanitary districts.

For the purposes of this Act England, except the Metropolis, shall consist of districts to be called respectively—

(1) (1.) Urban sanitary districts, and

(2) (2.) Rural sanitary districts,

(in this Act referred to as urban and rural districts); and such urban and rural districts shall respectively be subject to the jurisdiction of local authorities, called urban sanitary...

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