Public Health Act 1925
| Jurisdiction | UK Non-devolved |
| Citation | 1925 c. 71 |
| Year | 1925 |
Public Health Act, 1925
(15 & 16 Geo. 5.) CHAPTER 71.
An Act to amend the Public Health Acts, 1875 to 1907, and the Baths and Washhouses Acts, 1846 to 1899, in respect of matters for which provision is commonly made in local Acts and for other purposes relating to the public health.
[7th August 1925]
Be it enacted by the King'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:—
Part I.
Preliminary.
1 Short title, construction and commencement.
(1) This Act may be cited as the Public Health Act, 1925 .
(2) Parts I. to VIII. of this Act and the Public Health Acts, 1875 to 1907, may be cited together as the Public Health Acts, 1875 to 1925, and the Baths and Washhouses Acts, 1846 to 1899, and Part IX. of this Act may be cited together as the Baths and Washhouses Acts, 1846 to 1925.
(3) Parts I. to VIII. of this Act shall be construed as one with the Public Health Acts, 1875 to 1907, and Part IX. of this Act shall be construed as one with the Baths and Washhouses Acts, 1846 to 1899.
(4) The expression ‘the commencement of this section,’ when used in any provision in Parts II. to V. of this Act, means the date on which that section comes into operation within the district of the local authority by virtue of an adoption of that provision, or of an order of the Minister of Health.
(5) This Act shall come into operation on the expiration of one month after the passing thereof.
2 Extent of Act.
(1) This Act shall not apply to Scotland or Northern Ireland, or, save as expressly provided in this Act, to the administrative county of London.
(2) Parts II., III., IV. and V. of this Act are adoptive, and shall extend, in so far as they may be adopted, to any district for which they are adopted in accordance with the provisions of this Act:
Provided that, where powers are conferred on a county council by any section in Part II. of this Act those powers may be exercised by the council without an adoption by them of the provisions of that section.
(3) Part VI. of this Act shall extend to any area in which Part VI. of the Public Health Acts Amendment Act, 1907 , is in force at the commencement of this Act, and may be applied to any district by an order of the Minister of Health in the same manner as Part VI. of the said Act of 1907 may be applied.
(4) Part IX. of this Act shall extend to England and Wales inclusive of the administrative county of London.
3 Adoption by urban authorities of Parts II. to V.
3. Any urban authority may adopt all or any of the sections contained in Parts II., III., IV. and V. of this Act:
Provided that, where the district contains, according to the last published census for the time being, a population of less than twenty thousand, the adoption by the council of that district of
shall not take effect until the consent of the Minister of Health has been obtained thereto, and such consent may be given by an order of the Minister and subject to such modifications, conditions or restrictions as may appear to him to be necessary or desirable.
4 Application of Parts II. to V. in rural districts.
(1) A rural district council may adopt all or any of the provisions of Parts II., III. and IV. of this Act, except the sections in Parts II. and III. of this Act which are mentioned in the Second Schedule to this Act.
(2) The Minister of Health may by order apply to any rural district, or contributory place therein, any provision in Parts II. to V. or Part VIII. of this Act, in the same manner as provisions of the Public Health Act, 1875 , which apply to urban districts, may be applied to rural districts, or contributory places therein, and section two hundred and seventy-six of that Act shall be extended accordingly.
(3) Before any application is made to the Minister of Health for an order under this section, notice of the intended application, specifying the provisions of this Act in respect of which an order is desired, shall be inserted by the applicants for the order once at least in one or more of the newspapers circulating within the area to which the application relates in each of two successive weeks.
5 Mode of adoption by local authorities.
(1) The adoption by a local authority of all or any of the provisions of Parts II. to V. of this Act shall be by a resolution of the local authority passed in accordance with the provisions contained in the Third Schedule to this Act, and upon a resolution of adoption coming into operation the provisions of this Act to which it extends shall apply to the district of the local authority.
(2) A copy of a resolution passed by a local authority adopting any provision of this Act, certified as a true copy under the hand of the clerk to the local authority, shall be received as evidence in all legal proceedings of the resolution having been passed by the local authority.
6 Amendment or adaptation of local Acts, &c.
6. The Minister of Health may, by order made on the application of any local authority, make such amendments or adaptations of any local Act as may appear to him to be necessary for the purpose of bringing the provisions of that Act into conformity with the provisions of this Act, and any order so made shall operate as if enacted in this Act.
7 Application of certain provisions of Part I. of 7 Edw. VII. c. 53, and interpretation.
(1) The provisions of Part I. of the Public Health Acts Amendment Act, 1907, which are specified in the Fourth Schedule to this Act, shall, as amended by any subsequent enactment, apply for the purposes of this Act, with the substitution of references to this Act for the references therein to that Act.
(2) In this Act the expression ‘local Act’ includes an Act for the confirmation of a provisional order and the order thereby confirmed.
(3) In this Act the expression ‘statutory undertakers’ means any person authorised by Parliament to construct, work, or carry on any railway, canal, inland navigation, dock, harbour, tramway, gas, electricity, water, or other public undertaking.
8 Appeals to petty sessional court.
8. Where any enactment in this Act provides for an appeal to a petty sessional court against a notice, determination, requirement, order or intended order of a local authority under this Act—
(1) Notice in writing of the appeal and of the grounds thereof shall be given by the appellant to the clerk to the local authority;
(2) The court may make such order in the matter as they consider reasonable, and may award costs to be recoverable as a civil debt;
(3) No proceeding shall be taken by the local authority, or work executed, until after the determination or abandonment of the appeal;
(4) Notice of the right of appeal shall be endorsed on the order of the local authority and on any notice communicating their determination, requirement or intended order.
9 Repeals.
(1) As from the date on which a scale of charges is authorised by a local authority in accordance with the provisions of Part IX. of this Act, the enactments set out in Part I. of the Fifth Schedule to this Act shall cease to have effect so far as relates to the area of that authority to the extent mentioned in the third column of that Part of that Schedule.
(2) The enactments set out in Part II. of the Fifth Schedule to this Act are hereby repealed to the extent mentioned in the third column of that Part of that Schedule.
10 Crown rights.
10. Without prejudice to the generality of the provisions of section twelve of the Public Health Acts Amendment Act, 1907, nothing in this Act shall affect any privilege of the Postmaster-General under the Telegraph Act, 1869, or any works or apparatus belonging to him, or any power conferred on the Minister of Transport by the London Traffic Act, 1924.
To continue reading
Request your trial