Public Health (Scotland) Act 1867
| Jurisdiction | UK Non-devolved |
Public Health (Scotland) Act, 1867
(30 & 31 Vict.) C A P. CI.
An Act to consolidate and amend the Law relating to the Public Health inScotland .
[15th August 1867]
W HEREAS it is expedient to consolidate and amend the Laws applicable toScotland for Removal of Nuisances, for Prevention of Diseases, and for Sanitary Purposes generally: 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:
Preliminary.
1 Short title.
1. This Act may be cited for all Purposes as the ‘Public Health (Scotland ) Act, 1867.’
2 & 20 Vict. c. 103., except Part V., Sections441 to 447 inclusive of 25 & 26 Vict. c. 101., 28 & 29 Vict. c. 75.,and 29 & 30 Vict. c. 90. repealed.
2. From and after the First Day ofNovember One thousand eight hundred and sixty-seven, the Nuisances Removal (Scotland )Act, 1856, except Part V. thereof, Sections 441 to 447, both inclusive, of the General Police and Improvement (Scotland ) Act, 1862, and also the Sewage Utilization Act, 1865, and the Sanitary Act, 1866, so far as these Two last-mentioned Acts apply to Scotland ,are repealed: Provided always, that all Proceedings commenced or taken under the said Acts or any of them, in so far as hereby repealed, and not yet completed, may be proceeded with under the said Acts or any of them, or under this Act; and all Orders in Council, and all Directions and Regulations issued by the Board of Supervision under the said Acts or any of them, and all Appointments made, and all Contracts or Works undertaken, and generally all Claims, Rights, and Liabilities, Civil or Criminal, constituted or existing under the said Acts, before the passing of this Act, with the Remedies and Proceedings applicable thereto under the said Acts or this Act, shall continue and be as effectual as if the said Acts bad not been repealed; and where in any Enactments of any Act, General or Local, which shall continue in force after the Commencement of this Act, any of the Acts or Parts of Acts hereby repealed is cited or referred to, such Enactments shall be interpreted as if this Act were cited or referred to therein, and as if the Provisions of this Act were substituted for the Provisions hereby repealed.
3 Interpretation of certain Terms.
3. In this Act the following Words and Expressions shall have the Meanings herein-after assigned to them, unless such Meaning is inconsistent with the Context:
The Word ‘Board’ shall signify the Board of Supervision for the Relief of the Poor inScotland :
The Word ‘Secretary’ shall include Assistant Secretary:
The Expression ‘Medical Officer’ shall signify a duly qualified Medical Practitioner appointed under the Act Eighth and NinthVictoria , Chapter Eighty-three, or under this Act:
The Word ‘Sheriff’ shall include Sheriff Substitute:
The Word ‘Burgh’ shall include not only Royal Burgh, Parliamentary Burgh, Burgh incorporated by Act of Parliament, Burgh of Barony, and Burgh of Regality, but also any populous Place having a Town Council, Police Commissioners or Trustees exercising the Functions of Police Commissioners under any General or Local Act:
The Word ‘Magistrate’ shall include a Magistrate or Judge having Police Jurisdiction under the General Police and Improvement (Scotland ) Act, 1862, or under any General or Local Police Act which may be in force:
The Word ‘Decree’ or ‘decern’ shall include any Warrant, Sentence, Judgment, Order, or Interlocutor:
The Word ‘Owner’ shall signify the Person for the Time entitled to receive, or who would, if the same were let, be entitled to receive, the Rents of the Premises, and shall include a Trustee, Factor, Tutor, or Curator, and in case of Public or Municipal Property shall apply to the Persons to whom the Management thereof is intrusted:
The Word ‘Ship’ shall include any Sailing or Steam Ship, Vessel, or Boat:
The Word ‘Premises’ shall include Lands, Buildings, Structures of any Kind, Streams, Lakes, Drains, Ditches, or Places open, covered, or inclosed, and any Ship, lying in any Sea, River, Harbour, or other Water, orex adverso of any Place within the Limits of the Local Authority:
The Word ‘Person,’ and Words applied in this Act to any Person or Individual, shall apply to and include Women, Corporations, Clubs, Societies, Statutory Boards or Commissioners, Joint Stock Companies, Partnerships, Joint Owners, and Joint Occupants, and Trustees:
The Word ‘Company’ shall apply to and include Commissioners:
The Expression ‘Author of a Nuisance’ shall signify the Person through whose Act or Default the Nuisance is caused, exists, or is continued, whether he be the Owner or Occupier, or both:
The Expression ‘Common Lodging House’ shall signify a House or Part thereof where Lodgers are housed at an Amount not exceeding Fourpenceper Night for each Person, whether the same be payable nightly or weekly, or at any Period not longer than a Fortnight, or where the House is licensed to lodge more than Twelve Persons:
The Expression ‘Keeper of a Common Lodging House’ shall include any Person having or acting in the Care and Management of a Common Lodging House.
4 & 9 Vict. c. 19. and 23 & 24 Vict. c. 106.incorporated.
4.‘The Lands Clauses Consolidation (Scotland ) Act, 1845,’ and ‘The Lands Clauses Consolidation Acts Amendment Act, 1860,’ shall, for the special Purposes herein-after mentioned, be incorporated with and form Part of this Act, and shall be herein-after referred to as ‘The Lands Clauses Acts.’
PART I.
Local Authority and Board of Supervision
5 Local Authorities, as herein-named, to execute this Act.
5. The following Bodies shall respectively be the Local Authority to execute this Act in the Districts hereunder stated inScotland:
In Places within the Jurisdiction of any Town Council, and not subject to the Jurisdiction of Police Commissioners or Trustees as after mentioned,—the Town Council:
In Places within the Jurisdiction of Police Commissioners or Trustees exercising, the Functions of Police Commissioners under any General or Local Act,—the Police Commissioners or Trustees:
In any Parish, or Part thereof, over which the Jurisdiction of a Town Council or of Police Commissioners or Trustees exercising the Functions of Police Commissioners does not extend,—the Parochial Board of such Parish:
Provided always, that where any Parish shall be partly within and partly beyond the Jurisdiction of a Town Council and of Police Commissioners or Trustees, and of a Parochial Board, or of any Two or more of such Bodies, the Board, if Application be made to them by any of these Bodies, or by any Person having Interest, may, if they see fit, determine which of the said several Bodies shall be the Local Authority within the whole Limits or within any Portion of such Parish, and the Board may from Time to Time recal or vary such Determination; and provided further, that all Determinations already made under the Fifth Section of the Nuisances Removal (Scotland ) Act, 1856, shall be valid and effectual till recalled or varied under this Act.
6 Where District in more than One County.
6. Where any Parish or Burgh shall be situated in more than One County, the Board shall, on Application being made to them by any Person having Interest, determine in which One of such Counties such Parish or Burgh shall be held to be situated for the Purposes of this Act, whose Decision shall be final; and the Jurisdiction and Powers of Magistrates, Justices, and Sheriffs, and the Powers of their Officers under this Act, shall be regulated accordingly, and the Board may from Time to Time recal or vary such Determination; provided always, that all Determinations already made under the Fifth Section of the Nuisances Removal (Scotland )Act, 1856, shall be valid and effectual till recalled or varied under this Act.
7 Local Authorities to be Bodies Corporate. Committeesmay be appointed.
7. The Local Authorities shall respectively be Bodies Corporate, designated by such Names as they may usually bear or adopt, with Power to sue and be sued in such Names, and to hold Lands for the Purposes of this Act; and the Local Authority may appoint any Committee or Committees of their own Body to receive Notices, to take Proceedings, and in all or certain specified respects to execute this Act, whereof Two shall be a Quorum, unless a larger Quorum be specified in their Appointment; and such Local Authority or their Committee, thereto duly authorized, may, by Minute or other Writing signed by the Chairman of such Body or Committee, empower any Officer or Person to make Complaints and take Proceedings on their Behalf; and all Acts done or Proceedings taken by or against such Committee or Officer or Person shall be as valid as if they were done by or taken in the Name of all the Members of the Local Authority; and the Local Authority shall have Power to commence or carry on all Proceedings commenced, or which might have been commenced before the passing of this Act, by the Local Authority under any of the before repealed Acts, and shall be vested with all Property or pecuniary Claims so vested in such last-mentioned Local Authority.
8 Local Authority to appoint Sanitary Inspectors andother Officers.
8. The Local Authority may, and where it shall be thought necessary by the Board for the Purposes of this Act the Local...
To continue reading
Request your trial