Title and introductory text
Public Health Act 1936 1936 c.49 An Act to consolidate with amendments certain enactments relating to public health. [31st July 1936]
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In force since 2026-04-28, as the publisher states.
Copy read on 2026-11-09. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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Public Health Act 1936 1936 c.49 An Act to consolidate with amendments certain enactments relating to public health. [31st July 1936]
Propose a change(1) Subject to the provisions of this Act with respect to certain special authorities, districts and areas, it shall be the duty of the following authorities to carry this Act , excluding Part VI except section 198, into execution, that is to say— (a) Except in Walesin a county, the county council as respects certain matters and the district councils as respects all other matters, without prejudice, however, to the exercise by a parish . . . council of any powers conferred upon such councils; (aa) in Wales, the county council or county borough council as respects all matters, without prejudice, however, to the exercise by a community council of any powers conferred upon such a council; (b) in a London borough, the borough council; (c) in the City of London, the Common Council; and (d) in the Inner Temple and the Middle Temple, the Sub-Treasurer and the Under Treasurer thereof respectively. (2) In this Act— “ community ”, in relation to a common community council acting for two or more grouped communities, means those communities; “ district ”, in relation to a local authority in Greater London, means a London borough, the City of London, the Inner Temple or the Middle Temple, as the case may be; and, in relation to a local authority in Wales, means a county or (as the case may be) county borough “ local authority ” means the council of a district or London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple and the Under Treasurer of the Middle Temple; but, in relation to Wales, means the council of a county or county borough. “ parish ”, in relation to a common parish council acting for two or more grouped parishes, means those parishes.
Propose a change(1) Subject to the provisions of this section, if, on an application made to him by the local authorities of the districts to which the application relates, or by any of those authorities, it appears to the Minister that it would be for the advantage of those districts or any of them, or of any parts of those districts or any of them (whether such parts are contributory places or not), to be constituted a united district for any purpose of this Act, or of the Public Health Acts 1875 to 1932, so far as those Acts are not repealed, or of the Public Health (Control of Disease) Act 1984 except section 46,or of the Building Act 1984, the Minister may, by order, constitute for that purpose a united district consisting of such of those districts or parts of districts as can, in his opinion, be combined advantageously. (2) The governing body of a united district shall be a joint board, which shall be constituted by the order constituting the district and shall consist of representatives of the local authorities of the constituent districts or parts of districts: Provided that, if the council of the county, or of any of the counties, in which the united district or any part thereof will be situate, undertake to make annual contributions towards the expenses of the joint board, provision may be made by the order constituting the board for the board to include representatives of that council, so, however, that the number of representatives appointed under this proviso shall be less than one-half of the total number of the members of the board. (3) A joint board constituted under this section shall be a body corporate by such name as may be determined by the order constituting the united district, and shall have perpetual succession and a common seal . . . (4) Where the Minister proposes to make an order under this section, he shall give notice thereof to the local authority of every district which, or any part of which, is proposed to be included in the united district, and also to the county council, and, if within twenty-eight days after such notice has been given to any such authority or council, they give notice to the Minister that they object to the proposal and the objection is not withdrawn, any order made by the Minister shall be subject to special Parliamentary procedure. (5) All expenses of, and incidental to, the constitution of a united district shall be payable by the joint board and, so far as those expenses are expenses incurred by the Minister, the amount thereof as certified by him shall be recoverable by him from the board as a debt due to the Crown. (6) In relation to Wales, the proviso in subsection (2) of this section does not apply and subsection (4) of this section applies as if the words “and also the county council” and “or council” were omitted.
Propose a change(1) A local authority having jurisdiction in any part of a united district shall cease to discharge in relation thereto any functions which are functions of the joint board: . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) An order made by the Minister under the foregoing provisions of this Part of this Act constituting a . . . united district, or such a joint board as is mentioned in the last preceding section, may contain such incidental, consequential and supplementary provisions as appear to him to be necessary or proper for bringing the order into operation and giving full effect thereto and, in particular, but without prejudice to the generality of the foregoing words, provisions— (a) for the settlement of any differences arising in consequence of the operation of the order, between districts, parishes or other areas; (b) for the transfer of property and liabilities, and the making of any such adjustment of accounts or apportionment of liabilities between districts, parishes or other areas as may be rendered necessary by the operation of the order; and (c) as to the persons by and to whom any moneys found to be due are to be paid, and the raising of such moneys. (2) Any such order as aforesaid, . . . , may be amended or revoked by a subsequent order made by the Minister, but, where the Minister proposes to make an order under this subsection, he shall give notice thereof to . . . joint board concerned and to every authority or council which is, or under the proposed order will be, a constituent authority or council, and, if within twenty-eight days after such notice has been given to any such authority, board or council they give notice to the Minister that they object to the proposal and the objection is not withdrawn, any order made by the Minister shall be subject to special Parliamentary procedure. (3) Any reference in this Act to an order constituting a . . . united district, or joint board shall be construed as including a reference to any order made under this section for the amendment of the original order.
Propose a changeA . . . joint board constituted under this Part of this Act shall, subject to the provisions of the order by which they were constituted, have the like powers of borrowing for the purposes of their functions under the order as a local authority have of borrowing for the purposes of their functions under this Act.
Propose a changeWorks for the supply of sewage to land for agricultural purposes shall be deemed to be an improvement of land authorised by the Improvement of Land Act 1864 and the provisions of that Act shall apply accordingly.
Propose a change(1) If it appears to a local authority that any closets provided for or in connection with a building are in such a state as to be prejudicial to health or a nuisance, but that they can without reconstruction be put into a satisfactory condition, the authority shall by notice require the owner or the occupier of the building to execute such works, or to take such steps by cleansing the closets or otherwise, as may be necessary for that purpose. (2) In so far as a notice under this section requires a person to execute works, the provisions of Part XII of this Act with respect to appeals against, and the enforcement of, notices requiring the execution of works shall apply in relation to the notice. (3) In so far as such a notice requires a person to take any steps other than the execution of works, he shall, if he fails to comply with the notice, be liable to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding £2 for each day on which the offence continues after conviction therefor: Provided that in any proceedings under this subsection it shall be open to the defendant to question the reasonableness of the authority’s requirements or of their decision to address their notice to him and not to the occupier or, as the case may be, the owner of the building. (4) This section shall not apply . . . to a factory . . . . . . or to a building to which the next succeeding section applies.
Propose a change(1) Where it appears to a local authority that there are reasonable grounds for believing that a sanitary convenience, drain, private sewer or cesspool is in such a condition as to be prejudicial to health or a nuisance, or that a drain or private sewer communicating. . . indirectly with a public sewer is so defective as to admit subsoil water, they may examine its condition, and for that purpose may apply any test, other than a test by water under pressure, and, if they deem it necessary, open the ground. (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) If on examination the convenience, drain, sewer or cesspool is found to be in proper condition, the authority shall, as soon as possible, reinstate any ground which has been opened by them and make good any damage done by them.
Propose a change(1) A room which, or any part of which, is immediately over a closet, other than a watercloset or earthcloset, or immediately over a cesspool, midden or ashpit, shall not be occupied as a living room, sleeping room or workroom. (2) Any person who, after seven days’ notice from the local authority, occupies any room in contravention of the provisions of this section, or who permits any room to be so occupied, shall be liable to a fine not exceeding level 1 on the standard scale, and to a further fine not exceeding £2 for each day on which the offence continues after conviction therefor.
Propose a change(1) If the contents of any cesspool soak therefrom or overflow, the local authority . . . may by notice require the person by whose act, default or sufferance the soakage or overflow occurred or continued to execute such works, or to take such steps by periodically emptying the cesspool or otherwise, as may be necessary for preventing the soakage or overflow: Provided that this subsection shall not apply in relation to the effluent from a properly constructed tank for the reception and treatment of sewage, if that effluent is of such a character, and is so conveyed away and disposed of, as not to be prejudicial to health or a nuisance. (2) In so far as a notice under this section requires a person to execute works, the provisions of Part XII of this Act with respect to appeals against, and the enforcement of, notices requiring the execution of works shall apply in relation to the notice. (3) In so far as such a notice requires a person to take any steps other than the execution of works, he shall, if he fails to comply with the notice, be liable to a fine not exceeding level 1 on the standard scale, and to a further fine not exceeding £2 for each day on which the offence continues after conviction therefor: Provided that in any proceedings under this subsection it shall be open to the defendant to question the reasonableness of the authority’s requirements.
Propose a change(1) The occupier of every building in, or in connection with, which a watercloset or an earthcloset is provided shall, in the case of a watercloset, cause the flushing apparatus thereof to be kept supplied with water sufficient for flushing and where necessary to be properly protected against frost, and shall, in the case of an earthcloset, cause it to be kept supplied with dry earth or other suitable deodorising material. (2) A person who fails to comply with any of the provisions of this section shall be liable to a fine not exceeding level 1 on the standard scale
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