259 Nuisances in connection with water-courses, ditches, ponds, &c.
(1) The following matters shall be statutory nuisances for the purposes of Part III of the Environmental Protection Act 1990, that is to say—
(a) any pond, pool, ditch, gutter or watercourse which is so foul or in such a state as to be prejudicial to health or a nuisance;
(b) any part of a watercourse, not being a part ordinarily navigated by vessels employed in the carriage of goods by water, which is so choked or silted up as to obstruct or impede the proper flow of water and thereby to cause a nuisance, or give rise to conditions prejudicial to health:
Provided that in the case of an alleged nuisance under paragraph (b) nothing in this subsection shall be deemed to impose any liability on any person other than the person by whose act of default the nuisance arises or continues.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
260 Power of parish council, or local authority, to deal with ponds, ditches, &c.
(1) A parish council may—
(a) deal with any pond, pool, ditch, gutter or place containing, or used for the collection of, any drainage, filth, stagnant water, or matter likely to be prejudical to health, by draining, cleansing or covering it, or otherwise preventing it from being prejudicial to health, but so as not to interfere with any private right, or with any public drainage, sewerage or sewage disposal works;
(b) execute any works, including works of maintenance or improvement, incidental to or consequential on any exercise of the foregoing power;
(c) contribute towards the expenses incurred by any other person in doing anything mentioned in this subsection.
(2) Without prejudice to their right to take action in respect of any statutory nuisance, a local authority may exercise any powers which a parish council may exercise under this section.
261 Provision for obtaining order for cleansing offensive ditches lying near to, or forming, boundary of district.
Upon a complaint by a local authority against the local authority of an adjoining district that a watercourse or ditch which forms the boundary between their districts, or which lies in the adjoining district but near to that boundary, is so foul and offensive as injuriously to affect the district of the complainants, a court of summary jurisdiction having jurisdiction in the place where the watercourse or ditch is situate may make such order as it deems reasonable with respect to the cleansing of the watercourse or ditch and the execution of any work appearing to the court to be necessary, and with respect to the person by whom the work is to be executed, and the persons by whom, and the proportions in which, the costs of the work are to be paid.
264 Urban authority may require repair and cleansing of culverts.
The owner or occupier of any land ... shall repair, maintain and cleanse any culvert in, on or under that land, and, if it appears to the local authority that any person has failed to fulfil his obligations under this section, they may by notice require him to execute such works of repair, maintenance or cleansing as may be necessary.
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 any notice given under this section.
265 Power of local authority to defray cost of, or execute, works relating to watercourses.
A local authority may, if they think fit, contribute the whole or a part of the expenses of the execution of works for any of the purposes mentioned in the foregoing provisions of this Part of this Act, or may be agreement with any owner or occupier themselves execute any such works which he may be required, or is entitled, to execute.
266 †Saving for land drainage authorities, the London County Council, railway companies and dock undertakers.
(1) The powers conferred by the foregoing provisions of this Part of this Act shall not be exercised—
(i) with respect to any stream, watercourse, ditch or culvert within the jurisdiction of a land drainage authority, except after consultation with that authority;
(ii) . . .
Provided that nothing in this subsection shall apply in relation to the taking of proceedings in respect of a statutory nuisance.
(2) Nothing in the foregoing provisions of this Part of this Act shall prejudice or affect the powers of any railway company or dock undertakers to culvert or cover in any stream or watercourse, or, without the consent of the railway company or dock undertakers concerned, extend to any culvert or covering of a stream or watercourse constructed by a railway company and used by them for the purposes of their railway, or constructed by dock undertakers and used by them for the purposes of their undertaking.
267 Application to ships and boats of certain provisions of Act.
(1) For the purposes of such of the provisions of this Act specified in subsection (4) of this section as are provisions for the execution of which local authorities are responsible, a vessel lying in any inland or coastal waters shall—
(a) if those water are within a port health district, be subject to the jurisdiction of the port health authority for that district;
(b) if those waters are within the district of a local authority but not within a port health district, be subject to the jurisdiction of that local authority;
(c) if those waters are not within the district of any local authority or any port health district, be subject to the jurisdiction of such local authority as the Minister may from time to time by order direct or, if no such direction is given, within the jurisdiction of the local authority whose district includes that point on land which is nearest to the spot where the vessel is lying.
(2) For the purposes of such of the said provisions as are provisions for the execution of which county councils are responsible, a vessel when lying in any inland or coastal waters not within a county shall be subject to the jurisdiction of the council of the county which includes that point on land which is nearest to the spot where the vessel is lying.
(2A) Subsection (2) of this section does not apply if the point on land which is nearest to the spot where the vessel is lying is in Wales.
(3) In relation to any vessel the said provisions shall have effect as if—
(a) the vessel were a house, building or premises within the district, or, as the case may be, the county, of the port health authority or local authority or county council to whose jurisdiction it is subject; and
(b) the master, or other officer or person in charge, of the vessel were the occupier.
(4) The provisions of this Act referred to in the preceding subsections are Parts . . . , . . . , VI and XII and, so far as regards boats used for human habitation, the provisions of Part II relating to filthy or verminous premises or articles and verminous persons:
. . .
(5) This section does not apply to any vessel belonging to His Majesty or under the command or charge of an officer holding His Majesty’s commission, or to any vessel belonging to a foreign government.
(6) In determining for the purposes of subsection (1) above what provisions of this Act specified in subsection (4) above are provisions for the execution of which local authorities are responsible, no account shall be taken of any enactment (whether contained in this Act or not) relating to port health authorities or joint boards or to any particular port health authority or joint board or of any instrument made under any such enactment
268 Nuisances arising from, and byelaws and other matters relating to, tents, vans, &c.
(1) The provisions of Part III of the Environmental Protection Act 1990 and Parts . . . , VII and XII of this Act, and the provisions of Part II relating to filthy or verminous premises or articles and verminous persons, shall apply in relation to tents, vans, sheds and similar structures used for human habitation as they apply in relation to other premises and as if a tent, van, shed or similar structure used for human habitation were a house or a building so used.
(2) For the purposes of Part III of the Environmental Protection Act 1990 a tent, van, shed or similar structure used for human habitation—
(a) which is in such a state, or so overcrowded, as to be prejudicial to the health of the inmates; or
(b) the use of which, by reason of the absence of proper sanitary accommodation or otherwise, gives rise, whether on the site or on other land, to a nuisance or to conditions prejudicial to health,
shall be a statutory nuisance, and the expression “occupier” in relation to a tent, van, shed or similar structure shall include any person for the time being in charge thereof.
(3) Where such a nuisance as is mentioned in paragraph (b) of the preceding subsection is alleged to arise, wholly or in part, from the use for human habitation of any tent, van, shed or similar structure, then, without prejudice to the liability of the occupants or other users thereof, an abatement notice may be served on, and proceedings under Part III of the Environmental Protection Act 1990 may be taken against, the occupier of the land on which the tent, van, shed, or ether structure is erected or stationed:
Provided that it shall be a defence for him to prove that he did not authorise the tent, van, shed or other structure to be stationed or erected on the land.
(4) A local authority may make byelaws for promoting cleanliness in, and the habitable conditions of, tents, vans, sheds and similar structures used for human habitation, . . . and generally for the prevention of nuisances in connection therewith.
(5) The powers of a court before which proceedings are brought—
(a) in respect of a statutory nuisance caused by, or arising in connection with, a tent, van, shed or similar structure used for human habitation; or
(b) in respect of any contravention of byelaws made under this section,
shall include power to make an order prohibiting the use for human habitation of the tent, van, shed or other structure in question at such places, or within such area, as may be specified in the order.
269 Power of local authority to control use of moveable dwellings.
(1) For the purpose of regulating in accordance with the provisions of this section the use of moveable dwellings within their district, a local authority may grant—
(i) licences authorising persons to allow land occupied by them within the district to be used as sites for moveable dwellings; and
(ii) licences authorising persons to erect or station, and use, such dwellings within the district;
and may attach to any such licence such conditions as they think fit—
(a) in the case of a licence authorising the use of land, with respect to the number and classes of moveable dwellings which may be kept thereon at the same time, and the space to be kept free between any two such dwellings, with respect to water supply, and for securing sanitary conditions;
(b) in the case of a licence authorising the use of a moveable dwelling, with respect to the use of that dwelling (including the space to be kept free between it and any other such dwelling) and its removal at the end of a specified period, and for securing sanitary conditions.
(2) Subject to the provisions of this section, a person shall not allow any land occupied by him to be used for camping purposes on more than forty-two consecutive days or more than sixty days in any twelve consecutive months, unless either he holds in respect of the land so used such a licence from the local authority of the district as is mentioned in paragraph (i) of the preceding subsection, or each person using the land as a site for a moveable dwelling holds in respect of that dwelling such a licence from that authority as is mentioned in paragraph (ii) of the said subsection.
For the purposes of this subsection, land which is in the occupation of the same person as, and within one hundred yards of, a site on which there is during any part of any day a moveable dwelling shall be regarded as being used for camping purposes on that day.
(3) Subject to the provisions of this section, a person shall not keep a moveable dwelling on any one site, or on two or more sites in succession, if any one of those sites is within one hundred yards of another of them, on more than forty-two consecutive days, or sixty days in any twelve consecutive months, unless either he holds in respect of that dwelling such a licence from the local authority of the district as is mentioned in paragraph (ii) of subsection (1) of this section, or the occupier of each piece of land on which the dwelling is kept holds in respect of that land such a licence from that authority as is mentioned in paragraph (i) of the said subsection.
(4) Where under this section an application for a licence is made to a local authority, the authority shall be deemed to have granted it unconditionally, unless within four weeks from the receipt thereof they give notice to the applicant stating that his application is refused, or stating the conditions subject to which a licence is granted, and, if an applicant is aggrieved by the refusal of the authority to grant him a licence, or by any condition attached to a licence granted, he may appeal to a court of summary jurisdiction.
(5) Nothing in this section applies—
(i) to a moveable dwelling which—
(a) is kept by its owner on land occupied by him in connection with his dwelling-house and is used for habitation only by him or by members of his household; or
(b) is kept by its owner on agricultural land occupied by him and is used for habitation only at certain seasons and only by persons employed in farming operations on that land; or
(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii) to a moveable dwelling while it is not in use for human habitation and is being kept on premises the occupier of which permits no moveable dwellings to be kept thereon except such as are for the time being not in use for human habitation.
(6) If an organisation satisfies the Minister that it takes reasonable steps for securing—
(a) that camping sites belonging to or provided by it, or used by its members, are properly managed and kept in good sanitary condition; and
(b) that moveable dwellings used by its members are so used as not to give rise to any nuisance,
the Minister may grant to that organisation a certificate of exemption.
A certificate so granted may be withdrawn at any time, but while in force shall for the purposes of this section have the effect of a licence—
(i) authorising the use as a site for moveable dwellings of any camping ground belonging to, provided by or used by members of, the organisation;
(ii) authorising any member of the organisation to erect or station on any site, and use, a moveable dwelling.
In this subsection the expression “member” in relation to an organisation includes a member of any branch or units of, or formed by, the organisation.
(7) A person who contravenes any of the provisions of this section, or fails to comply with any condition attached to a licence granted to him under this section, 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.
(8) For the purposes of this section—
(i) the expression “moveable dwelling” includes any tent, any van or other conveyance whether on wheels or not, and, subject as hereinafter provided, any shed or similar structure, being a tent, conveyance or structure which is used either regularly, or at certain seasons only, or intermittently, for human habitation:
Provided that it does not include a structure to which building regulations apply;
(ii) the owner of land which is not let shall be deemed to be the occupier thereof;
(iii) if a moveable dwelling is removed from the site on which it stands, but within forty-eight hours is brought back to the same site or to another site within one hundred yards thereof, then, for the purpose of reckoning any such period of forty-two consecutive days as is mentioned in subsection (2) or subsection (3) of this section, it shall be deemed not to have been removed or, as the case may be, to have been moved direct from the one site to the other.
(9) Subject as hereinafter provided, this section shall not apply to any district in which at the commencement of this Act there was in force a local Act containing provisions enabling the local authority to regulate, by means of byelaws or licences or otherwise, the use of moveable dwellings or camping grounds:
Provided that, on the application of the local authority, the Minister may declare this section to be in force in their district, and upon the declaration taking effect, such of the provisions of the local Act as may be specified in the declaration shall be repealed or, as the case may be, shall be repealed as respects the district of that authority.
270 Byelaws as to hop-pickers and persons engaged in similar work.
A local authority may make byelaws for securing the decent lodging and accommodation of hop-pickers and other persons engaged temporarily in picking, gathering or lifting fruit, flowers, bulbs, roots or vegetables within their district.
275 Power of local authority to execute certain work on behalf of owners or occupiers.
A local authority may by agreement with the owner or occupier of any premises themselves execute at his expense any work which they have under this Act required him to execute, or any work in connection with the construction, laying, alteration or repair of a sewer, or drain, which he is entitled to execute, and for that purpose they shall have all such rights as he would have.
276 Power of local authority to sell certain materials.
(1) A local authority may sell any materials which have been removed by them from any premises, including any street, when executing works under, or otherwise carrying into effect the provisions of, this Act, and which are not before the expiration of three days from the date of their removal claimed by the owner and taken away by him.
(2) Where a local authority sell any materials under this section, they shall pay the proceeds to the person to whom the materials belonged after deducting the amount of any expenses recoverable by them from him.
(3) This section does not apply to refuse removed by a local authority.
278 Compensation to individuals for damage resulting from exercise of powers under Act.
(1) Subject to the provisions of this section, a local authority shall make full compensation to any person who has sustained damage by reason of the exercise by the authority of any of their powers under this Act in relation to a matter as to which he has not himself been in default.
(2) Any dispute arising under this section as to the fact of damage, or as to the amount of compensation, shall be determined by arbitration:
Provided that, if the compensation claimed does not exceed fifty pounds, all questions as to the fact of damage, liability to pay compensation and the amount of compensation may on the application of either party be determined by, and any compensation awarded may be recovered before, a court of summary jurisdiction.
(3) No person shall be entitled by virtue of this section to claim compensation . . . on the ground that he has sustained damage by reason of any action of a local authority in respect of which the authority are by this Act authorised to pay compensation if they think fit.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section one hundred and fifty-three of the Public Health Act 1875 (which relates to the power to require gas and water pipes to be moved), shall apply for the purposes of this Act as it applies for the purposes of that Act.
283 Notices to be in writing; forms of notices, &c.
(1) All notices, orders, consents, demands and other documents authorised or required by or under this Act to be given, made or issued by a council, and all notices and applications authorised or required by or under this Act to be given or made to, or to any officer of, a council shall be in writing.
(2) The Minister may by regulations prescribe the form of any notice, advertisement, certificate or other document to be used for any of the purposes of this Act and, if forms are so prescribed, those forms or forms to the like effect may be used in all cases to which those forms are applicable.
(1) Any notice, order, consent, demand or other document which a council are authorised or required by or under this Act to give, make or issue may be signed on behalf of the council—
(a) by the clerk of the council;
(b) by the surveyor, the medical officer of health, the sanitary inspector or the chief financial officer, of the council as respects documents relating to matters within their respective provinces;
(c) by any officer of the council authorised by them in writing to sign documents of the particular kind or, as the case may be, the particular document.
(2) Any document purporting to bear the signature of an officer expressed to hold an office by virtue of which he is under this section empowered to sign such a document, or expressed to be duly authorised by the council to sign such a document or the particular document, shall for the purposes of this Act, and of any byelaws building regulations and orders made thereunder, be deemed, until the contrary is proved, to have been duly given, made or issued by authority of the council
In this subsection the expression “signature” includes a facsimile of a signature by whatever process reproduced.
Any notice, order, consent, demand or other document which is required or authorised by or under this Act to be given to or served on any person may, in any case for which no other provision is made by this Act, be given or served either—
(a) by delivering it to that person; or
(b) in the case of a coroner, or a medical officer of health, by leaving it or sending it in a prepaid letter addressed to him, at either his residence or his office and, in the case of any other officer of a council, by leaving it or sending it in a prepaid letter addressed to him, at his office; or
(c) in the case of any other person, by leaving it or sending it in a prepaid letter addressed to him, at his usual or last known residence; or
(d) in the case of an incorporated company or body, by delivering it to their secretary or clerk at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or
(e) in the case of a document to be given to or served on a person as being the owner of any premises by virtue of the fact that he receives the rackrent thereof as agent for another, or would so receive it if the premises were let at a rackrent, by leaving it, or sending it in a prepaid letter addressed to him, at his place of business; or
(f) in the case of a document to be given to or served on the owner or the occupier of any premises, if it is not practicable after reasonable inquiry to ascertain the name and address of the person to or on whom it should be given or served, or if the premises are unoccupied, by addressing it to the person concerned by the description of “owner” or “occupier” of the premises (naming them) to which it relates, and delivering it to some person on the premises, or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.
(1) Subject to the provisions of this section, any authorised officer of a council shall, on producing, if so required, some duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours—
(a) for the purpose of ascertaining whether there is, or has been, on or in connection with the premises any contravention of the provisions of this Act or of any byelaws or building regulations made thereunder, being provisions which it is the duty of the council to enforce;
(b) for the purpose of ascertaining whether or not circumstances exist which would authorise or require the council to take any action, or execute any work, under this Act or any such byelaws or building regulations;
(c) for the purpose of taking any action, or executing any work, authorised or required by this Act or any such byelaws or building regulations, or any order made under this Act, to be taken, or executed, by the council;
(d) generally, for the purpose of the performance by the council of their functions under this Act or any such byelaws or building regulations:
Provided that admission to any premises not being a factory, . . . or workplace, shall not be demanded as of right unless twenty-four hours’ notice of the intended entry has been given to the occupier.
(2) If it is shown to the satisfaction of a justice of the peace on sworn information in writing—
(a) that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of urgency, or that an application for admission would defeat the object of the entry; and
(b) that there is reasonable ground for entry into the premises for any such purpose as aforesaid,
the justice may by warrant under his hand authorise the council by any authorised officer to enter the premises, if need be by force:
Provided that such a warrant shall not be issued unless the justice is satisfied either that notice of the intention to apply for a warrant has been given to the occupier, or that the premises are unoccupied, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry.
(3) An authorised officer entering any premises by virtue of this section, or of a warrant issued thereunder, may take with him such other persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them.
(4) Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.
(5) If any person who in compliance with the provisions of this section or of a warrant issued thereunder is admitted into a factory,. . . or workplace discloses to any person any information obtained by him in the factory,. . . or workplace with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty, be liable to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding three months.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A person who wilfully obstructs any person acting in the execution of this Act or of any byelaw building regulation, order or warrant made or issued thereunder shall, in any case for which no other provision is made by this Act, be liable to a fine not exceeding £10 for a first offence and £20 for a second or subsequent offence.
289 Power to require occupier to permit works to be executed by owner.
If on a complaint made by the owner of any premises, it appears to a court of summary jurisdiction that the occupier of those premises prevents the owner from executing any work which he is by or under this Act required to execute, the court may order the occupier to permit the execution of the work.
290 Provisions as to appeals against, and the enforcement of, notices requiring execution of works.
(1) The following provisions of this section shall, subject to any express modifications specified in the section under which the notice is given, apply in relation to any notice given under this Act which is expressly declared to be a notice in relation to which the provisions of this Part of this Act with respect to appeals against, and the enforcement of, notices requiring the execution of works are to apply.
(2) Any such notice shall indicate the nature of the works to be executed, and state the time within which they are to be executed.
(3) A person served with such a notice as aforesaid may appeal to a court of summary jurisdiction on any of the following grounds which are appropriate in the circumstances of the particular case:—
(a) that the notice or requirement is not justified by the terms of the section under which it purports to have been given or made;
(b) that there has been some informality, defect or error in, or in connection with, the notice;
(c) that the authority have refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary;
(d) that the time within which the works are to be executed is not reasonably sufficient for the purpose;
(e) that the notice might lawfully have been served on the occupier of the premises in question instead of on the owner, or on the owner instead of on the occupier, and that it would have been equitable for it to have been so served;
(f) where the work is work for the common benefit of the premises in question and other premises, that some other person, being the owner or occupier of premises to be benefited, ought to contribute towards the expenses of executing any works required.
(4) If and in so far as an appeal under this section is based on the ground of some informality, defect or error in or in connection with the notice, the court shall dismiss the appeal, if it is satisfied that the informality, defect or error was not a material one.
(5) Where the grounds upon which an appeal under this section is brought include a ground specified in paragraph (e) or paragraph (f) of subsection (3) of this section, the appellant shall serve a copy of his notice of appeal on each other person referred to, and in the case of any appeal under this section may serve a copy of his notice of appeal on any other person having an estate or interest in the premises in question, and on the hearing of the appeal the court may make such order as it thinks fit with respect to the person by whom any work is to be executed and the contribution to be made by any other person towards the cost of the work, or as to the proportions in which any expenses which may become recoverable by the local authority are to be borne by the appellant and such other person.
In exercising its powers under this subsection, the court shall have regard—
(a) as between an owner and an occupier, to the terms and conditions, whether contractual or statutory, of the tenancy and to the nature of the works required; and
(b) in any case, to the degree of benefit to be derived by the different persons concerned.
(6) Subject to such right of appeal as aforesaid, if the person required by the notice to execute works fails to execute the works indicated within the time thereby limited, the local authority may themselves execute the works and recover from that person the expenses reasonably incurred by them in so doing and, without prejudice to their right to exercise that power, he shall be liable to a fine not exceeding level 4 on the standard scale, and to a further fine not exceeding £2 for each day on which the default continues after conviction therefor.
(7) In proceedings by the local authority against the person served with the notice for the recovery of any expenses which the authority are entitled to recover from him, it shall not be open to him to raise any question which he could have raised on an appeal under this section.
291 Certain expenses recoverable from owners to be a charge on the premises: power to order payment by instalments.
(1) Where a local authority have incurred expenses for the repayment of which the owner of the premises in respect of which the expenses were incurred is liable, either under this Act or under any enactment repealed thereby, or by agreement with the authority, those expenses, together with interest from the date of service of a demand for the expenses, may be recovered by the authority from the person who is the owner of the premises at the date when the works are completed, or, if he has ceased to be the owner of the premises before the date when a demand for the expenses is served, either from him or from the person who is the owner at the date when the demand is served, and, as from the date of the completion of the works, the expenses and interest accrued due thereon shall, until recovered, be a charge on the premises and on all estates and interests therein.
(2) A local authority may by order declare any expenses recoverable by them under this section to be payable with interest by instalments within a period not exceeding thirty years, until the whole amount is paid; and any such instalments and interest, or any part thereof, may be recovered from the owner or occupier for the time being of the premises in respect of which the expenses were incurred, and, if recovered from the occupier, may be deducted by him from the rent of the premises:
Provided that an occupier shall not be required to pay at any one time any sum in excess of the amount which was due from him on account of rent at, or has become due from him on account of rent since, the date on which he received a demand from the local authority together with a notice requiring him not to pay rent to his landlord without deducting the sum so demanded.
An order may be made under this subsection at any time with respect to any unpaid balance of expenses and accrued interest so, however, that the period for repayment shall not in any case extend beyond thirty years from the service of the first demand for the expenses.
(3) The rate of interest chargeable under subsection (1) or subsection (2) of this section shall be such reasonable rate as the authority may determine:
. . .
(4) A local authority shall, for the purpose of enforcing a charge under this section, have all the same powers and remedies under the Law of Property Act 1925, and otherwise as if they were mortgages by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.
(1) Any sum which a council are entitled to recover under this Act, and with respect to the recovery of which provision is not made by any other section of this Act, may be recovered . . . as a simple contract debt in any court of competent jurisdiction.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where a council claim to recover any expenses under this Act from a person as being the owner of the premises in respect of which the expenses were incurred and that person proves that he—
(a) is receiving the rent of those premises merely as agent or trustee for some other person; and
(b) has not, and since the date of the service on him of a demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,
his liability shall be limited to the total amount of the money which he has or has had in his hands as aforesaid, but a council who are, or would be, debarred by the foregoing provisions from recovering the whole of any such expenses from an agent or trustee may recover the whole or any unpaid balance thereof from the person on whose behalf the agent or trustee receives the rent.
Where provision is made by or under this Act for the imposition of a daily penalty in respect of a continuing offence, the court by which a person is convicted of the original offence may fix a reasonable period from the date of conviction for compliance by the defendant with any directions given by the court and, where a court has fixed such a period, the daily penalty shall not be recoverable in respect of any day before the expiration thereof.
Proceedings in respect of an offence created by or under this Act shall not, without the written consent of the Attorney-General, be taken by any person other than a party aggrieved, or a council or a body whose function it is to enforce the provisions or byelaws in question, or by whom or by whose predecessors the byelaw in question was made.
300 Appeals and applications to courts of summary jurisdiction.
(1) Where any enactment in this Act provides—
(a) for an appeal to a court of summary jurisdiction against a requirement, refusal or other decision of a council; or
(b) for any matter to be determined by, or an application in respect of any matter to be made to, a court of summary jurisdiction,
the procedure shall be by way of complaint for an order, and the Summary Jurisdiction Acts shall apply to the proceedings.
(2) The time within which any such appeal may be brought shall be twenty-one days from the date on which notice of the council’s requirement, refusal or other decision was served upon the person desiring to appeal, and for the purposes of this subsection the making of the complaint shall be deemed to be the bringing of the appeal.
(3) In any case where such an appeal lies, the document notifying to the person concerned the decision of the council in the matter shall state the right of appeal to a court of summary jurisdiction and the time within which such an appeal may be brought.