OpenLegislation

Section 31 Application of Public Health Act 1936, &c.C1

England, Wales and Scotland

(1)

Parts I and XII of the M1Public Health Act 1936 (which contain provisions relating to local administration and general and supplemental provisions) shall, so far as applicable and subject to the modifications and supplementary provisions contained in Part I of the Third Schedule to this Act, have effect in relation to this Act as if the provisions of this Act F1(other than the provisions amending the M2Alkali, &c. Works Regulation Act 1906) were provisions of the first mentioned Act.

(2)

Any order made or having effect as if made under the Public Health Act 1936, which confers or imposes functions, rights or liabilities on a port health authority, being an order in force immediately before the appointed day, shall, as from the appointed day, have effect as if any references therein to, or which are to be construed as references to, functions, rights or liabilities of a local authority under all or any of the provisions of sections one hundred and one to one hundred and six of that Act included references to the functions, rights or liabilities of a local authority under this Act.

(3)

Without prejudice to the provisions of subsections (1) and (2) of this section, any two or more local authorities may combine for the purpose of declaring an area to be a smoke control area and in that event—

(a)

the smoke control area may be the whole of the districts of those authorities or any part thereof;

(b)

the references in section eleven of this Act and the first Schedule to this Act, and the first reference in subsection (1) of section twelve of this Act, to the local authority shall be construed as references to the local authorities acting jointly;

(c)

the reference in paragraph 2 of the said First Schedule to a place in the district of the local authority shall be construed as a reference to a place in each of the districts of the local authorities; but

(d)

save as aforesaid the references in this Act to the local authority shall, in relation to a building or dwelling, or to a boiler or industrial plant, in the smoke control area, be construed as references to that one of the local authorities within whose district the building, dwelling, boiler or plant is situated.

(4)

For the avoidance of doubt it is hereby declared that where a port health authority or joint board has functions, rights or liabilities under this Act—

(a)

any reference in this Act to a local authority or its district includes, in relation to those functions, rights or liabilities, a reference to the port health authority or board or its district;

(b)

for the purposes of this Act, no part of the district of any such port health authority or board is to be treated, in relation to any matter falling within the competence of the authority or board, as forming part of the district of any other authority.

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(6)

Any premises which extend into the districts of two or more authorities shall be treated for the purposes of this Act as being wholly within such one of those districts as may from time to time be agreed by those authorities, F3or, in default of agreement, determined by the Minister.

(7)

In the application of this section to Scotland—

(a)

for the reference to Parts I and XII of the M3Public Health Act 1936, there shall be substituted a reference to the following provisions, that is to say, sections eighteen, one hundred and sixty-one, one hundred and sixty-four and one hundred and seventy-two of the M4Public Health (Scotland) Act 1897, sections F4two, twenty to twenty-two, one hundred and sixty-one, one hundred and sixty-eight to one hundred and seventy-one, and F5section 197121 to 123, 131, 312 to 315 and 330 of the M5Housing (Scotland) Act 19661987 and section fourteen of the M6Housing (Repairs and Rents) (Scotland) Act 1954section 336 of the Housing (Scotland) Act 1987; and for the words “Part I of the Third Schedule” there shall be substituted the words “Part III of the Third Schedule”;

(b)

for references to the M7Public Health Act 1936, and to sections one hundred and one to one hundred and six of that Act there shall be substituted respectively references to the M8Public Health (Scotland) Act 1897, and to sections sixteen to twenty-seven of that Act in so far as they relate to the nuisances specified in paragraphs (9) and (10) of the said section sixteen; and

(c)

. . . F6

Annotations

Textual amendments

F1

Words repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 18 Pt. I

F2

S. 31(5) repealed by Local Government Act 1972 (c. 70), Sch. 30

F3

Words repealed (E.W.) by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 1), ss. 1(2), 194, Sch. 2 para. 3, Sch. 34 Pt. II

F4

Words “121 to 123, 131, 312 to 315 and 330”, “1987” and “section 336 of the Housing (Scotland) Act 1987” substituted (S.) for words “2, 20 to 22, 161, 168 to 171, 197”, “1966” and “section 14 of the Housing (Repairs and Rents) (Scotland) Act 1954” respectively by Housing (Scotland) Act 1987 (c. 26, SIF 61), ss. 335, 339, Sch. 23 para. 6(2)

F5

Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a)

F6

S. 31(7)(c) repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Marginal citations

M1

1936 c. 49.

M2

1906 c. 14.

M3

1936 c. 49.

M4

1897 c. 38.

M5

1966 c. 34.

M6

1954 c. 50.

M7

1936 c. 49.

M8

1897 c. 38

Modifications

C1

S. 31 amended by Clean Air Act 1968 (c. 62), Sch. 1 para. 1

Notes on the whole Act

Textual amendments

F1

Act repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch.6.