Section 159 Public health etc.

England, Wales and Scotland

(1)

The Secretary of State may by order provide that an urban development corporation shall have in its area (or in such part of its area as may be specified in the order) the functions conferred on a local authority—

(a)

by sections 83 and 84 of the M1Public Health Act 1936 and sections 35 to 37 of the M2Public Health Act 1961 (all of which relate to filthy or verminous premises or articles) or in relation to Scotland by F1Part 5 of the Public Health etc. (Scotland) Act 2008;

(b)

by any enactment contained in Part III (nuisances and offensive trades) F2or IX (common lodging houses) of the Public Health Act 1936 or in relation to Scotland by F3Part 5 of the Public Health etc. (Scotland) Act 2008 (public health functions of local authorities);

(c)

by so much of Part XII of the Public Health Act 1936 as relates to any of the enactments mentioned in paragraphs (a) and (b) above; and

(d)

by Part I of the M3Prevention of Damage by Pests Act 1949 (rats and mice) , F4...

(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

On the order coming into force, the corporation shall have the functions conferred in relation to the area (or part) instead of or concurrently with any such authority, depending on the terms of the order.

(3)

The order may provide that any enactment under which the corporation is to exercise functions by virtue of the order shall have effect in relation to the corporation and, where the corporation is to have any function concurrently with another authority, in relation to that authority, as modified by the order.

(4)

The order shall have effect, subject to such savings and transitional and supplementary provisions as may be specified in the order.

(5)

The power to make an order under this section shall be exercisable by statutory instrument.

(6)

No order under this section shall have effect until approved by a resolution of each House of Parliament.

Annotations

Textual amendments

F1: Words in s. 159(1)(a) substituted (S.) (1.10.2009) by The Public Health etc. (Scotland) Act 2008 (Commencement No. 2, Savings and Consequential Provisions) Order 2009 (S.S.I. 2009/319), art. 2, sch. 2 para. 4
F2: Words repealed (E.W.) by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I
F3: Words in s. 159(1)(b) substituted (S.) (1.12.2009) by The Public Health etc. (Scotland) Act 2008 (Commencement No.3, Consequential Provisions and Revocation) Order 2009 (S.S.I. 2009/404), sch. 2
F4: S. 159(1)(e) and word repealed (6.4.2010 for E., 26.7.2010 for W.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 2, Sch. 15 Pt. 3; S.I. 2010/708, art. 6(e)(f) (with Sch. 2); S.I. 2010/1547, art. 2(e)(f) (with Sch. 1)

Marginal citations

M1: 1936 c. 49 (100:1).
M2: 1961 c. 64 (100:1).
M3: 1949 c. 55 (100:3).

Notes on Part XVI

Modifications

C1

Pt. 16: power to amend conferred (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)

C2

Pt. 16 (ss. 134-172) extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxviii); S.I. 1996/218, art. 2

Pt. 16 (ss. 134-172) applied (27.5.1997) by 1997 c. 8, ss. 116(3)(a), 278(2)

C3

Pt. 16 (ss. 134–172) extended (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 1(2)(xxiv) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

C4

Pt. 16 (ss. 134–172) extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 1(1)(xxxiv) (with s. 112(3), Sch. 17 paras. 33, 35)

C5

Pt. 16 extended by Gas Act 1986 (c. 44, SIF 44), s. 67(1)(3), Sch. 7 para. 2(1)(xxxix), Sch. 8 para. 33

C6

Pt. 16 amended by S.I. 1988/900, art. 2

C7

Pt. 12 (ss. 102–111), Pt. 16 (ss. 134–172) extended by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(1), Sch. 16 para. 1(1)(xxxiv) (with s. 112(3), Sch. 17 paras. 33, 35(1))