Section 49 Rooms over closets of certain types, or over ashpits, &c., not to be used as living, sleeping or workrooms.C1C2C3C4
England and Wales
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.
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 F1level 1 on the standard scale, and to a further fine not exceeding F2£2 for each day on which the offence continues after conviction therefor.
Annotations
Textual amendments
- F1
Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
- F2
Words substituted by virtue of Decimal Currency Act 1969 (c. 19), s. 10(1)
Modifications
- C1
S. 49 modified (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2
- C2
S. 49 functions transferred and modified (E.) (14.6.2016) by The River Tees Port Health Authority Order 2016 (S.I. 2016/644), arts. 1(1), 9, Sch. 2
- C3
S. 49 functions transferred and modified (E.) (31.3.2017) by The Weymouth Port Health Authority Order 2017 (S.I. 2017/558), arts. 1(1), 9, Sch. 2 (with art. 9(3))
- C4
S. 49: functions etc. assigned to the Port Health Authority (7.11.2024) by The London Port Health Authority Order 2024 (S.I. 2024/1161), arts. 1(1), 4(2), Sch. (with arts. 4(3), 5(2))
Notes on Part II
Modifications
- C1
Pt. II amended by Health and Safety at Work, etc. Act 1974 (c. 37), s. 76(1)(2)
- C2
Pt. II (ss. 14–90) amended by Housing and Building Control Act 1984 (c. 29, SIF 61), ss. 41(1), 52(1) and 60(2)(a)