OpenLegislation

Section 79 [Power to require removal of noxious matter by occupier of premises in urban district.F3C4C1C2C3

(1)

If in a borough or F1district, or in a rural district or contributory place in which section forty-nine of the M1Public Health Act 1875, was in force immediately before the commencement of this Act, it appears to the F2proper officer of the authority that any accumulation of noxious matter ought to be removed, he shall serve notice on the owner thereof, or on the occupier of the premises on which it is found, requiring him to remove it, and, if the notice is not complied with within twenty-four hours after service thereof, the inspector may remove the matter referred to.

(2)

A local authority may recover the expenses of any action reasonably taken by their inspector under the preceding sub-section from the owner or occupier in default.]

Annotations

Textual amendments

F1

Words substituted by virtue of Local Government Act 1972 (c. 70), s. 179(3)

F2

Words substituted by virtue of Local Government Act 1972 (c. 70), Sch. 29 Pt. I para. 4(1)(a)

F3

S. 79 repealed (prosp.) by Control of Pollution Act 1974 (c. 40), ss. 108, 109(2), Sch. 4

Marginal citations

M1

1875 c. 55.

Modifications

C1

S. 79 modified by SI 2010/675 Sch. 23 Pt. 8 para. 3 Table 9 (as substituted (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 1(b), Sch. 1)

C2

S. 79 modified (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 1(1), Sch. 23 paras. 1(3), 2 Table 9 (with regs. 1(3), 77-79, Sch. 4)

C3

S. 79: 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))

C4

S. 79 amended by Radioactive Substances Act 1960 (c. 34), s. 9, Sch. 1 Pt. I para. 3; applied by Local Government Act 1972 (c. 70), Sch. 14 para. 4

S. 79 amended (temp.) (27.8.1993) by 1993 c. 12, ss. 40, 49(2), 51(2), Sch. 3 Pt. I para. 1, Sch. 5 Pt. II para. 9(3)

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)