Section 30 Amendment of s. 138 of the Public Health Act, 1936.

For subsection (1) of section one hundred and thirty-eight of the Public Health Act, 1036 (which empowers a local authority to require an occupied house to be provided with a sufficient water supply) there shall be substituted the following subsections:—

“

(1)

Where a local authority are satisfied that any occupied house has not a supply of wholesome water in pipes in the house sufficient for the domestic purposes of the occupants, the local authority may—

(a)

if they are satisfied that in all the circumstances it is reasonable to require the owner of the house to connect it to a supply of water in pipes provided by the local authority or other statutory water undertakers, give notice to the owner requiring him within a time specified therein to connect the house as aforesaid;

(b)

if they are not satisfied that it is reasonable in all the circumstances to require the owner to connect the house as aforesaid, but are satisfied that it is reasonable to require him otherwise to take water into the house by means of a pipe, give notice to the owner requiring him within a time specified therein so to take water into the house.

(1A)

Where a local authority are satisfied that any occupied house has not a reasonable distance thereof a supply of wholesome water sufficient for the domestic purposes of the occupants and that in all the circumstances it is not reasonable to require the owner to connect the house, or to take water into the house as aforesaid, the local authoreity may give notice to the owner requiring him within a time specified therein to provide a sufficient supply of wholesome water within a reasonable distance of the house.”

In subsection (2) of the said section, for the words “the preceding subsection” there shall be substituted the words “either of the preceding subsections”.

After the said subsection (2) there shall be inserted the following subsection:—

“(2A)

If a person on whom a notice has been served under the preceding provisions of this section objects to the requirement of the local authority, he may, within twenty-eight days after seervice on him of the notice, appeal to a court of summary jurisdiction and, upon any such appeal, the court may either disallow the rewuirement of the local authority or allow it with or without modifications.”

In subsection (3) of the said section, for the words “Subject to the provisions of the next succeeding section with respect to appeals, if such notice as aforesaid is not complied with” there shall be substituted the words “If any requirement contained in a notice given under the preceding provisions of this section, including a requirement modified by a court under the last preceding subsection, is not complied with within the time specified in the notice or if the court extends that time, within the time as so extended”.