London's Pulse: Medical Officer of Health reports 1848-1972

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Battersea 1950

[Report of the Medical Officer of Health for Battersea Borough]

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19
Legal Proceedings.
During the year, legal proceedings were taken by the Council in
286 cases, for the enforcement of various Acts, by-laws, regulations,
etc., administered by the Health Department. A summary is set out
below, and further details will be found in the sections dealing with
the respective matters.
Public Health (London) Act, 1936 268
Food and Drugs Act, 1938 7
L.C.C. Drainage By-laws 6
L.C.C. By-laws re Rag and Bone Dealers 2
L.C.C. (General Powers) Act, 1934 (By-law
re Fouling of Footpaths by Dogs) 2
National Assistance Act, 1948 (Removal of
Aged and Infirm Persons) 1
286
Fines totalling £20 7s. 6d. were imposed in connection with
these proceedings, and £124 19s. costs were awarded to the Council.
Public Health (London) Act, 1936.
The provisions of this Act in regard to Nuisances continued to
afford the main means whereby the remedy of insanitary conditions
found in dwelling houses could be secured.
During the year, 3,383 Intimation, and 2,075 Statutory (Nuisance)
Notices were served. The high proportion of Statutory to Intimation
Notices gives some indication of the difficulty in securing compliance
with the latter. Furthermore, legal proceedings to enforce compliance
with Statutory Notices had to be taken in no less than 262 cases.
Of these, 88 resulted in Nuisance Orders being made by the Court.
Of the remaining 174 summonses, 171 were either adjourned or
withdrawn, as the work required to comply with the Notices was
either in hand, or had been completed, before the hearing. In 2 cases
fines totalling £5 5s. were imposed (both for failing to supply dustbins).
One case was dismissed on a technicality concerning ownership.
In 17 cases action to enforce compliance with Nuisance Orders
had to be taken. In 16 of these, the Council carried out the work in
default of the persons on whom the Orders were made. In those
cases, the Council were entitled to recover the cost of the works from
those persons, and accounts were accordingly rendered to them. Most
of these accounts had been settled by the end of the year, but in 2
instances proceedings for the recovery of the cost had to be taken.
These summonses stood adjourned at the end of the year. In one
case, the Council elected to take proceedings for the non-compliance,
and a fine of £1 was imposed.
One application was made to the Court for a warrant to enter
a house for the purpose of making an inspection, the Sanitary Inspector
having previously been refused admission. The warrant was granted
and duly executed.