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

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Battersea 1953

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

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22
Legal Proceedings.
During the year, legal proceedings were taken by the Council in
98 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 at the oases stated.

CasesPage No
Public Health (London) Act, 19368622
Food and Drugs Act, 1938, and By-laws532,35
London County Council By-laws as to Drainage524
London County Council (General Powers) Act, 1952125
Housing Act, 1936145
98

Fines totalling £18 0s. 0d. were imposed in connection with these
proceedings, and £64 1s. 0d. 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, 2,058 Intimation, and 992 Statutory (Nuisance)
Notices were served. The high proportion of Statutory to Intimation
Notices shows the continuing difficulty, referred to in previous reports,
of securing the remedy of these conditions. Furthermore, it was found
necessary to refer 155 cases to the Council's Solicitor with instructions to
take steps, by legal proceedings if necessary, to enforce compliance with
Statutory Notices. In 69 of these cases a warning letter from the
Solicitor had the desired effect. In the remaining 86 cases, however,
summonses had to be issued. As a result, Nuisance Orders were made
by the Court in 55 instances. The remaining 31 summonses were
ultimately withdrawn, the Notices having been complied with subsequent
to the issue of the summonses.
In 23 cases action to enforce compliance with Nuisance Orders had
to be taken, and 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.
Dustbins.
Under Section 105 of the Public Health (London) Act, 1936, if
any house is found to be without a proper dustbin, the Council may
serve notice on the owner or occupier requiring provision to be made.
The same Section, as amended by the London County Council (General
Powers) Act, 1951, provides that any person aggrieved may appeal
to a court of summary jurisdiction.
Similar provisions are contained in the Public Health Act, 1936,
which applies to England and Wales outside the administrative County
of London.