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

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Battersea 1962

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

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24
Legal Proceedings.
During the year, legal proceedings were taken by the Council in
60 cases, for the enforcement of various Acts, By-laws, Regulations,
etc., administered by the Health Department. A summary is set out
below:—
Cases
Public Health (London) Act, 1936 41
By-laws re drainage 6
Housing Act, 1957 1
Food and Drugs Act, 1955, and Food Hygiene (General)
Regulations, 1960 8
Consumer Protection Act, 1961 1
National Assistance Act, 1948, and National Assistance
(Amendment) Act, 1951 2
Clean Air Act, 1956 1
60
Fines totalling £78 0s. 0d. were imposed in connection with these
proceedings, and £51 18s. 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, Intimation Notices (relating to 686 premises)
and Statutory (Nuisance) Notices (relating to 343 premises) were
served. It was found necessary to refer 116 cases to the Council's
Solicitor with instructions to take steps, by legal proceedings if
necessary, to enforce compliance with Statutory Notices. In 75 of these
cases a warning letter from the Solicitor had the desired effect. In
the remaining 41 cases, however, summonses had to be issued. As a
result, Nuisance Orders were made by the Court in 21 instances. The
remaining 20 summonses were ultimately withdrawn, the Notices having
been complied with subsequent to the issue of the summonses.
Defective conditions in 801 houses were remedied—447 by owners
following the service of Intimation Notices; 346 by owners following the
service of Statutory Notices, and in 8 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.
London County Council (General Powers) Act, 1955.
Section 25 of the above Act relative to choked drains was used on
45 occasions. This Section enables a notice to be served upon as
owner or occupier to clear a stopped-up drain, water-closet or soil pipe,
within forty-eight hours. If the notice is not complied with the Council
may carry out the work and recover the cost. It was necessary for the
Council to do the work on 15 occasions.