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78
ENVIRONMENTAL HEALTH SERVICES
PUBLIC HEALTH INSPECTION
ABATEMENT OF NUISANCES
GREATER LONDON COUNCIL ( GENERAL POWERS) ACT, 1967
This Act, which came into force during the year, contains several public
health provisions.
Section 23 provides that where any statutory undertaker ceases to supply water
to any building used for human habitation, or to a place where persons are
employed, by reason of the defective state of the supply pipe or water fittings,
or the absence thereof, or failure to comply with any enactment relating thereto
the borough council may, after giving a requisite notice of intention, execute such
works as are necessary to secure the restoration of the supply of water. Provision
is made for the recovery of expenses incurred in so doing.
This is a most helpful adjunct to the existing powers contained in Part IV
of the Public Health Act, 1936.
Section 24 (a) amends Section 17 of the Public Health Act, 1961 relating to the
summary power to remedy stopped up drains, private sewers, water closets and
soil pipes.
Section 24 (d) amends Section 18 of the Public Health Act, 1961 under which a
borough Council may, after giving not less than seven days notice that a drain
of private sewer is not sufficiently maintained and kept in good repair, cause the
drain or sewer to be repaired. Provision is made for the recovery of expenses
reasonably incurred in so doing up to £100 whereas Section 18 of the Public Health
Act, 1961 provides a limit of £50.
It is a matter of regret that this statutory limitation of £100 was not higher
because building costs continue to rise, and further it is not always possible to
make a firm estimate of the cost of drainage works, particularly where old drains
are concerned. It is obvious that careful use will have to be made of the Section
because it is unfortunate that where such a notice is served and the reasonable
costs exceed £100 the Council can only recover £100 and the remaining cost must
be met by the Council.
Section 25 provides that Section 26 of the Public Health Act, 1961 shall apply
throughout Greater London. Under this Section where any premises are in such a
state as to be prejudicial to health or a nuisance and unreasonable delay in
remedying the defective state would be occasioned by following the normal
nuisance abatement procedure, the local authority may serve, in place of an abatement
notice, a notice stating their intention to remedy the defective state and
specifying the defects concerned. Provision is made for the service of a counter