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86
PUBLIC HEALTH ACT 1936
Appeal to Quarter Sessions
Following the service of an abatement notice by the Council under Section 93
Public Health Act 1936 in respect of nuisance arising principally from dampness
in the walls of a dwelling house, legal proceedings were instituted against the
Owner in respect of default in complying with the requirements of the Notice.
The Court of Summary Jurisdiction found the case proved and made a nuisance
order requiring the defendant to abate the nuisance within 28 days.
Following this decision the Owner carried out certain works designed to
abate the dampness and comply with the nuisance order but the works were not
considered satisfactory by the public health inspector. The Owner was so
informed and the Council further intimated their intentions to abate the nuisance
in default under the provisions of Section 95(2) Public Health Act 1936.
Meanwhile, the Owner exercises his right to appeal to a Court of Quarter
Sessions against the decision of the Court of Summary Jurisdiction. At the
subsequent hearing the Associate Medical Officer of Health and Chief Public
Health Inspector together with the District Public Health Inspector gave evidence.
The Court dismissed the appeal with costs and directed that the necessary
remedial works should be carried out by the Council in default within 21 days.
WORKS IN DEFAULT
With effect from 1st January 1968 the Environmental Health Services
Division undertook the carrying out of works in default directly through an
approved panel of builders with the following provisos
(a) drainage works below ground would continue to be carried out by the
Borough Engineer and Surveyor
(b) where the estimated cost of works exceeds £1,000 the Borough
Architect and Town Planning Officer would carry out the works on
request.
The functions carried out by the Health Department are
1. Nuisance Abatement
(i) Works in default under Notices served under the Greater London
Council (General Powers) Act, 1967 and Public Health Act 1961.