View report page

30
London County Council (General Powers) Act, 1955.
On the passing of this Act in December, 1955, certain welcome
legislation was introduced dealing with (a) Stopped up or defective
drains, etc; (b) Re-instatement of water supply when cut off; and
(c) Remedying of defective premises.
With regard to (a) a notice can now be served upon the owner
or occupier of the premises in respect of a stopped up drain, water
closet or soil pipe, to remedy the defect within forty-eight hours
from the service of the notice and if not complied with the Borough
Council may themselves carry out the works necessary to remedy
the defect and may recover the expenses incurred from the person
upon whom the notice was served.
In the case of a defective drain discovered following an
inspection under Section 40 of the Public Health (London) Act,
1936, the cost of remedying which, in the opinion of the Council,
would not exceed £100, the Borough Council may (in lieu of serving
the required notice under Section 40), after giving not less than seven
days' notice to the owner and occupier of the premises concerned,
carry out such works and recover from such owner or occupier
the expenses incurred so far as they do not exceed £100. Furthermore,
where in any case the expenses incurred by the Borough
Council in any of the provisions of the Section do not exceed £2
the Borough Council may if they think fit remit the payment
thereof.
With regard to (b) under the provisions of Section 26 of this
Act, in cases where the Metropolitan Water Board by reason of
the defective state of a supply pipe, etc., ceases to supply with water
any building or part of a building occupied for human habitation
or as a place where persons are employed, the Borough Council
may, after giving notice to the owner of their intention so to do.
execute such works, etc., as they may consider necessary to secure
that the supply of water is re-instated and the expenses reasonably
incurred in so doing are recoverable from the owner of the
building or part of the building.
With regard to (c) under the provisions of Section 27, where
the Council are satisfied that any house is in such a state as to be a
nuisance or injurious or dangerous to health and having regard to
all the circumstances, unreasonable delay in remedying the defective
state would be occasioned by following the procedure prescribed
under the Public Health (London) Act, 1936, instead of serving a
Nuisance Notice, the Borough Council may serve upon the person
responsible a notice to the effect that the Council themselves intend
to remedy the defective state of the premises and such notice shall
specify the defects which they intend to remedy. Subject to certain
provisos, at any time after the expiration of nine days after the
service of such notice, the Council may execute such works as may
be necessary to remedy the defects referred to in the notice ; and
subject to any appeal as to the justification of the action taken ;
that the alleged defective state did not exist at the time of the service
of the notice: or the urgency was not so great as to warrant the
action taken, etc., may recover the expenses reasonably incurred
from the person upon whom the notice was served.