View report page

Annual Report of the Medical Officer of Health.—1896. 15
district, if the duty were not discharged as aforesaid, shall examine the house for the
purpose of ascertaining whether such a certificate can properly be given, and if the
house be constructed so as to afford such accommodation, and due provision be made as
aforesaid, shall certify the same accordingly, provided that the Authority, if they are
of opinion that the duties which would devolve on the Medical Officer of Health under
this section could not be performed by him without interference with the due
performance of his ordinary duties, may appoint some other legally qualified Medical
Practitioner, having the qualification required for the Office of Medical Officer of
Health of the District to make such examination and give such certificate as
aforesaid."
This section is amended by Sect. 4 of the 1891 Act, which latter stipulates that
the annual value of each separate dwelling within the house " shall not amount to
£20." Other amendments I do not purpose dealing with in this Report.
In conclusion, as pointed out to your Vestry in my Annual Report for 1894, " no
definition is given of what is meant by the somewhat vague and elastic expression "
" suitable accommodation," and " sanitary requirements," the interpretation of these
phrases being left to the judgment of the individual Medical Officer of Health.
Health Department, Vestry Hall,
St. George's, Southwark,
30th November, 1896.
Dear Sir,
Mr. Vivian, Surveyor of Taxes, has referred me to you for answers to the
following questions:-
(1) The meaning of the words in the certificate issued by your Authority to the
effect that a house " is so constructed as to afford suitable accommodation for each of
the persons inhabiting it," and that "due provision is made for their sanitary
requirments."
Am I to interpret this sentence as denoting a perfect state of house sanitation or
at least a much higher standard than that aimed at by the Statutory Bye-laws, and
Regulations in force within this District.
(2) Is it intended that new and old houses alike must reach the same, or a
different standard of excellence, before a certificate can be granted.
('6) Does the certificate once signed remain good for an indefinite or merely for a
limited period. If the latter, what is the length of time fixed.
(4) Before considering any application for a certificate may I demand evidence
from the Surveyor of Taxes to the effect that the dwelling in question is such a one in
regard to annual value and construction as properly comes within the Acts.
(5) Is it necessary for the M.O.H. himself to examine personally any house in
respect of which a certificate is requested, or can such certificate be given on the report
of a Sanitary Inspector to the M.O.H.
(6) Can a mandamus or other legal process be issued against a M.O.H. for refusal
to sign a certificate such as is at present sent out by the Commissioners of Inland
Revenue. If such be the case, provided the Medical Officer act in a bond fide manner
may he be subjected to any personal liability attending such action, and if so by whom
will the expenses incurred be borne or repaid. This question has been suggested to
me by an actual threat of proceedings.
(7) Will your Authority accept the subjoined Certificate and Form of Sanitary
Inspector's Report to M.O.H. as according with the provisions of the Customs and