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40
A. (1.)—Entry on premises in general for general purposes.—This power is
contained in Section 10 of the Public Health (London) Act, 1891, by which the
sanitary authority have the right to enter from time to time any premises for the
purpose of examining as to the existence thereon of any nuisance liable to be
dealt with summarily, and by Section 115 (3) the power of entry may be put
in force, (a) if there is reasonable ground for such entry, or (b) if there is
reasonable cause to believe that there is some contravention of the Act, or of
a bye-law under the Act.
The general power of entry, therefore, resolves itself into deciding what is
reasonable ground or oause.
"Reasonable ground" for entry upon premises would appear in the meaning
of the Act to include :—
(1) A written complaint, whether signed or anonymous.
(2) A verbal complaint, which should be transferred into writing as soon
as received by a clerk, inspector or other officer, and, together with the name
and address of the complainant, the date and officer's signature, should be
deposited with and filed by the sanitary authority in the same manner as a
written complaint.
(3) Without written or verbal complaint some reasonable cause to believe
that there is some nuisance or some contravention of the Act, or of a bye-law
under the Act. This should be formulated by the officer requiring entry, and
be recorded as a written complaint—as required by Section 105 (3)—which
should be treated in a similar manner to the two fore-mentioned for the
protection of the officer, and as evidence in case entry be refused.
It would therefore appear that, assuming the above very necessary precautions
have been taken, the power of entry upon premises in general is acquired
by a written complaint and for the special purposes provided in the two
sections which follow.
A. (2.)—Entry upon premizes in general for special purposes.—These powers
are contained in the following sections of the Public Health (London) Act,
1891. By Section 40 the sanitary authority may examine any water supply
or drainage upon any premises at all reasonable times, after twenty-four
hours' notice, or without notice in case of emergency, or with the consent of
the occupier.
By Section 60 (3) the sanitary authority may enter by day (6 a.m. to 9 p.m.)
on any premises to ascertain whether the master has complied with a notice to
cleanse and disinfect, and, if not, to carry out the cleansing and disinfection.
It may be asked how can house to house inspection be carried on under
these conditions, and the answer is by the goodwill and consent of the
occupiers, for it is by this method of inspection that houses let in tenement
dwellings and requiring to be registered are discovered, and if entry to such
a house be refused it can be registered and a compulsory power of entry be
thus acquired.