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14
might be constrained from granting it by formal
legal irregularities which only the ingenuity of smart
lawyers could detect. The simplification of the
procedure has given a predominence to hygienic over
forensic considerations.
Section 36, however, would appear to have
introduced formal difficulties in respect of powers of
entry from which the procedure under the Public
Health Act is free. For the exercise of any of the
powers of the Housing Acts (including the Act of
1909), it is necessary before entering for the purpose
of survey and examination, to give “twenty-four
hours' notice to the occupier and to the owner.” No
such notice is required under the Public Health Acts.
Presumably any action taken under the Housing and
Town Planning Act would require to be preceded by
formal compliance with this section.
“Owner” under the Housing Acts is defined as
including “all lessees or mortgagees of any premises
required to be dealt with under Pt. II. of the Act,
except persons holding or entitled to the rents and