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Local Government (Miscellaneous Provisions) Act, 1953
This Act is quite a short one, consisting of 19 sections and one
schedule, and is divided into four main divisions. The first deals
with the finances of Local Authorities and consists of 3 sections, the
Second with the powers of Local Authorities in respect of omnibus
shelters, etc.
The third division, having some nine sections and headed "Miscellaneous
Powers and Provisions," concerns Public Health Officers,
particularly Section 8.
This deals with the vexed question of dustbins, but not in the
way one would wish, because it does not specify who should provide
the receptacle. Sub-section 1 amends sub-section 3 of Section 75 of
the Public Health Act, 1936 (which enables Local Authorities to and maintain dustbins for the reception of house refuse and to
make annual charges not exceeding two shillings & sixpence in respect
of each dustbin as provided) shall have effect as if for the words
two shillings and sixpence there were substituted the words five
shillings. Sub-section 2 allows Local Authorities making an annual
charge of less than 5/- to increase that amount to not exceeding five
shillings.
The part most interesting to Sanitary Inspectors is that dealing
with aPPeals brought under Section 75 of the Public Health Act,
1936 and is given below in full.
"Where an appeal is brought under sub-section (1) of the said
section seventy-five in respect of a notice requiring one of two persons
who are respectively the owner and the occupier of a building
to Provide a dustbin, and the grounds upon which the appeal is
brought include the ground that it was not equitable that the notice
should have been served on the appellant—
(a) the appellant shall serve a copy of his notice of appeal on
the. other of the two said persons; and
(b) on the hearing of the appeal the court may make such order
as it thinks fit with respect to compliance with the first
mentioned notice either by the appellant or by the said
other person;
and in exercising its powers under this subsection the court shall
have regard, as between an owner and an occupier; to the terms and
conditions, whether contractual or statutory, of the tenancy of the
premises concerned.
Section 10 gives a new light on Closing Orders. This new section
gives Local Authorities powers to make a Closing Order on a house in
place of a demolition order where they consider it inappropriate to
make such a Demolition Order, having regard to the effect of the
demolition of the house upon any other house or building.
This section will be useful particularly where there are houses
sheathed in wood.
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