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Such action means, in the case of public layings, that the Port of London Sanitary
Authority shall give to the persons interested, notice to appear before them within such
time, not less than 21 days, as may be specified in the notice, to show cause why an
order should not be made prohibiting, as the circumstances may require, the distribution
for sale for human consumption of shell-fish brought from the layings, unless the
shell-fish have been relaid for such period as the Local Authority may direct—say not
less than 14 days. This notice is to be given by advertisement, and a copy of the
notice shall be served either personally or by post, upon every person known to be
interested in the laying referred to in the notice.
In the case of private layings, the Port of London Sanitary Authority shall
communicate with the owner or occupier thereof, and if the owner or occupier is able
and willing to give an undertaking that he will forthwith carry out the requirements
for dealing with the shell-fish, the Port of London Sanitary Authority may accept the
undertaking so given. If the undertaking is not given, the Port of London Sanitary
Authority shall forthwith make such order as the circumstances require.
If the Port of London Sanitary Authority on receipt of such representation, fail
to give notice or to communicate with the owner, or if they shall refuse to make an
order, then the Local Authority making the representation may appeal to the Local
Government Board within 14 days, and the Local Government Board may make such
inquiry into the circumstances as they may deem necessary, and if they are satisfied
that an order should be made, they may require the Port of London Sanitary Authority
to make such order as they think fit.
The Port of London Sanitary Authority shall inform the Local Government
Board and the Board of Agriculture and Fisheries of any action taken under these
Regulations.
Where an order has been made by the Port of London Sanitary Authority under
these Regulations, and has come into operation, any person who for human consumption
sells, or exposes, distributes, or offers for sale, or has in his possession for the purposes
of sale, contrary to the order, shell-fish brought from the laying shall be deemed to be
acting in contravention of these Regulations.
Any of the persons interested may appeal to the Local Government Board against
an order, and the Local Government Board may appoint an officer to hear their appeal,
and report to them, and may confirm, vary or withdraw the order.
The Local Government Board advise that any action taken with a view to the
closing of a laying should be based on epidemiological and topographical considerations
rather than on the result of bacteriological analysis. There are " layings " situated in
the vicinity of Southend—the River Roach, Swale, Sheerness, Stangate Creek, &c.,
which will be inspected in due course.
Notice.—The Public Health Act, 1896, provides by sub-section (3) of Section 1,
that if any person wilfully neglects or refuses to obey or carry out, or obstructs the
execution of, any regulation made under any of the enactments mentioned in that
Act he shall be liable to a penalty not exceeding one hundred pounds, and in the case
of a continuing offence to a further penalty not exceeding fifty pounds for every day
during which the offence continues.