Manual on unfit houses and unhealthy areas / Ministry of Health.

Date:
1919
Catalogue details

Licence: Public Domain Mark

Credit: Manual on unfit houses and unhealthy areas / Ministry of Health. Source: Wellcome Collection.

    72/122 (page 46)
    If the Local Authority fail to take any proceedings which are necessary in any of these matters, the County Council may, after reasonable notice, pass a resolution which has the effect of vesting in them the powers. of the Local Authority in regard to the dwelling house or building. The County Council are then in a position to pro- ceed to make a Closing Order, or Demolition Order, or Order for pulling down the obstructive buildings as the case may be, and may recover from the Local Authority any expenses incurred by them. (secs. 45 /90, 39/19 and 6(2) Local Government Act, 1894.) Complaint or Report to the Minister of Health. 2. Where a Rural District Council, or the Council of a non-county borough or other Urban District, have failed to exercise their powers under Part II. (or Part II1.) of the Act of 1890, the County Council may make a complaint to the Minister of Health, On such a complaint the Minister may direct a local inquiry, and, if the Local Authority are found to be in default, he may make an Order directing them to do what is necessary. If the Local Authority fail to comply with the Order, the Minister may, with the consent of the County Council, make an Order directing the County Council to do anything which is mentioned in the original Order for remedying the default of the Local Authority (section 10/09). As to the additional powers of the Minister of Health, under sec. 5/19, to enable a County Council to act in default of a Local Authority under Part I. or Part IT. of the principal Act, see page 45. County Medical Officer of Health. 3. A representation from the Medical Officer. of Health of the County, as to the need of a Closing Order, or the removal of an obstructive building, submitted tothe County Council and forwarded by them to the Local Authority, is to have the same effect as a representation from the Medical Officer of the District. This provision does not apply to Boroughs (sec. 52 /90). . The County Medical Officer of Health has the same powers of entry, for the purposes of his duty, as are possessed by the Medical Officer of Health of the district (sec. 68 (4) /09; see also sec. 45 (4) /90). A County Medical Officer of Health is entitled to receive from the Clerk of the Rural District Council a copy of any Closing Order and of any representation, complaint or information as is referred to in the first section of this chapter (secs. 69 (1) /09 and 39/19). : CHAPTER XVII. PROCEDURE. 1. In making a Part I. or Part IJ. Scheme, it is important that the statutory requirements should be carefully observed in order that no question may arise as to the validity of the proceedings. | The stages in the procedure are summarised below. In connexion with this summary, reference should be made to the forms and instructions given in appendix III., page 54 , Part I. Schemes. Official Representation. “ , 2. The representation must be made in writing to the Local Authority by the Medical Officer of Health of the Local Authority (in London by that officer or by any Medical Officer of Health in London). The representation should follow the exact words of Section 4 of the Act. of 1890, as amended by section 22 of the Act of 1909, so far as the words apply to the