Report by the Medical Officer of Health upon bye-laws for houses let in lodgings or tenement-houses.

  • St. Pancras (London, England). Borough. Vestry.
Date:
[1897]
Catalogue details

Licence: Attribution-NonCommercial 4.0 International (CC BY-NC 4.0)

Credit: Report by the Medical Officer of Health upon bye-laws for houses let in lodgings or tenement-houses. Source: Wellcome Collection.

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    4 By Section 101 (1) Where complaint is made by the County Council to the Local Government Board that a sanitary authority have made default in executing or enforcing any provisions which it is their duty to execute, or enforce of this Act, or of any bye-law made in pursuance thereof, the Local Government Board, if satisfied after due enquiry that the authority have been guilty of the alleged default, and that the complaint cannot be remedied under the other provisions of this Act, shall make an order limiting a time for the performance of the duty of such authority in the matter of such complaint. If such duty is not performed by the time limited in the order, the order may be enforced by writ of mandamus, or the Local Govern ment Board may appoint the County Council to perform such duty. (2) Where such appointment is made, the County Council shall, for the purpose of the execution of their duties under the said appointment, have all the powers of the defaulting sanitary authority, and all expenses incurred by the County Council in the execution of the said duties, together with the costs of the previous proceedings, so far as not recovered from any other person, shall be a debt from the sanitary authority in default to the County Council, and shall be paid by the sanitary authority out of any monies or rate applicable to the payment of the expenses of performing the duty in which they have made default. (3) For the purpose of recovering such debt, the County Council without prejudice to any other power of recovery, shall have the same power of levying the amount by a rate, and of requiring officers of the defaulting authority to pay over money in their hands as the defaulting authority would have in the case of expenses legally payable out of a rate raised by that authority. (4) The County Council shall pay any surplus of the rate so levied, to, or to the order of the defaulting authority. (5) If any loan is required to be raised for the purpose of the execution of their duties under the said appointment, the County Council with the consent of the Local Government Board, may raise the same, and may for that purpose borrow the required sum in the name of the defaulting authority for the same period, on the same security, and on the same terms as that authority might have borrowed, and the principal and interest of such loan shall be a debt due from the defaulting authority, and shall be secured and may be recovered in like manner, as if the loan had been borrowed by that authority. (6) The surplus (if any), of any loan not applied for the purpose for which it is raised, shall, after payment of the expenses of raising the same, be paid to, or to the order of the defaulting authority, and be applied as if it were the surplus of a loan raised by that authority. In his Report, Mr. Shirley Murphy states that the opinions of those best qualified to judge, are strongly in favour of By-laws, that difficulties have disappeared where they have been seriously undertaken by a sufficient staff provided for the purpose, that still better results would have been attained, if larger use had been made of the power conferred by By-laws to proceed directly for penalty instead of adopting the method of serving notices.