Labourers Act, 1936

Repair of cottage by board of health.

25.—(1) Whenever during the payment period in respect of a cottage purchased under this Act from a board of health the statutory condition requiring such cottage to be kept in good repair and sanitary condition has not been complied with, such board of health may, without prejudice to any other remedy but subject to the provisions of this section, enter on such cottage and there do all such works as may be necessary for the purpose of putting such cottage into good repair and sanitary condition.

(2) The following provisions shall have effect in relation to the exercise, in respect of a cottage purchased under this Act from a board of health, of the power conferred on such board of health by the immediately preceding sub-section, that is to say:—

(a) such board of health shall, before exercising such power, serve on the owner of such cottage a notice stating—

(i) the intention of such board of health to exercise in relation to such cottage such power, and

(ii) the general nature of the works intended to be done in the exercise of such power, and

(iii) the date (which shall not be less than one month from the service of such notice) on or after which it is intended to exercise such power;

(b) such board of health shall not exercise such power before the said date;

(c) where any such notice is served on such owner, such owner may before the said date—

(i) make an application to the Minister for an order cancelling such notice, and

(ii) serve on such board of health a copy of such application;

(d) where such owner does not before the said date comply with the provisions of paragraph (c) of this section, such board of health may on or after the said date exercise such power;

(e) where such owner before the said date complies with the provisions of the said paragraph (c), the following provisions shall have effect, that is to say:—

(i) the Minister shall consider such application and after such consideration shall by order either affirm or cancel such notice,

(ii) such board of health shall not in any event exercise such power until the Minister has made an order either affirming or cancelling such notice,

(iii) if the Minister makes an order cancelling such notice, such notice shall be deemed never to have been served on such owner,

(iv) if the Minister makes an order affirming such notice, such board of health may proceed forthwith to exercise such power.

(3) Every person who obstructs or interferes with the lawful exercise by a board of health of the power conferred on such board of health by sub-section (1) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(4) Whenever a board of health in exercise of the power conferred by sub-section (1) of this section has done any works on or in a cottage, such board of health shall be entitled to be paid by and to recover (as a simple contract debt in any court of competent jurisdiction) from the owner of such cottage the amount of the cost and the expenses, reasonably incurred by the board in the doing of such works, and failure by the owner of such cottage to pay on demand such amount to such board of health shall be deemed to be a failure to comply with the statutory condition relating to payment of an instalment of the purchase annuity payable in respect of such cottage and the provisions of this Act shall apply accordingly.