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HOUSING OF THE WORKING CLASSES ACT 1885
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CHAPTER LXXII.
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An Act to amend the Law relating to Dwellings of the Working Classes.[1]
[14th August 1885.]
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[Preamble.]
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[Ss. 1, 2, 4–6 rep. 53 & 54 Vict. c. 70. s. 102. S. 3 is local and personal.]
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Amendment of General Sanitary Law, &c.
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General duty of local authority to enforce the law.
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7. [1]
It shall be the duty of every local authority entrusted with the execution of laws relating to public health and local government to put in force from time to time as occasion may arise, the powers with which they are invested, so as to secure the proper sanitary condition of all premises within the area under the control of such authority.
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Amendment of 38 & 39 Vict. c. 55. s. 90.
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8. [Recital.] Every sanitary authority shall have power to make byelaws for the matters specified in section ninety of the Public Health Act, 1875.
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Tents and vans used for human habitation.
38 & 39 Vict. c. 55.
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9. (1.) A tent, van, shed, or similar structure used for human habitation, which is in such a state as to be a nuisance or injurious to health, or which is so overcrowded as to be injurious to the health of the inmates, whether or not members of the same family, shall be deemed to be a nuisance within the meaning of section ninety-one of the Public Health Act, 1875; and the provisions of that Act shall apply accordingly.
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(2.) A sanitary authority may make byelaws for promoting cleanliness in, and the habitable condition of tents, vans, sheds, and similar structures used for human habitation and for preventing the spread of infectious disease by the persons inhabiting the same, and generally for the prevention of nuisances in connexion with the same.
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(3.) Where any person duly authorized by a sanitary authority or by a justice of the peace has reasonable cause to suppose either that there is any contravention of the provisions of this Act or any byelaw made under this Act in any tent, van, shed, or similar structure used for human habitation, or that there is in any such tent, van, shed, or structure any person suffering from a dangerous infectious disorder, he may, on producing (if demanded) either a copy of his authorisation purporting to be certified by the clerk or a member of the sanitary authority or some other sufficient evidence of his being authorized as aforesaid, enter by day such tent, van, shed, or structure, and examine the same and every part thereof in order to ascertain whether in such tent, van, shed, or structure there is any contravention of any such byelaw or a person suffering from a dangerous infectious disorder.
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(4.) For the purposes of this section “day” means the period between six o’clock in the morning and the succeeding nine o’clock in the evening.
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(5.) If such person is obstructed in the performance of his duty under this section, the person so obstructing shall be liable, on summary conviction, to a fine not exceding forty shillings.
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. . . . . . . . .
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(7.) Nothing in this section shall apply to any tent, van, shed, or structure erected or used by any portion of Her Majesty’s military or naval forces.
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Application of certain provisions as to byelaws and local inquiries. 18 & 19 Vict. c. 120.
38 & 39 Vict. c. 55.
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10. (1.) With respect to byelaws authorized by this Act to be made—
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(a) sections two hundred and two and two hundred and three of the Metropolis Management Act, 1855, where such byelaws are made by the Metropolitan Board of Works, or any nuisance authority in the metropolis; and
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(b.) the provisions of the Public Health Act, 1875, relating to byelaws, where such byelaws are made by a sanitary authority,
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shall apply to such byelaws, and a fine or penalty under any such byelaw may be recovered on summary conviction.
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(2.) For the purposes of the execution of their duties under this Act the Local Government Board may hold such local inquiries as the Board see fit, and sections two hundred and ninety-three to two hundred and ninety-six, both inclusive, of the Public Health Act, 1875, relating to inquiries by such Board shall apply.
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[Ss. 11–18 and Sched. rep. 53 & 54 Vict. c. 70. s. 102.]
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[1Short title, “The Housing of the Working Classes Act, 1885,” was given by s. 17.]
[1Rep. as to London, 54 & 55 Vict. c. 76 s. 142.] |
