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Prohibition by sanitary authority of temporary dwellings.
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31.—(1) A sanitary authority may by order prohibit the erection or retention of temporary dwellings on any land or water in their sanitary district if they are of opinion that such erection or retention would be prejudicial to public health or the amenities of the locality or would interfere to an unreasonable extent with traffic on any road.
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(2) A prohibition under this section may relate either to specified land or water or all land or water of a specified class and, in particular, may relate to all land or water within a specified distance of the centre line of any road or a specified road.
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(3) Where a person is aggrieved by an order under this section—
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(a) such person may, within fourteen days after a copy of the order is published pursuant to subsection (9) of this section, send to the Minister an application in writing (which shall include a statement of the reasons therefor) for the annulment of the order,
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(b) the Minister, after consideration of the application and such representations in regard thereto as the sanitary authority concerned may think fit to make, may either annul the order, confirm the order without variation or confirm the order with variations by way of reduction of the land or water to which it relates.
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(4) A person who erects or retains a temporary dwelling in contravention of an order in force under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds and, in the case of a continuing offence, to a further fine not exceeding five pounds for each day on which the offence is continued.
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(5) Where a person is convicted on a second or subsequent occasion of an offence under this section in relation to the same temporary dwelling, the Court may, in addition to or in lieu of imposing a fine, order the forfeiture of the temporary dwelling to the sanitary authority concerned and thereupon that authority may take possession of the temporary dwelling and dispose of it by sale, destruction or otherwise as they think fit.
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(6) A prohibition under this section may be made in respect of the retention in coastal waters adjoining a sanitary district of vessels which are used primarily for human habitation as if the coastal waters were inland waters in the sanitary district.
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(7) Where any coastal waters adjoin two or more sanitary districts, the Minister may by order provide that, for the purposes of subsection (6) of this section, the whole or a specified part of the coastal waters shall be regarded as adjoining any one of the sanitary districts and no other, and the said subsection (6) shall have effect accordingly.
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(8) An order under this section shall come into force—
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(a) if no application is made for the annulment of the order—thirty days after a copy of the order is published pursuant to subsection (9) of this section, and
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(b) if an application is made for the annulment of the order and the order is not annulled thereon—fourteen days after the determination of the application.
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(9) Where a sanitary authority make an order under this section, they shall, within fourteen days after the order is made, cause to be published, in a daily newspaper circulating in their sanitary district, a copy of the order and a statement of the right conferred by this section to apply for the annulment of the order.
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(10) Where an order under this section has come into force, the sanitary authority who made the order shall, within fourteen days after the order has come into force, cause to be published, in a daily newspaper circulating in their sanitary district, a copy of the order (as made by the sanitary authority or as confirmed by the Minister, whichever is appropriate) and a statement that it has come into force.
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