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Part VII LEGAL PROCEEDINGS

Prosecution of Offences and Recovery of Penalties, &c

F1251 Summary proceedings for offences, penalties, &c

All offences under this Act, and all penalties forfeitures costs and expenses under this Act directed to be recovered in a summary manner, or the recovery of which is not otherwise provided for, may be prosecuted and recovered in manner directed by the Summary Jurisdiction Acts before a court of summary jurisdiction. F2. . .

Annotations:

Amendments (Textual)

F1S. 251 repealed by Public Health Act 1936 (c. 49), s. 346, Sch. 3 Pt. I except so far as material for the purposes of any unrepealed enactment in this Act or any Act directed to be construed therewith

F2Words in s. 251 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group1.

Modifications etc. (not altering text)

C1S. 251 applied by S.I. 1986/567, art. 4 Table

252. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1S. 252 repealed by Summary Jurisdiction Act 1884 (c. 43), Sch.

253. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1S. 253 repealed by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), Sch. 2

254. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1S. 254 repealed by Justices of the Peace Act 1949 (c. 101), Sch. 7 Pt. III

255. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1S. 255 repealed by Public Health Act 1936 (c. 49), s. 346, Sch. 3 Pt. I

256, 257.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1Ss. 256, 257 repealed by Highways Act 1959 (c. 25), Sch. 25

F1258 Justices may act though members of local authority or liable to contribute

No justice of the peace shall be deemed incapable of acting in cases arising under this Act . . . F2 by reason of his being as one of several ratepayers, or as one of any other class of persons liable in common with the others to contribute to, or to be benefited by any rate or fund, out of which any expenses incurred by such authority are under this Act to be defrayed.

Annotations:

Amendments (Textual)

F1S. 258 repealed by Public Health Act 1936 (c. 49), s. 346, Sch. 3 Pt. I except so far as material for the purposes of any unrepealed enactment in this Act or any Act directed to be construed therewith

F2Words repealed by Justices of the Peace Act 1949 (c. 101), Sch. 7 Pt. I

259, 260.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1Ss.259, 260 repealed by Local Government Act 1933 (c. 51), Sch. 11 Pt. I

F1261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1S. 261 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group1.

262. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1Commentary Missing

263. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1S. 263 repealed by Perjury Act 1911 (c. 6), Sch.

264. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1S. 264 repealed by Public Authorities Protection Act 1893 (c. 61), Sch.

265 Protection of local authority and their officers from personal liability

No matter or thing done, and no contract entered into by any local authority or joint board or port sanitary authority, and no matter or thing done by any member of any such authority or by any officer of such authority or other person whomsoever acting under the direction of such authority, shall, if the matter or thing were done or the contract were entered into bona fide for the purpose of executing this Act, subject them or any of them personally to any action liability claim or demand whatsoever; and any expense incurred by any such authority member officer or other person acting as last aforesaid shall be borne and repaid out of the fund or rate applicable by such authority to the general purposes of this Act.

Provided that nothing in this section shall exempt any member of any such authority from liability to [F1make any payment in pursuance of section 17 or 18 of the Audit Commission Act 1998].

Annotations:

Amendments (Textual)

F1Words in s. 265 substituted (11.9.1998) by virtue of 1998 c. 18 ss. 54(1), 55(2), Sch. 3 para. 1

Modifications etc. (not altering text)

C1S. 265 extended by Public Health Act 1936 (c. 49), s. 305, Control of Pollution Act 1974 (c. 40), s. 86(1), Local Government (Miscellaneous Provisions) Act 1976 (c. 57), s. 39 and National Health Service Act 1977 (c. 49), s. 125

C2S. 265 extended (with modifications) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 15 (with ss. 7(6), 115, 117)

Notices

F1266 Notices, &c. may be printed or written

Notices orders and other such documents under this Act may be in writing or print, or partly in writing and partly in print; and if the same require authentication by the local authority, the signature thereof by the [F2proper officer of the authority] shall be sufficient authentication.

Annotations:

Amendments (Textual)

F1S. 266 repealed by Public Health Act 1936 (c. 49), s. 346, Sch. 3 Pt. I except so far as material for the purposes of any unrepealed enactment in this Act or any Act directed to be construed therewith

F2Words substituted by virtue of Local Government Act 1972 (c. 70), Sch. 29 Pt. I para. 4(1)(a)

F1267 Service of notices

Notices orders and any other documents required or authorised to be served under this Act may be served by delivering the same to or at the residence of the person to whom they are respectively addressed, or where addressed to the owner or occupier of premises by delivering the same or a true copy thereof to some person on the premises, or if there is no person on the premises who can be so served by fixing the same on some conspicuous part of the premises; they may also be served by post by a prepaid letter, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service it shall be sufficient to prove that the notice order or other document was properly addressed and put into the post.

Any notice by this Act required to be given to the owner or occupier of any premises may be addressed by the description of the “owner or “occupier of the premises (naming them) in respect of which the notice is given, without further name or description.

Annotations:

Amendments (Textual)

F1S. 267 repealed by Public Health Act 1936 (c. 49), s. 346, Sch. 3 Pt. I except so far as material for the purposes of any unrepealed enactment in this Act or any Act directed to be construed therewith

268. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Annotations:

Amendments (Textual)

F1S. 268 repealed by Highways Act 1959 (c. 25), Sch. 25

Appeal

F1269. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1S. 269 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group1.