Office of Public Sector Information
PART XII continued
(1)Where a local authority have incurred expenses for the repayment of which the owner of the premises in respect of which the expenses were incurred is liable, either under this Act or under any enactment repealed thereby, or by agreement with the authority, those expenses, together with interest from the date of service of a demand for the expenses, may be recovered by the authority from the person who is the owner of the premises at the date when the works are completed, or, if he has ceased to be the owner of the premises before the date when a demand for the expenses is served, either from him or from the person who is the owner at the date when the demand is served, and, as from the date of the completion of the works, the expenses and interest accrued due thereon shall, until recovered, be a charge on the premises and on all estates and interests therein.
(2)A local authority may by order declare any expenses recoverable by them under this section to be payable with interest by instalments within a period not exceeding thirty years, until the whole amount is paid; and any such instalments and interest, or any part thereof, may be recovered from the owner or occupier for the time being of the premises in respect of which the expenses were incurred, and, if recovered from the occupier, may be deducted by him from the rent of the premises:
Provided that an occupier shall not be required to pay at any one time any sum in excess of the amount which was due from him on account of rent at, or has become due from him on account of rent since, the date on which he received a demand from the local authority together with a notice requiring him not to pay rent to his landlord without deducting the sum so demanded.
An order may be made under this subsection at any time with respect to any unpaid balance of expenses and accrued interest so, however, that the period for repayment shall not in any case extend beyond thirty years from the service of the first demand for the expenses.
(3)The rate of interest chargeable under subsection (1) or subsection (2) of this section shall be such [F1reasonable] rate as the authority may determine:
. . . F2
(4)A local authority shall, for the purpose of enforcing a charge under this section, have all the same powers and remedies under the M1Law of Property Act 1925, and otherwise as if they were mortgages by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.
F1Word inserted by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(6), Sch. 6 para. 4
F2S. 291(3) proviso repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. VI
C1S. 291 extended by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 33(6)(c)
C2S. 291 amended by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(2)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)
S. 291 applied (27.8.1993) by 1993 c. 11, ss. 62(1), 68(2)
S. 291 applied (with modifications) (20.9.2000) by 2000 c. vii, ss. 1(1), 19(10)-(12)
C3S. 291 extended (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 107(5), 109(3), 160(2), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6)
C4S. 291(3) proviso amended by Local Government Act 1972 (c. 70), s. 171
M11925 c. 20.
(1)Any sum which a council are entitled to recover under this Act, and with respect to the recovery of which provision is not made by any other section of this Act, may be recovered . . . F1 as a simple contract debt in any court of competent jurisdiction.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
F1Words repealed by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), Sch. 2
F2S. 293(2) repealed by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), Sch. 2
C1S. 293 extended by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 29(12)
C2S. 293 amended by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(2)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)
S. 293 applied (27.8.1993) by 1993 c. 11, ss. 62(1), 68(2)
C3S. 293 extended (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 107(5), 109(3), 160(2), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6)
Where a council claim to recover any expenses under this Act from a person as being the owner of the premises in respect of which the expenses were incurred and that person proves that he—
(a)is receiving the rent of those premises merely as agent or trustee for some other person; and
(b)has not, and since the date of the service on him of a demand for payment has not had, in his hands on behalf of that other person sufficient money to discharge the whole demand of the authority,
his liability shall be limited to the total amount of the money which he has or has had in his hands as aforesaid, but a council who are, or would be, debarred by the foregoing provisions from recovering the whole of any such expenses from an agent or trustee may recover the whole or any unpaid balance thereof from the person on whose behalf the agent or trustee receives the rent.
C1S. 294 applied with modifications by S.I. 1987/349, reg. 11 and S.I. 1990/1519, reg. 11
C2S. 294 amended by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(2)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)
C3Power to apply s. 294 conferred by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 178(3)(c)(5), 209(3)(c)(5), 219(3)(c)(5) and by Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9, SIF 123:1), ss. 42(3)(c)(5), 74(3)
C4S. 294 applied (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 107(5), 109(3), 160(2), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6)
S. 294 applied (27.8.1993) by 1993 c. 11, ss. 62(1), 68(2)
C5S. 294 applied (with modifications) (17.7.1992) by S.I. 1992/1492, reg. 14(1).
S. 294 applied (with modificatiions)(27.8.1993) by 1993 c. 12, ss. 30(3), 51(2)
F1S. 295 repealed with saving by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), s. 27(6), Sch. 2
All offences under this Act may be prosecuted under the Summary Jurisdiction Acts.
Where provision is made by or under this Act for the imposition of a daily penalty in respect of a continuing offence, the court by which a person is convicted of the original offence may fix a reasonable period from the date of conviction for compliance by the defendant with any directions given by the court and, where a court has fixed such a period, the daily penalty shall not be recoverable in respect of any day before the expiration thereof.
Proceedings in respect of an offence created by or under this Act shall not, without the written consent of the Attorney-General, be taken by any person other than a party aggrieved, or a council or a body whose function it is to enforce the provisions or byelaws in question, or by whom or by whose predecessors the byelaw in question was made.
C1S. 298 excluded by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 12(1)
C2S. 298 amended by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(2)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)
F1S. 299 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. I Group4
(1)Where any enactment in this Act provides—
(a)for an appeal to a court of summary jurisdiction against a requirement, refusal or other decision of a council; or
(b)for any matter to be determined by, or an application in respect of any matter to be made to, a court of summary jurisdiction,
the procedure shall be by way of complaint for an order, and the Summary Jurisdiction Acts shall apply to the proceedings.
(2)The time within which any such appeal may be brought shall be twenty-one days from the date on which notice of the council’s requirement, refusal or other decision was served upon the person desiring to appeal, and for the purposes of this subsection the making of the complaint shall be deemed to be the bringing of the appeal.
(3)In any case where such an appeal lies, the document notifying to the person concerned the decision of the council in the matter shall state the right of appeal to a court of summary jurisdiction and the time within which such an appeal may be brought.
C1S. 300 extended by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), s. 77(1) and Thermal Insulation (Industrial Buildings) Act 1957 (c. 40), s. 8(1) which 1957 Act has been repealed (E.W.) by S.I. 1985/4936, reg 3(2), Sch. 4
C2Ss. 300, 301 amended by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(2)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)
C3S. 300 applied (prosp.) by 2002 c. i, ss. 1(2)-(4), 27(4) (with ss. 38,39)
C4Ss. 300-302 extended (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 106(7), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).
Ss. 300-302 applied (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 113(5), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).
Ss. 300-301 applied (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 180, 223(2), Sch. 12 para. 4(4)(5) (with ss. 82(3), 186(1), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).
C5S. 300 applied (with modifications) (20.9.2000) by 2000 c. vii, ss. 1(1), 19(9)-(11)
C6S. 300(2) excluded by Public Health Act 1961 (c. 64), s. 36(3)
Subject as hereinafter provided, where a person aggrieved by any order, determination or other decision of a court of summary jurisdiction under this Act is not by any other enactment authorised to appeal to [F1the Crown Court] he may appeal to such a court:
Provided that nothing in this section shall be construed as conferring a right of appeal from the decision of a court of summary jurisdiction in any case if each of the parties concerned might under this Act have required that the dispute should be determined by arbitration instead of by such a court.
F1Words substituted by virtue of Courts Act 1971 (c. 23), s. 56(2), Sch. 9 Pt. I
C1S. 301 extended by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), s. 77(1) and Thermal Insulation (Industrial Buildings) Act 1957 (c. 40), s. 8(1) which 1957 Act has been repealed (E.W.) by S.I. 1985/4936, reg 3(2), Sch. 4
C2Ss. 300, 301 amended by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(2)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)
C3S. 301 applied (prosp.) by 2002 c. i, ss. 1(2)-(4), 27(4) (with ss. 38, 39 )
C4Ss. 300-302 extended (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 106(7), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).
Ss. 300-302 applied (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 113(5), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).
Ss. 300-301 applied (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 180, 223(2), Sch. 12 para. 4(4)(5) (with ss. 82(3), 186(1), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).
Where upon an appeal under this Act a court varies or reverses any decision of a council, it shall be the duty of the council to give effect to the order of the court and, in particular, to grant or issue any necessary consent, certificate or other document, and to make any necessary entry in any register.
C1S. 302 extended by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), s. 77(1) and Thermal Insulation (Industrial Buildings) Act 1957 (c. 40), s. 8(1) which 1957 Act has been repealed (E.W.) by S.I. 1985/4936, reg 3(2), Sch. 4
C2S. 302 amended by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(2)(b) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)
C3S. 302 applied (prosp.) by 2002 c. i, ss. 1(2)-(4), 27(4) (with s. 38,39)
C4Ss. 300-302 extended (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 106(7), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).
Ss. 300-302 applied (with modifications) (1.12.1991) by Water Industry Act 1991 (c. 56), ss. 113(5), 223(2) (with ss. 82(3), 117(5), 186(1), 219(3), 222(1), Sch. 13 paras. 1, 2, Sch. 14 para. 6).
In arbitrations under this Act the reference shall, except where otherwise expressly provided, be to a single arbitrator to be appointed by agreement between the parties or, in default of agreement, by the Minister.
C1S. 303 extended by Highways Act 1980 (c.66, SIF 59), s. 341
A judge of any court or a justice of the peace shall not be disqualified from acting in cases arising under this Act by reason only 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 be benefited by, any rate or fund out of which any expenses of a council are to be defrayed.
C1S. 304 extended by Mines and Quarries (Tips) Act 1969 (c. 10); s. 33 and Local Government (Miscellaneous Provisions) Act 1976 (c. 57), s. 78
C2Ss. 304, 305 restored for specified purposes by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(3) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)
Section two hundred and sixty-five of the M1Public Health Act 1875, (which relates to the protection of members and officers of certain authorities) shall apply to local authorities, joint boards and port health authorities under this Act as if any reference in that section to the said Act of 1875 were a reference to this Act.
C1S. 305 extended by Mines and Quarries (Tips) Act 1969 (c. 10), s. 33
S. 305 applied (27.8.1993) by 1993 c. 11, ss. 62(1), 68(2)
C2Ss. 304, 305 restored for specified purposes by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(3) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)
M11875 c. 66.
F1S. 306 repealed by Water Act 1989 (c. 15, SIF 130), s. 190(3), Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 41(1), 57(6), 58)
F1S. 307 repealed by Local Government Act 1958 (c. 55), Sch. 9 Pt. I
(1)Any expenses incurred by a joint board shall, unless otherwise determined by the order constituting the board, be defrayed out of a common fund to be contributed by the constituent districts, or contributory places, in proportion to the rateable value of the property in each district or contributory place, as ascertained according to the valuation list for the time being in force.
(2)For the purpose of obtaining payment from constituent districts or contributory places of the sums to be contributed by them, a joint board shall issue precepts to the local authority of each district concerned, stating the sum to be contributed by the authority and requiring the authority, within a time limited by the precept, to pay the sums therein mentioned to the joint board, or to such person as the joint board may direct.
(3)Any sum mentioned in a precept issued under this section by a joint board to a local authority shall be a debt due from that authority, and may be recovered accordingly, without prejudice, however, to the right of the board to exercise any powers conferred upon them by [F1section fifteen of the M1General Rate Act 1967]
F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Where the order constituting a united district provides for contributions to be made to the common fund of the joint board by a county council, the amount of any such contribution as fixed by the order shall be a debt due to the joint board and may be recovered accordingly.
[F3(6)In subsection (5) of this section, the reference to a county council shall not include a reference to the council of a Welsh county or county borough.]
F1Words substituted by virtue of General Rate Act 1967 (c. 9), s. 116(6)
F2S. 309(4) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. VI
F3S. 309(6) added (1.4.1996) by 1994 c. 19, s. 22(3) Sch. 9 para. 3(5) (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3
M11967 c. 9.
F1S. 311 repealed with saving by National Loans Act 1968 (c. 13), s. 24(2), Sch. 6 Pt. II
F1S. 312 repealed by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), Sch. 2
F1Ss. 313, 314 repealed with saving by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), s. 27(6), Sch. 2
(1)In relation to any order made by the Minister under this Act which [F1is subject to special Parliamentary procedure] but was not made on the application of any local authority, [F2section two hundred and forty of the M1Local Government Act 1972] (which relates to the procedure for making [F1such] orders), shall have effect as if for references therein to the applicants for the order and to the application for the order there were substituted respectively references to the Minister and to the order proposed to be made by him.
(2)The expenses incurred by the Minister in connection with the making and confirmation of any such order as aforesaid shall be paid by such council, or by such councils in such shares, as he may direct, and the amount of those expenses as certified by him, or the amount of any share thereof so certified, shall be recoverable by him from the council liable therefor as a debt due to the Crown.
F1Words substituted by S.I. 1949/2393 (1949 I, p. 3973), art. 3, Sch. 2
F2Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)
M11972 c. 70.
In section three hundred and three of the M1Public Health Act 1875 (which relates to the power of the Minister to repeal and alter local Acts by means of provisional orders), the reference to any local Act which relates to the same subject-matters as that Act shall be construed as including a reference to any local Act which relates to the same subject-matters as this Act.
C1S. 317 extended by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 77, Sch. 1 para. 5(a) and by Building Act 1984 (c.55, SIF 15), s. 132, Sch. 5 para. 3(a)
M11875 c. 55.
The Minister may cause a local inquiry to be held in any case where he is authorised by this Act to determine any difference, to make any order, to frame any scheme, to give any consent, confirmation, sanction or approval, or otherwise to act under this Act, and in any other case where he deems it advisable that a local inquiry should be held in relation to any matter concerning the public health in any place.
F1S. 319 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X Group1
F1Ss. 320, 321 repealed by Local Government Act 1972 (c. 70), Sch. 30
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
(2)[F2If the Minister is satisfied that any council . . . F3 or joint board have failed to discharge their functions under this Act in any case where they ought to have done so], he may make an order declaring them to be in default and directing them for the purpose of removing the default to discharge such of their functions, and in such manner and within such time or times, as may be specified in the order.
Public Health Act 1936