Section 92: Statutory nuisances.

Public Health Act 1936 · 1936 c. 49View on legislation.gov.uk

This provision is omitted
It is retained for historical reference and may not reflect the law currently in force.

Part III: Nuisances and offensive trades.

OMITTED FROM CURRENT TEXT.

The text below is the provision as originally enacted. It is historical and may not include amendments made before this status change. View the enacted source.

Without prejudice to the exercise by a local authority of any other powers vested in them by or under this Act, the following matters may, subject to the provisions of this Part of this Act, be dealt with summarily, and are in this Part of this Act referred to as " statutory nuisances," that is to say:—

any premises in such a state as to be prejudicial to health or a nuisance;
any animal kept in such a place or manner as to be prejudicial to health or a nuisance;
any accumulation or deposit which is prejudicial to health or a nuisance;
any dust or effluvia caused by any trade, business, manufacture or process and being prejudicial to the health of, or a nuisance to, the inhabitants of the neighbourhood;
any factory (not being a factory to which section one of the Factory and Workshop Act, 1901, applies) workshop, or workplace, which is not provided with sufficient means of ventilation, or in which sufficient ventilation is not maintained, or which is not kept clean or not kept free from noxious effluvia, or which is so overcrowded while work is carried on as to be prejudicial to the health of those employed therein;
any other matter declared by any provision of this Act to be a statutory nuisance.

A local authority shall not without the consent of the Minister institute summary proceedings under this Part of this Act in respect of any such nuisance as is mentioned in paragraph (c) or paragraph (d) of the preceding subsection if proceedings in respect thereof might be instituted under the Alkali, &c. Works Regulation Act, 1906.

So much of paragraph (e) of subsection (1) of this section as relates to the provision of means of ventilation and the maintenance of ventilation shall not apply to a shop to which the Shops Act, 1934, applies.

In determining for the purposes of the said paragraph (e) whether any factory or workshop is provided with sufficient means of ventilation or whether sufficient ventilation is maintained therein, or whether any factory or workshop is so overcrowded as to be prejudicial to health, regard shall be had to the requirements of the Factory and Workshop Act, 1901, and of any order made by the Secretary of State thereunder, with respect to ventilation or overcrowding in factories and workshops.

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