Section 97: Proceedings where nuisance caused by acts or default of more than one person.

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It is retained for historical reference and may not reflect the law currently in force.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The text below is the provision as originally enacted.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.

Where a statutory nuisance appears to be wholly or partly caused by the acts or defaults of two or more persons, proceedings may be instituted under the foregoing provisions of this Part of this Act against any one of them, or all or any two or more of them may be included in the same proceedings; and, subject to those provisions, any one or more of the persons proceeded against may be ordered to abate the nuisance, so far as it appears to the court to be caused by his or their acts or defaults, or may be prohibited from continuing any acts or defaults which, in the opinion of the court, contribute to the nuisance, or may be fined or otherwise punished, notwithstanding that the acts or defaults of any one of those persons would not separately have caused a nuisance, and the costs may be apportioned as the court may deem fair and reasonable.

Proceedings against several persons included in one complaint shall not abate by reason of the death of any of the persons so included, but may be carried on as if the deceased person had not been so included.

Where some only of the persons by whose acts or defaults a nuisance has been caused have been proceeded against under this Act, they may, without prejudice to any other remedy, recover in a summary manner from the other persons who were not proceeded against a proportionate part of the costs of, and incidental to, the proceedings and the abatement of the nuisance, and of any fine or costs ordered to be paid in the proceedings.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.