Office of Public Sector Information

Part XII General

Supplemental as to powers of councils

271. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

272, 273.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

274. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

275 Power of local authority to execute certain work on behalf of owners or occupiers

A local authority may by agreement with the owner or occupier of any premises themselves execute at his expense any work which they have under this Act required him to execute, or any work in connection with the construction, laying, alteration or repair of a sewer, [F1or drain], which he is entitled to execute, and for that purpose they shall have all such rights as he would have.

276 Power of local authority to sell certain materials

(1)A local authority may sell any materials which have been removed by them from any premises, including any street, when executing works under, or otherwise carrying into effect the provisions of, this Act, and which are not before the expiration of three days from the date of their removal claimed by the owner and taken away by him.

(2)Where a local authority sell any materials under this section, they shall pay the proceeds to the person to whom the materials belonged after deducting the amount of any expenses recoverable by them from him.

(3)This section does not apply to refuse removed by a local authority.

277. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

278 Compensation to individuals for damage resulting from exercise of powers under Act

(1)Subject to the provisions of this section, a local authority shall make full compensation to any person who has sustained damage by reason of the exercise by the authority of any of their powers under this Act in relation to a matter as to which he has not himself been in default.

(2)Any dispute arising under this section as to the fact of damage, or as to the amount of compensation, shall be determined by arbitration:

(3)No person shall be entitled by virtue of this section to claim compensation F1. . . on the ground that he has sustained damage by reason of any action of a local authority in respect of which the authority are by this Act authorised to pay compensation if they think fit.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Breaking open of streets

279. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

280, 281.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

282 Application of 38 & 39 Vict. c. 55 s. 153

Section one hundred and fifty-three of the M1Public Health Act 1875 (which relates to the power to require gas and water pipes to be moved), shall apply for the purposes of this Act as it applies for the purposes of that Act.

Notices, &c

283 Notices to be in writing; forms of notices, &c

(1)All notices, orders, consents, demands and other documents authorised or required by or under this Act to be given, made or issued by a council, and all notices and applications authorised or required by or under this Act to be given or made to, or to any officer of, a council shall be in writing.

(2)The Minister may by regulations prescribe the form of any notice, advertisement, certificate or other document to be used for any of the purposes of this Act and, if forms are so prescribed, those forms or forms to the like effect may be used in all cases to which those forms are applicable.

284 Authentication of documents

(1)Any notice, order, consent, demand or other document which a council are authorised or required by or under this Act to give, make or issue may be signed on behalf of the council—

(a)by the clerk of the council;

(b)by the surveyor, the medical officer of health, the sanitary inspector or the chief financial officer, of the council as respects documents relating to matters within their respective provinces;

(c)by any officer of the council authorised by them in writing to sign documents of the particular kind or, as the case may be, the particular document.

(2)Any document purporting to bear the signature of an officer expressed to hold an office by virtue of which he is under this section empowered to sign such a document, or expressed to be duly authorised by the council to sign such a document or the particular document, shall for the purposes of this Act, and of any byelaws [F1building regulations] and orders made thereunder, be deemed, until the contrary is proved, to have been duly given, made or issued by authority of the council

In this subsection the expression “signature” includes a facsimile of a signature by whatever process reproduced.

285 Service of notices, &c

Any notice, order, consent, demand or other document which is required or authorised by or under this Act to be given to or served on any person may, in any case for which no other provision is made by this Act, be given or served either—

(a)by delivering it to that person; or

(b)in the case of a coroner, or a medical officer of health, by leaving it or sending it in a prepaid letter addressed to him, at either his residence or his office and, in the case of any other officer of a council, by leaving it or sending it in a prepaid letter addressed to him, at his office; or

(c)in the case of any other person, by leaving it or sending it in a prepaid letter addressed to him, at his usual or last known residence; or

(d)in the case of an incorporated company or body, by delivering it to their secretary or clerk at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office; or

(e)in the case of a document to be given to or served on a person as being the owner of any premises by virtue of the fact that he receives the rackrent thereof as agent for another, or would so receive it if the premises were let at a rackrent, by leaving it, or sending it in a prepaid letter addressed to him, at his place of business; or

(f)in the case of a document to be given to or served on the owner or the occupier of any premises, if it is not practicable after reasonable inquiry to ascertain the name and address of the person to or on whom it should be given or served, or if the premises are unoccupied, by addressing it to the person concerned by the description of “owner” or “occupier” of the premises (naming them) to which it relates, and delivering it to some person on the premises, or, if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.

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Entry and obstruction

287 Power to enter premises

(1)Subject to the provisions of this section, any authorised officer of a council shall, on producing, if so required, some duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours—

(a)for the purpose of ascertaining whether there is, or has been, on or in connection with the premises any contravention of the provisions of this Act or of any byelaws [F1or building regulations] made thereunder, being provisions which it is the duty of the council to enforce;

(b)for the purpose of ascertaining whether or not circumstances exist which would authorise or require the council to take any action, or execute any work, under this Act or any such byelaws [F1 or building regulations];

(c)for the purpose of taking any action, or executing any work, authorised or required by this Act or any such byelaws [F1 or building regulations], or any order made under this Act, to be taken, or executed, by the council;

(d)generally, for the purpose of the performance by the council of their functions under this Act or any such byelaws [F1 or building regulations]:

Provided that admission to any premises not being a factory, F2. . . or workplace, shall not be demanded as of right unless twenty-four hours’ notice of the intended entry has been given to the occupier.

(2)If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a)that admission to any premises has been refused, or that refusal is apprehended, or that the premises are unoccupied or the occupier is temporarily absent, or that the case is one of urgency, or that an application for admission would defeat the object of the entry; and

(b)that there is reasonable ground for entry into the premises for any such purpose as aforesaid,

the justice may by warrant under his hand authorise the council by any authorised officer to enter the premises, if need be by force:

(3)An authorised officer entering any premises by virtue of this section, or of a warrant issued thereunder, may take with him such other persons as may be necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectually secured against trespassers as he found them.

(4)Every warrant granted under this section shall continue in force until the purpose for which the entry is necessary has been satisfied.

(5)If any person who in compliance with the provisions of this section or of a warrant issued thereunder is admitted into a factory,. . . or workplace discloses to any person any information obtained by him in the factory,. . . or workplace with regard to any manufacturing process or trade secret, he shall, unless such disclosure was made in the performance of his duty, be liable to a fine not exceeding [F3level 3 on the standard scale] or to imprisonment for a term not exceeding three months.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

288 Penalty for obstructing execution of Act

A person who wilfully obstructs any person acting in the execution of this Act or of any byelaw [F1building regulation], order or warrant made or issued thereunder shall, in any case for which no other provision is made by this Act, be liable to a fine not exceeding [F2£10 for a first offence and £20 for a second or subsequent offence].

289 Power to require occupier to permit works to be executed by owner

If on a complaint made by the owner of any premises, it appears to a court of summary jurisdiction that the occupier of those premises prevents the owner from executing any work which he is by or under this Act required to execute, the court may order the occupier to permit the execution of the work.

Notices requiring the execution of works

290 Provisions as to appeals against, and the enforcement of, notices requiring execution of works

(1)The following provisions of this section shall, subject to any express modifications specified in the section under which the notice is given, apply in relation to any notice given under this Act which is expressly declared to be a notice in relation to which the provisions of this Part of this Act with respect to appeals against, and the enforcement of, notices requiring the execution of works are to apply.

(2)Any such notice shall indicate the nature of the works to be executed, and state the time within which they are to be executed.

(3)A person served with such a notice as aforesaid may appeal to a court of summary jurisdiction on any of the following grounds which are appropriate in the circumstances of the particular case:—

(a)that the notice or requirement is not justified by the terms of the section under which it purports to have been given or made;

(b)that there has been some informality, defect or error in, or in connection with, the notice;

(c)that the authority have refused unreasonably to approve the execution of alternative works, or that the works required by the notice to be executed are otherwise unreasonable in character or extent, or are unnecessary;

(d)that the time within which the works are to be executed is not reasonably sufficient for the purpose;

(e)that the notice might lawfully have been served on the occupier of the premises in question instead of on the owner, or on the owner instead of on the occupier, and that it would have been equitable for it to have been so served;

(f)where the work is work for the common benefit of the premises in question and other premises, that some other person, being the owner or occupier of premises to be benefited, ought to contribute towards the expenses of executing any works required.

(4)If and in so far as an appeal under this section is based on the ground of some informality, defect or error in or in connection with the notice, the court shall dismiss the appeal, if it is satisfied that the informality, defect or error was not a material one.

(5)Where the grounds upon which an appeal under this section is brought include a ground specified in paragraph (e) or paragraph (f) of subsection (3) of this section, the appellant shall serve a copy of his notice of appeal on each other person referred to, and in the case of any appeal under this section may serve a copy of his notice of appeal on any other person having an estate or interest in the premises in question, and on the hearing of the appeal the court may make such order as it thinks fit with respect to the person by whom any work is to be executed and the contribution to be made by any other person towards the cost of the work, or as to the proportions in which any expenses which may become recoverable by the local authority are to be borne by the appellant and such other person.

In exercising its powers under this subsection, the court shall have regard—

(a)as between an owner and an occupier, to the terms and conditions, whether contractual or statutory, of the tenancy and to the nature of the works required; and

(b)in any case, to the degree of benefit to be derived by the different persons concerned.

(6)Subject to such right of appeal as aforesaid, if the person required by the notice to execute works fails to execute the works indicated within the time thereby limited, the local authority may themselves execute the works and recover from that person the expenses reasonably incurred by them in so doing and, without prejudice to their right to exercise that power, he shall be liable to a fine not exceeding [F1level 4 on the standard scale], and to a further fine not exceeding [F2£2] for each day on which the default continues after conviction therefor.

(7)In proceedings by the local authority against the person served with the notice for the recovery of any expenses which the authority are entitled to recover from him, it shall not be open to him to raise any question which he could have raised on an appeal under this section.