Public Health (Scotland) Act 1897 : 60 & 61 Vict. Ch. 38.

  • Great Britain.
Date:
1897]
Catalogue details

Licence: Public Domain Mark

Credit: Public Health (Scotland) Act 1897 : 60 & 61 Vict. Ch. 38. Source: Wellcome Collection.

    20/88 (page 18)
    A.B. 1897. done as may be necessary for an effectual examination of the ■ said premises : Provided always, that if no nuisance be found to exist, the local authority shall restore the premises at their own expense, and if admission be refused, the local authority, or medical officer, or sanitary inspector ma}' apply to the sheriff, or to any magistrate or justice of the peace having jurisdiction in the place, stating on oath such belief; and such sheriff, magistrate, or justice may, after intimation to the owner and occupier, or person in charge of the premises, by order in writing, require the occupier or person having the custody of such premises to admit the local authority and others aforesaid ; and if such occupier or person refuse or fail to obey such order, he shall, on conviction of such offence, be- liable to a penalty not exceeding five pounds ; and on being satisfied of such failure or refusal, the sheriff, magistrate, or justice may grant warrant to such local authority, officers, or person or persons for immediate forcible entry into the premises ; and if no such occupier or person can be discovered, or if no person is found on the premises to give or refuse admission, the local authority or their officers may enter the premises without any order or warrant, and forcibly if need be. Provided that if no nuisance be found to exist, the local authority shall restore the premises at their own expense. Any order made by a sheriff, magistrate, or justice, for the admission of the local authority or their officers or other persons, under this section shall continue in force until the nuisance has been removed, or the work for which the entry was necessary has been done. 19. Information of any nuisance under this Act in the district of any local authority may be given to such local authority by any person, and it shall be the duty of every officer of such authority, and of any constable or officer of police of the county or burgh, in accordance with the regulations of the authority having control over him, to give that information, and it shall be the duty of the said aut,hority to make the said regulations. The local authority- shall give such directions to their officers as will secure the existence of the nuisance being immediately brought to the know- ledge of any person who may be required to remove it, and such officer shall do so by an intimation as herein-after provided. 20. —On the receipt of any information respecting the existence of a nuisance liable to be dealt with summarily under this Act, the local authority shall, if satisfied of the existence of a nuisance, serve a notice on the author of the nuisance, or, if such author cannot be found, on the occupier or owner of the premises on which the nuisance arises or continues, requiring him to remove the same within the time specified in the notice, and to execute such works and do such things as. may be necessary for that purpose, and if the local authority think it desirable (but not otherwise) specifying any works to be executed. (2.) The local authority may also by the same or another notice served on such occupier, owner, or person, require him to do what is necessary for preventing the recurrence of the nuisance, and, if 18 Information of nuisances to local authority. Kotice requiring removal of nuisance.