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ANNEX D: CURRENT BUT RARELY USED LEGAL POWERS FROM PUBLIC HEALTH (SCOTLAND) ACT 1897
Table 1: Proposed Local Authority general powers (property/premises)
Currently powers sit with local authority and it is proposed they remain there, although an additional duty of co-operation would be placed on the NHS.
Sections | Current position and future usefulness |
|---|
Section 27 Articles removed to be sold | Matter or thing can be sold or destroyed. Considered a useful process to keep |
Section 30
Penalty for damaging drain etc. so as to cause nuisance | Considered useful to keep |
Section 31 Water closets etc. used in common (in common relates to 2 or more) | Needs a definition of dwelling house but considered useful to retain and modernise |
Section 35 Local authorities may make byelaws as to pig sties | Considered useful, to be retained and extended to more than pig sties |
Section 50
Infectious matter thrown into ash-pits etc. to be disinfected | Could be deleted if other laws pick up disposal of infected material |
Section 65 Byelaws as to public conveyances for securing cleanliness and sanitary condition | Considered useful to retain and update : however the Road Traffic Act 1930 repealed this Section with respect to public service vehicles |
Section 66 Power of local authority to provide hospitals or houses of reception for persons exposed to infection | Substantially repealed, save for houses of reception.
Could be repealed, unless considered to be of value in responding to emergency involving an infectious disease |
Table 2: Local Authority powers on dwelling places and common lodging houses
Sections | Current position and future usefulness |
|---|
Section 40 Houses in filthy state to be purified | Useful to keep, but expanded to include 'deliberate fouling' |
Section 42 Periodical removal of manure from mews and other premises | Thought useful to keep if extended to include all animals |
Section 47 Cleansing and disinfecting of premises etc | Keep and modernise with new definition of house and change from removal of 'residents' to removal of 'people' |
Section 48 Disinfection of bedding etc | Keep and modernise with new definition of house and change from removal of 'residents' to removal of 'people' |
Section 51 Penalty on letting houses in which infected persons have been lodging | Keep but update with new definition of house (to include ships etc) and make it an offence to keep silent about infectious disease |
Section 52 Penalty on persons letting houses making false statements re infectious disease | If Section 51 updated, it might be unnecessary to retain Section 52 |
Section 96LA may remove sick persons (any infectious disease) to hospitals etc | Allows removal of ill person and the stopping of admissions to lodging houses until clear of infection . It is proposed this power is retained |
Section 97 As to giving notice of fever etc occurring | Requires immediate notification to DMO, removal & closing of lodging house and LA may need to make provision for shelter. It is proposed this power is retained |
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