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Powers of county councils.
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45.—(1) Where the medical officer of health or any inhabitant householders make a representation or complaint, or give information to any vestry or district board[2]
in the administrative county of London or to the local board of Woolwich[2]
, or to any rural sanitary authority elsewhere (which vestry, board,[2]
or authority is in this Act referred to as the district authority) or to the medical officer of such authority either respecting any dwelling-house being in a state so dangerous or injurious to health as to be unfit for human habitation, or respecting an obstructive building, and also where a closing order has been made as respects any dwelling-house, the district authority shall forthwith forward to the county council of the county in which the dwelling-house or building is situate, a copy of such representation, complaint, information, or closing order, and shall from time to time report to the council such particulars as the council require respecting any proceedings taken by the authority with reference to such representation, complaint, information, or dwelling-house.
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(2) Where the county council—
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(a) are of opinion that proceedings for a closing order as respects any dwelling-house ought to be instituted, or that an order ought to be made for the demolition of any buildings forming or forming part of any dwelling-house as to which a closing order has been made, or that an order ought to be made for pulling down an obstructive building specified in any representation under this part of this Act; and
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(b) after reasonable notice, not being less than one month, of such opinion has been given in writing to the district authority, consider that such authority have failed to institute or properly prosecute proceedings, or to make the order for demolition, or to take steps for pulling down an obstructive building;
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the council may pass a resolution to that effect, and thereupon the powers of the district authority as respects the said dwelling-house and building under this part of this Act (otherwise than in respect of a scheme), shall be vested in the county council, and if a closing order or an order for demolition or for pulling down an obstructive building is made, and not disallowed on appeal, the expenses of the council incurred as respects the said dwelling-house and building, including any compensation paid, shall be a simple contract debt to the council from the district authority.
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(3) Any debt to the council under this section shall be defrayed by the district authority as part of their expenses in the execution of this part of this Act.
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(4) The county council and any of their officers shall, for the purposes of this section, have the same right of admission to any premises as any district authority or their officers have for the purpose of the execution of their duties under the enactments relating to public health, and a justice may make the like order for enforcing such admission.
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Special Provisions as to London.
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[2 Now a Metropolitan Borough Council; see 62 &63 Vict. c. 14, s. 4.]
[2 Now a Metropolitan Borough Council; see 62 &63 Vict. c. 14, s. 4.]
[2 Now a Metropolitan Borough Council; see 62 &63 Vict. c. 14, s. 4.] |
