WHEREAS the provisions of "The Nuisances Removal and Diseases Prevention Act, 1848," amended by "The Nuisances Removal and Diseases Prevention Amendment Act, 1849," in so far as the same relate to the prevention or mitigation of epidemic, endemic, or contagious diseases, are defective, and it is expedient to substitute other provisions more effectual in that behalf: Be therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited for all purposes as the "Diseases Pre- Short title. vention Act, 1855." (a) 2. The local authority for executing this Act shall be the local authority acting in execution of any general Act in force for the time being for the removal of nuisances.(b) 3. The expenses incurred in execution of this Act shall be borne out of the rates or funds administered by such local authority, under the provisions and for the purposes of any such general Act as is referred to in the preceding section. (c) (a) This Act is repealed, except so far as relates to the metropolis, by the Public Health Act, 1875, s. 343, schedule 5, Part I. (b) This and the 3rd section, and every other enactment constituting a local authority for the execution of this Act or providing for the expenses of the execution thereof, except those contained in the 18 & 19 Vict. c. 120, the Metropolis Local Management Act, were repealed by the 23 & 24 Vict. c. 77, s. 10. See Act, post. (c) See note to preceding section. Repealed by 23 & 24 Vict. c. 77, s. 10. Section 4. Power of entry. Power to herein con- may be put in force.(a) Power of general board of health to issue regula tions to carry out such provisions. Local extent and duration of regulations of general board. Publication of such regu. lations. 4. The local authority and their officers shall have power of entry for the purposes of this Act, and for executing or superintending the execution of the regulations and directions of the general board issued under this Act. 5. Whenever any part of England appears to be threatened with or is affected by any formidable epidemic, endemic, or contagious disease, the lords and others of Her Majesty's most honourable privy council,(b) or any three or more of them (the lord president of the council or one of Her Majesty's principal secretaries of state being one) may, by order or orders to be by them from time to time made, direct that the provisions herein contained for the prevention of diseases be put in force in England, or in such parts thereof as in such order or orders respectively may be expressed, and may from time to time, as to all or any of the parts to which any such order or orders extend, and in like manner revoke or renew any such order; and, subject to revocation and renewal as aforesaid, every such order shall be in force for six calendar months, or for such shorter period as in such order shall be expressed; and every such order of Her Majesty's privy council, or of any members thereof, as aforesaid, shall be certified under the hand of the clerk in ordinary of Her Majesty's privy council, and shall be published in the London Gazette; and such publication shall be conclusive evidence of such order to all intents and purposes. 6. From time to time after the issuing of any such order as aforesaid, and whilst the same continues in force, the general board of health(c) may issue directions and regulations, as the said board think fit For the speedy interment of the dead: For the dispensing of medicines, guarding against the spread of And from time to time in like manner may revoke, renew, and alter any such directions and regulations as to the said board appears expedient, to extend to all parts in which the provisions of this Act for the prevention of disease shall for the time being be put in force under such orders as aforesaid, unless such directions and regulations be expressly confined to some of such parts, and then to such parts as therein are specified; and (subject to the power of revocation and alteration herein contained) such directions and regulations shall continue in force so long as the said provisions of this Act shall under such order be applicable to the same parts. 7. Every such direction and regulation as aforesaid, when issued, shall be published in the London Gazette, and the Gazette in which (a) The provisions relating to the prevention of epidemic diseases in the Public Health Act, 1875, are contained in the 134th to the 140th sections inclusive. They apply to the districts of local authorities as defined by this Act. (b) The Local Government Board are substituted for the Privy Council by 34 & 35 Vict. c. 70. (c) Now the Local Government Board (21 & 22 Vict. c. 97; 22 & 23 Vict. c. 3; 34 & 35 Vict. c. 70). such direction or regulation was published shall be conclusive evidence of the direction or regulation so published, to all intents and purposes. Section 7. 8. The local authority shall superintend and see to the execution The local of such directions and regulations, and shall appoint and pay such authority to medical or other officers or persons, and do and provide all such see to the acts, matters, and things, as may be necessary for mitigating such execution of disease, or for superintending or aiding in the execution of such such reguladirections and regulations, or for executing the same, as the case may require. 9. The local authority may from time to time direct any prosecutions or legal proceedings for or in respect of the wilful violation or neglect of any such direction and regulation. 10. Every order of Her Majesty's privy council, and every direction and regulation of the general board of health, under this Act, shall be laid before both houses of parliament forthwith upon the issuing thereof, if parliament be then sitting, and if not, then within fourteen days next after the commencement of the then next session of parliament. tions, &c. And may direct prosecution for violating the same. Orders of council, directions and regulations to be laid before parliament. Orders in council may extend to 11. Orders in council issued in pursuance of this Act for putting in force the provisions for the prevention of disease in the said Nuisances Removal and Diseases Prevention Acts contained, in Great Britain, may extend to parts and arms of the sea lying within parts and the jurisdiction of the admiralty; and the board of health(e) for arms of the England may issue under this Act directions and regulations for sea.(d) cleansing, purifying, ventilating, and disinfecting, and providing medical aid and accommodation, and preventing disease in ships and vessels, as well upon arms and parts of the sea aforesaid as upon inland waters. 12. Whenever in compliance with any regulation of the general board of health, which they may be empowered to make under this Act, any medical officer appointed under and by virtue of the laws for the time being for the relief of the poor, shall perform any medical service on board of any vessel, such medical officer shall be entitled to charge extra for any such service, at the general rate of his allowance for his services for the union or place for which he is appointed, and such charges shall be payable by the captain of the vessel, on behalf of the owners, together with any reasonable expenses for the treatment of the sick; and if such services shall be rendered by any medical practitioner who is not a union or parish officer, he shall be entitled to charges for any service rendered on board, with extra remuneration on account of distance, at the same rate as those which he is in the habit of receiving from private patients of the class of those attended and treated on shipboard, to be paid as aforesaid; (d) See Sanitary Act, 1866, s. 52, with respect to vessels having on board persons affected with infectious diseases; and Public Health Act, 1875, schedule 5, Part III., declaring such vessels to be within 6 Geo. 4, c. 78, although they had not commenced their voyage or have sailed from, or are bound to, some place in the United Kingdom. (e) See note to section 6. (f) Compare section 138 of Public Health Act, 1875. Medical officers of unions and others entitled to costs of attending sick on board vessels, when orders of required by general board of health. (f) Section 12. and in case of dispute in respect of such charges, such dispute may, where the charges do not exceed 201., be determined summarily, at the place where the dispute arises, as in case of seamen's wages not exceeding 501., according to the provisions of the law(a) in that behalf for the time being in force; and any justice before whom complaint is made shall determine summarily as to the amount which is reasonable, according to the accustomed rate of charge P.H. (L) Act 1891 within the place for attendance on patients of the like class or conditions as those in respect of whom the charge is made. Penalty for Act. Certain pro- Removal Act to apply to * 14. (b) Whoever wilfully obstructs any person acting under the authority or employed in the execution of this Act, and whosoever wilfully violates any direction or regulation issued by the general board of health as aforesaid, shall be liable for every such offence to a penalty not exceeding 5l., to be appropriated in or towards defraying the expenses of executing this Act. 15. The provisions of any general Act in force for the removal of nuisances, with regard to the service of notices, the proof of orders or resolutions of the local authority, and the recovery of penalties, shall extend and apply to this Act. (a) According to provisions contained in sections 188, 523 of Merchant Shipping Act, 17 & 18 Vict. c. 104. (b) Section 13 is repealed by Statute Law Revision Act, 1878. AN ACT Repealed by P.H. (1) Act 1891. TO CONSOLIDATE AND AMEND THE NUISANCES REMOVAL AND DISEASES PREVENTION ACTS, 1848 AND 1849.(a) 18 & 19 VICT. CAP. 121. 14TH AUGUST, 1855. WHEREAS the provisions of "The Nuisances Removal and Diseases Prevention Act, 1848," amended by "The Nuisances Removal and Diseases Prevention Amendment Act, 1849," are defective, and it is expedient to repeal the said Acts, as far as relates to England, and to substitute other provisions more effectual in that behalf: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows: 1. From and after the passing of this Act, the said Acts are by this section repealed as far as relates to England: Provided always, that all proceedings commenced or taken under the said Acts, and (a) This Act was amended by 23 & 24 Vict. c. 77, and 26 & 27 Vict. c. 117 (Nuisances Removal Acts for England Amendment Act, 1863), 29 & 30 Vict. c. 41 (Nuisances Removal Act, No. 1, 1866), and 29 & 30 Vict. c. 90 (Sanitary Act, 1866). The whole of these Acts and this Act were, by The Public Health Act, 1872, 35 & 36 Vict. c. 79, s. 60, included in the expression "Nuisances Removal Acts." The Sanitary Act, 1866, was amended by 31 & 32 Vict. c. 100 (Sanitary Loans Act, 1869), 33 & 34 Vict. c. 53 (Sanitary Act, 1870), 35 & 36 Vict. c. 79 (The Public Health Act, 1872), and 37 & 38 Vict. c. 84 (Sanitary Law Amendment Act, 1874). The 38 & 39 Vict. c. 55 (The Public Health Act, 1875), which consolidates and embodies in a single statute the scattered and isolated provisions contained in various Acts relating to the powers and duties of sanitary authorities in England, repeals the whole of the foregoing enactments, except so far as relates to the metropolis (section 243, Sched. 5, Part I.); subject to the savings and qualifications in that section. The repeal of the Sanitary Law Amendment Act, 1874, by the Act of 1875, also excepts the metropolitan police district as well as the metropolis. The second section enacts that the Act shall not extend to Scotland or Ireland, nor, save as therein expressly provided, to the metropolis as defined by the Metropolis Management Act, 1855. There are very few provisions which apply to the metropolis, and those which do are referred to in the notes appended to this and the amending Acts which follow. |