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PUBLIC HEALTH ACTS AMENDMENT ACT 1890

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - LONG TITLE

An Act to amend the Public Health Acts.{1}
[18th August 1890]
PART IGENERALDivision of Acts into parts.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 1

1. This Act is divided into parts as follows:

Part III.General.

. . .

Part III.Sanitary and other provisions.

. . .

. . .

Short title and extent of Act.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 2

2.(2) Part One of this Act shall extend to... Ireland... Parts...,
Three... shall extend to any district in which they are respectively
adopted under the provisions of this Act.

(3) This Act may be cited as the Public Health Acts Amendment Act,
1890...

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 3
Adoption of Act by district councils.

3. The following provisions shall have effect with regard to the
adoption of the parts of this Act, which are adoptive, by [district
councils]:

(1) [A district council] may adopt all or any of such parts.

!Para.(2) rep. by SRO (NI) 1973/285

(3)The adoption shall be by a resolution passed at a meeting of
the [district council]; and one calendar month at least before such
meeting special notice of the meeting and of the intention to
propose such resolution shall be given to every member of the
[council], and the notice shall be deemed to have been duly given
to a member of it, if it is either

(a)Given in the mode in which notices to attend meetings of the
[council] are usually given; or

(b)Where there is no such mode, then signed by the clerk of the
[council], and delivered to the member or left at his usual or
last known place of abode in Ireland, or forwarded by post in a
prepaid letter, addressed to the member at his usual or last known
place of abode in Ireland.

(4)Such resolution shall be published by advertisement in some one
or more newspapers circulating within the district of the [council]
and by causing notice thereof to be affixed to the principal doors
of every church and chapel in the place to which notices are
usually fixed and otherwise in such manner as the [council] think
sufficient for giving notice thereof to all persons interested, and
shall come into operation at such time not less than one month
after the first publication of the advertisement of the resolution
as the [council] may by the resolution fix, and upon its coming
into operation such parts of the Act as are adopted shall extend
to that district.

(5)A copy of the resolution shall be sent

(a)Where any part of the Act is adopted, to the Local Government
Board for Ireland;

Para.(b) rep. by SLR 1976; para.(c) rep. by SLR (NI) 1954

(6)A copy of the advertisement shall be conclusive evidence of the
resolution having been passed, unless the contrary be shown; and no
objection to the effect of the resolution, on the ground that
notice of the intention to propose the same was not duly given, or
on the ground that the resolution was not sufficiently published,
shall be made after three months from the date of the first
publication of the advertisement.

S.4 rep. by SRO (NI) 1973/285

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 6
Legal proceedings, &c.

6. Offences under this Act may be prosecuted, and penalties,
forfeitures, costs, and expenses recovered in like manner and subject
to the same provisions as offences which may be prosecuted and
penalties, forfeitures, costs, and expenses which may be recovered in
a summary manner under the Public Health Acts.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 7
Appeals to county court.

7.(1) Any person aggrieved

(a)By any order, judgment, determination, or requirement of a
[district council] under this Act;

(b)by the withholding of any order, certificate, licence, consent, or
approval, which may be made, granted, or given by a [district
council] under this Act;

(c)By any conviction or order of a court of summary jurisdiction
under any provision of this Act;

(2) This section shall not apply in cases where there is an appeal
to the Local Government Board for Ireland under section two hundred
and sixty-eight of the Public Health (Ireland) Act, 1878.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 8
More than one sum in one summons, &c.

8. Any information, complaint, warrant, or summons made or issued
for the purposes of this Act, or of the Public Health Acts, may
contain in the body thereof or in a schedule thereto several sums.

S.9 rep. by 1972 c.9 (NI) s.49 sch.9

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 10
Powers of Act cumulative.

10.(1) All powers given to a [district council] under this Act
shall be deemed to be in addition to and not in derogation of any
other powers conferred upon such [district council] by any Act of
Parliament, law, or custom, and such other powers may be exercised
in the same manner as if this Act had not been passed.

(2) Nothing in this Act shall exempt any person from any penalty
to which he would have been liable if this Act had not been
passed, provided that no person shall be liable to pay, except in
the case of a daily penalty, more than one penalty in respect of
the same offence.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 11
Interpretation.

11.(1) The expression "ashpit" in the Public Health Acts and in
this Act shall for the purposes of the execution of those Acts and
of this Act include any ashtub or other receptable for the deposit
of ashes, [or faecal matter].

Subs.(2) rep. by 1964 c.27 (NI) s.43 sch.

(3) In this Act if not inconsistent with the context

Definitions rep. by SRO (NI) 1973/285

The expression "sanitary convenience" includes urinals, water-closets,
earth-closets, privies, ashpits, and any similar convenience.

The expression "daily penalty" means a penalty for each day on
which any offence is continued after conviction therefor.

The expressions... "owner", "street", "house", "drain", "sewer", have
respectively the same meaning as in the Public Health Acts.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 12
Application of Act to Ireland.

12. In the application of this Act to Ireland the following
modifications shall have effect:

(1)Sections five and forty-one shall not apply to Ireland.

(2)This Act shall be construed as one with the Public Health
(Ireland) Act, 1878.

(3)This Act and the Public Health (Ireland) Act, 1878, may be cited
as the Public Health (Ireland) Acts.

(4)A reference to a place of abode in England shall be construed
to be a reference to a place of abode in Ireland.

(5)The Local Government Board for Ireland shall be substituted for
the Local Government Board.

Para.(6) rep. by SLR (NI) 1954

(7)The expression "the Public Health Acts" shall include the Public
Health (Ireland) Act, 1878, and the said Act shall be substituted
for the Public Health Act, 1875, and in particular references in
this Act to sections thirty-eight, forty-one,... one hundred and
fifty-seven,... one hundred and sixty-five,... two hundred and
sixty-eight,... of the Public Health Act, 1875, shall be respectively
taken to be references to sections forty-eight, fifty-one,...
forty-one,... one hundred and two,... two hundred and sixty-eight,...
PS0800[of the Public Health (Ireland) Act, 1878.]

Paras.(8)(9) rep. by SLR (NI) 1954; para.(10) rep. by 1972 c.9 (NI)
s.149 sch.9; para.(11) rep. by SLR 1976

Part II (ss.1315) rep. by 1928 c.10 (NI) s.9(4)

Ss.1618 rep. by 1973 NI 2 art.60(2) sch.4

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 19
Extension of 1878 c.52 s.51.

19.(1) Where two or more houses belonging to different owners are
connected with a public sewer by a single private drain, an
application may be made under section fifty-one of the Public Health
(Ireland) Act, 1878 (relating to complaints as to nuisances from
drains), and the [district council] may recover any expenses incurred
by them in executing any works under the powers conferred on them
by that section from the owners of the houses in such shares and
proportions as shall be settled by [the council] or (in case of
dispute) by a court of summary jurisdiction.

(2) Such expenses may be recovered summarily or may be declared by
the [district council] to be private improvement expenses under the
Public Health Acts, and may be recovered accordingly.

(3) For the purposes of this section the expression "drain" includes
a drain used for the drainage of more than one building.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 20
Sanitary conveniences for public accommodation.

20.(1) Where [a district council] provide and maintain for public
accommodation any sanitary conveniences, such [council] may

(i)Make regulations with respect to the management thereof and make
byelaws as to the decent conduct of persons using the same;

(ii)Let the same from time to time for any term not exceeding
three years at such rent and subject to such conditions as they
may think fit;

(iii)Charge such fees for the use of any waterclosets provided by
them as they may think proper.

(2) No public sanitary convenience shall, after the adoption of this
part of this Act, be erected in or accessible from any street
without the consent in writing of the [district council], who may
give such consent upon such terms as to the use thereof or the
removal thereof at any time, if required by the [district council],
as they may think fit.

(3) Any person who erects a sanitary convenience in contravention of
this enactment, and after a notice in writing to that effect from
the [district council] does not remove the same, shall be liable to
a penalty not exceeding five pounds, and to a daily penalty not
exceeding [#1].

(4) Nothing in this section shall extend to any sanitary convenience
now or hereafter to be erected by any railway company within their
railway station yard or the approaches thereto.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 21
Sanitary conveniences used in common.

21. With respect to any sanitary convenience used in common by the
occupiers of two or more separate dwelling-houses, or by other
persons, the following provisions shall have effect:

(1)If any person injures or improperly fouls any such sanitary
convenience, or anything used in connexion therewith, he shall for
every such offence be liable to a penalty not exceeding [50p]:

(2)If any sanitary convenience or the approaches thereto, or the
walls, floors, seats, or fittings thereof is or are in the opinion
of the [district council]... in such a state or condition as to be
a nuisance or annoyance to any inhabitant of the district for want
of the proper cleansing thereof, such of the persons having the use
thereof in common as aforesaid as may be in default, or in the
absence of proof satisfactory to the court as to which of the
persons having the use thereof in common is in default, each of
those persons, shall be liable to a penalty not exceeding [50p],
and to a daily penalty not exceeding [25p].

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 22
Sanitary conveniences for manufactories, &c.

22.(1) Every building, used as a workshop or manufactory, or where
persons are employed or intended to be employed in any trade or
business, whether erected before or after the adoption of this part
of this Act in any district, shall be provided with sufficient and
suitable accommodation in the way of sanitary conveniences, having
regard to the number of persons employed in or in attendance at
such building, and also where persons of both sexes are employed,
or intended to be employed, or in attendance, with proper separate
accommodation for persons of each sex.

(2) Where it appears to [a district council]... that the provisions
of this section are not complied with in the case of any building,
the [district council] may, if they think fit, by written notice,
require the owner or occupier of any such building to make such
alterations and additions therein as may be required to give such
sufficient, suitable, and proper accommodation as aforesaid.

(3) Any person who neglects or refuses to comply with any such
notice shall be liable for each default to a penalty not exceeding
twenty pounds, and to a daily penalty not exceeding [#2].

(4) Where this section is in force, section forty-eight of the
Public Health (Ireland) Act, 1878 shall be repealed.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 23
Extension of 1878 c.52 s.41.

23.(1) Section forty-one of the Public Health (Ireland) Act, 1878
shall be extended so as to empower

[(a)every district council to make byelaws with respect to the
keeping of water-closets supplied with sufficient water for flushing;
and

(b)the [Department of the Environment] to make regulations with
respect to the] provision in connexion with the laying out of new
streets of secondary means of access where necessary for the purpose
of the removal of house refuse and other matters.

Subs.(2)(4) rep. by 1972 NI 19 art.16(2) sch.4

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 24
Rooms over privies, &c. not to be used as dwelling or sleeping
rooms.

24.(1) Where any portion of a room extends immediately over any
privy (not being a watercloset or earth-closet), or immediately over
any cesspool, midden, or ashpit, that room, whether built before or
after the adoption of this part of this Act, shall not be occupied
as a dwelling place, sleeping place, or work-room or place of
habitual employment of any person in any manufacture, trade, or
business during any portion of the day or night.

(2) Any person who after the expiration of one month after the
adoption of this part of this Act, and after notice from the
[district council] of not less than seven days, so occupies, and
any person who suffers to be so occupied, any such room, shall be
liable to a penalty not exceeding [#2], and to a daily penalty not
exceeding [50p].

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 25
Penalty for erecting buildings on ground filled up with offensive
matter.

25.(1) It shall not be lawful to erect a new building on any
ground which has been filled up with any matter impregnated with
faecal, animal, or vegetable matter, or upon which any such matter
has been deposited, unless and until such matter shall have been
properly removed by excavation or otherwise, or shall have been
rendered or have become innocuous.

(2) Every person who does or causes, or wilfully permits to be
done any act in contravention of this section shall for every such
offence be liable to a penalty not exceeding five pounds, and a
daily penalty not exceeding [#2].

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 26
Power to make byelaws for certain sanitary purposes.

26.(1) [A district council] may make byelaws in respect of the
following matters, namely:

(a)For prescribing the times for the removal or carriage through the
streets of any faecal or offensive or noxious matter or liquid,
whether such matter or liquid shall be in course of removal or
carriage from within or without or through their district:

(b)For providing that the vessel, receptacle, cart, or carriage used
therefor shall be properly constructed and covered so as to prevent
the escape of any such matter or liquid:

(c)For compelling the cleansing of any place whereon such matter or
liquid shall have been dropped or spilt in such removal or
carriage.

[(2) Where a [district council] themselves undertake or contract for
the removal of house refuse they may make byelaws imposing on the
occupier of any premises duties in connexion with such removal so
as to facilitate the work which the [district council] undertake or
contract for.]

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 27
Provision for keeping common courts and passages clean.

27.(1) Where any court, or where any passage leading to the back
of several buildings in separate occupations, and not being a
highway repairable by the inhabitants at large, is not regularly and
effectually swept and kept clean and free from rubbish or other
accumulation to the satisfaction of the [district council], the
[district council] may, if they think fit, cause to be swept and
cleaned such court or passage.

(2) The expenses thereby incurred shall be apportioned between the
occupiers of the buildings situated in the court or to the back of
which the passage leads in such shares as may be determined by the
[district council], or (in case of dispute) by a court of summary
jurisdiction, and in default of payment any share so apportioned may
be recovered summarily from the occupier on whom it is apportioned.

S.28 rep. by 1958 c.27 (NI) s.73(1) sch.4 Pt.I

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 29
Duration of licences.

29. Licences granted after the adoption of this part of this Act
for the use and occupation of places as [knackers' yards] shall be
in force for such time or times only, not being less than twelve
months, as the [district council] shall think fit to specify in
such licences.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 30
Notice of change of occupation of slaughterhouse.

30.(1) Upon any change of occupation of any building within [a]
district registered or licensed for use and used as a [knacker's
yard], the person thereupon becoming the occupier or joint occupier
shall give notice in writing of the change of occupation to the
[district council].

(2) A person who fails or neglects to give such notice within one
month after the change of occupation occurs shall be liable to a
penalty not exceeding five pounds.

(3) Notice of this enactment shall be endorsed on all licences
granted after the adoption of this part of this Act.

S.31 rep. by 1953 c.21 (NI) s.7(2) sch.2 Pt.I; 1958 c.27 (NI)
s.73(1) sch.4 Pt.I. S.32 rep. by 1972 NI 14 art.109(3) sch.18

Buildings described in deposited plans otherwise than as
dwelling-houses not to be used as such.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 33

33.(1) Where the plan of a building has been, either before or
after the adoption of this part of this Act in any district,
deposited with a [district council] in pursuance of any Act of
Parliament or byelaw, and that building is described therein
otherwise than as a dwelling-house, any person who wilfully uses or
knowingly permits to be used such building or any part thereof for
the purposes of habitation by any person other than the person
placed therein to take care thereof, and the family of such person,
shall be guilty of an offence under this section, and shall be
liable to a penalty not exceeding five pounds, and to a daily
penalty not exceeding [#2].

(2) Provided that if such building has in the rear thereof and
adjoining and exclusively belonging thereto such an open space as is
required by any Act of Parliament or byelaw for the time being in
force with respect to buildings intended to be used as
dwelling-houses, and if such part of the building as is intended to
be used as a dwelling-house has undergone such structural
alterations, if any, as are necessary in the opinion of the
[district council] to render it fit for that purpose, the owner may
use the same as a dwelling-house.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 34
Hoards to be set up during progress of buildings, &c.

34.(1) Every person intending to build or take down any building,
or to alter or repair the outward part of any building in any
street or court, shall

(a)before beginning the same, unless the [district council] otherwise
consent in writing, cause close-boarded hoards or fences to the
satisfaction of the [district council] to be put up in order to
separate the building from the street or court;

(b)if the [district council] so require, make a convenient covered
platform and handrail to serve as a footway for passengers outside
of such hoard or fence;

(c)continue such hoard or fence with such platform and handrail as
aforesaid standing and in good condition to the satisfaction of the
[district council] during such time as they may require;

(d)if required by the [district council], cause the same to be
sufficiently lighted during the night;

(e)remove the same when required by the [district council].

(2) Every person who fails to comply with any of the provisions of
this section shall be liable to a penalty not exceeding [#100] and
to a daily penalty not exceeding [#2].

(3) Where this part of this Act is adopted the eightieth section
of the Towns Improvement Clauses Act, 1847, shall be repealed, and
this section shall be deemed to be substituted therefor.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 35
As to repair of cellars under streets.

35.(1) All vaults, arches, and cellars under any street, and all
openings into such vaults, arches, or cellars in the surface of any
street, and all cellar-heads, gratings, lights, and coal holes in
the surface of any street, and all landings, flags, or stones of
the path or street supporting the same respectively, shall be kept
in good condition and repair by the owners or occupiers of the
same, or of the houses or buildings to which the same respectively
belong.

(2) Where any default is made in complying with the provisions of
this section, the [Department of the Environment] may, after
twenty-four hours' notice in that behalf, cause anything in respect
of which such default is made to be repaired or put into good
condition, and the expenses of so doing shall be paid to the
[Department of the Environment] by such owner or occupier
respectively, or in default may be recovered in a summary manner.

S.36 rep. by 1972 NI 19 art.16(2) sch.4

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 37
Safety of platforms, &c. erected or used on public occasions.

37.(1) Whenever large numbers of persons are likely to assemble on
the occasion of any show, entertainment, public procession, open-air
meeting, or other like occasion, every roof of a building, and
every platform, balcony, or other structure or part thereof let or
used or intended to be let or used for the purpose of affording
sitting or standing accommodation for a number of persons, shall be
safely constructed or secured to the satisfaction of the [district
council].

(2) Any person who uses or allows to be used in contravention of
this section, any roof of a building, platform, balcony, or
structure not so safely constructed or secured, or who neglects to
comply with the provisions of this section in respect thereof, shall
be liable to a penalty not exceeding fifty pounds.

S.38 rep. by 1978 NI 19 art.87(2) sch.7

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 39
Refuges, &c. in streets.

39. [The Department of the Environment] may from time to time
place, maintain, alter, and remove in any street, being a highway
repairable by the inhabitants at large, such raised paving or places
of refuge, with such pillars, rails, or other fences, either
permanent or temporary, as they may think fit, for the purpose of
protecting passengers and traffic, either along the street or on the
footways, from injury, danger, or annoyance, or for the purpose of
making the crossing of any street less dangerous to passengers.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 40
Cabmen's shelters.

40.(1) [A district council] may from time to time provide, [subject
to the approval of the [Department of the Environment] as road
authority and] maintain, and remove in or near any street in their
district suitable erections for the use, convenience, and shelter of
drivers of hackney carriages, and such other persons as the
[district council] may permit to use the same.

(2) The [district council] may from time to time make regulations
for prescribing the terms and conditions and the fees (if any) to
be charged for the use of such places of shelter, and may make
byelaws for regulating the conduct of persons using the same.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 42
Statues and monuments.

42. Any [district council] may from time to time authorise the
erection in any street or public place within their district [,
subject in the case of any street to the approval of the
[Department of the Environment] as road authority] of any statue or
monument, and may maintain the same, and any statue or monument
erected within their district before the adoption of this part of
this Act, and may remove any statue or monument the erection of
which has been authorised by them.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 43
Trees in roads.

43. [The Department of the Environment] may, if they see fit, cause
trees to be planted in any highway..., and may erect guards or
fences for the protection of the same, provided that this power
shall not be exercised nor shall any trees so planted be continued
so as to hinder the reasonable use of the highway by the public
or any person entitled to use the same, or so as to become a
nuisance or injurious to any adjacent owner or occupier.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 44
Parks and pleasure grounds.

44.(1) [A district council] may on such days as they think fit
(not exceeding twelve days in any one year, nor four consecutive
days on any one occasion) close to the public any park or pleasure
ground provided by them or any part thereof, and may grant the use
of the same, either gratuitously or for payment, to any public
charity or institution, or for any agricultural, horticultural, or
other show, or any other public purpose, or may use the same for
any such show or purpose; and the admission to the said park or
pleasure ground, or such part thereof, on the days when the same
shall be so closed to the public may be either with or without
payment, as directed by the [district council], or, with the consent
of the [district council], by the society or persons to whom the
use of the park or pleasure ground, or such part thereof, may be
granted: Provided that no such park or pleasure ground shall be
closed on any Sunday or public holiday.

(2) [A district council] may either themselves provide and let for
hire, or may license any person to let for hire, any pleasure
boats on any lake or piece of water in any such park or pleasure
ground, and may make byelaws for regulating the numbering and naming
of such boats, the number of persons to be carried therein, the
boathouses and mooring places for the same, and for fixing rates of
hire and the qualifications of boatmen, and for securing their good
and orderly conduct while in charge of any boat.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 46
Extension of 1878 c.52 s.102.

46. Section one hundred and two of the Public Health (Ireland) Act,
1878 shall be extended so as to enable any [district council] to
pay the reasonable cost of the repairing, maintaining, winding up,
and lighting any public clock within their district although the
same be not vested in them.

PUBLIC HEALTH ACTS AMENDMENT ACT 1890 - SECT 47
Restriction on throwing cinders, &c. into streams.

47.(1) It shall not be lawful for any person to throw or place or
suffer to be thrown or placed into or in any river, stream, or
watercourse within any district in which this part of this Act is
adopted, any cinders, ashes, bricks, stone, rubbish, dust, filth, or
other matter which is likely to cause annoyance.

(2) Every person offending against this enactment shall be liable to
a penalty not exceeding [#2] for every such offence.

S.48 rep. by 1972 c.9 (NI) s.149 sch.9. S.49 rep. by 1972 NI 16
art.63(3) sch.19 Pt.I. S.50 rep. by 1972 c.9 (NI) s.149 sch.9; 1972
NI 16 art. 63(3) sch. 19 Pt.I; SRO (NI) 1973/285

Part IV (s.51) rep. by 1934 c.22 (NI) s.46 sch.3

Part V (s.52) rep. by 1972 c.9 (NI) s.149 sch.9