Q&As

A section 83 of the Public Health Act 1936 (PHA 1936) notice is to be served in relation to verminous premises. PHA 1936 does not stipulate what period of days should be allowed for the owner/occupier to take the steps stipulated in the notice. What are the rules governing the period of time that the notice should provide? Should it just be 'reasonable'?

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Published on LexisPSL on 10/02/2021

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • A section 83 of the Public Health Act 1936 (PHA 1936) notice is to be served in relation to verminous premises. PHA 1936 does not stipulate what period of days should be allowed for the owner/occupier to take the steps stipulated in the notice. What are the rules governing the period of time that the notice should provide? Should it just be 'reasonable'?

A section 83 of the Public Health Act 1936 (PHA 1936) notice is to be served in relation to verminous premises. PHA 1936 does not stipulate what period of days should be allowed for the owner/occupier to take the steps stipulated in the notice. What are the rules governing the period of time that the notice should provide? Should it just be 'reasonable'?

Section 83 of the Public Health Act 1936 (PHA 1936) provides that where a local authority (upon consideration of a report from any of its officers or other information in its possession), is satisfied that any premises are in such a filthy or unwholesome condition as to be prejudicial to health or are verminous, the local authority must give notice to the owner/occupier of the premises requiring them to take such steps as may be specified in the notice to remedy the condition of the premises by cleansing and disinfecting them. PHA 1936, s 83(1A) also provides that the notice may require among other things for the removal of wallpaper or other covering of the walls, or, in the case of verminous premises, the taking of such steps as may be necessary for destroying or removing vermin.

When a person on whom a notice is served fails to comply with the requirements

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