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PUBLIC HEALTH ACT 1925

UK Public General Acts

Version 01/04/2015

1925 CHAPTER 71 15 and 16 Geo 5

Default Geographical Extent: E+W


  • Part I. Preliminary
  • Part II. Streets and Buildings
    • Street Bins, Drinking Fountains, Fire Alarms, &c.
    • Naming of Streets
    • Obstructions, &c. to Persons using Streets
  • Parts III-V
  • Part VI. Recreation Grounds
  • Part VII
  • Part VIII. Miscellaneous
  • Part IX
  • Version 01/04/2015
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  • Version 24/03/2009
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  • Version 29/12/2003
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  • Version 25/07/2003
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  • Version 05/11/1993
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  • Version 01/02/1991

Introductory Text

Public Health Act 1925

1925 CHAPTER 71 15 and 16 Geo 5

An Act to amend the Public Health Acts 1875 to 1907, and the Baths and Washhouses Acts 1846 to 1899, in respect of matters for which provision is commonly made in local Acts and for other purposes relating to the public health.

[7th August 1925]

Annotations:

Modifications etc. (not altering text)

C1 Act extended and amended (Greater London) by London Government Act 1963 (c. 33), s. 40, Sch. 11 Pt. I paras. 1, 2; extended by Local Government Act 1972 (c. 70), Sch. 14 Pt. II paras. 23, 24; amended by Local Government Act 1972 (c. 70), s. 180

C2 Power to transfer certain functions conferred by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 7(4)(a)

C3 Act extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(i), Sch. 8 para. 33

C4 Act amended by Water Act 1989 (c. 15, SIF 130), s. 190(1), Sch. 25 para. 1(2) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193, Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

Act amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(i); S.I. 1996/218, art. 2

Commencement Information

I1 Act wholly in force at 7.9.1925, see s. 1(5)


Part I
Preliminary



1 Short title, construction and commencement.

(1) This Act may be cited as the Public Health Act 1925.

(2) Parts [F1 I, II, VI and VIII] of this Act and the Public Health Acts 1875 to 1907, may be cited together as the Public Health Acts 1875 to 1925 . . . F2

(3) Parts [F1 I, II, VI and VIII] of this Act shall be construed as one with the Public Health Acts 1875 to 1907 . . . F2

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Annotations:

Amendments (Textual)

F1 Words substituted by virtue of Public Health Act 1936 (c. 49), s. 346, Sch. 3 Pt. IV

F2 Words repealed by Public Health Act 1936 (c. 49), s. 346, Sch. 3 Pt. IV

F3 Ss. 1(4), 2(2) repealed by Local Government Act 1972 (c. 70), Sch. 30

F4 S. 1(5) repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. IV


2 Extent of Act.

(1) This Act shall not apply to Scotland or Northern Ireland, . . . F5

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 Part IX. of this Act shall extend to England and Wales inclusive of the administrative county of London.

Annotations:

Amendments (Textual)

F5 Words repealed by Public Health (London) Act 1936 (c. 50), Sch. 7 and London Government Act 1963 (c. 33), Sch. 18 Pt. II

F6 Ss. 1(4), 2(2) repealed by Local Government Act 1972 (c. 70), Sch. 30

F7 S. 2(3) repealed by Public Health Act 1961 (c. 64), Sch. 5 Pt. II

F8 S. 2(4): any reference in s.2 to Pt.IX of the Act is repealed(E.W.,save the repeal did not extend to the administrative county of London) by Public Health Act 1936 (c. 49, SIF 100:1), ss. 346, 347, Sch. 3 Pt. IV. The text of s.2(4) except as specified, is in the form in which it was originally enacted: it was reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Modifications etc. (not altering text)

C5 The text of s. 2(4) which is spent,so far as not repealed,is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not, reflect any amendments or repeals which may have been made prior to 1.2.1991.


3—5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Annotations:

Amendments (Textual)

F9 Ss. 3—5 repealed by Local Government Act 1972 (c. 70), Sch. 30


6 Amendment or adaptation of local Acts, &c.

[F10 The Secretary of State] may, by order made on the application of any local authority, make such amendments or adaptations of any local Act as may appear to him to be necessary for the purpose of bringing the provisions of that Act into conformity with the provisions of this Act, F11 . . ..

Annotations:

Amendments (Textual)

F10 Words substituted by virtue of S.I. 1951/142 (1951 I, p. 1348), arts. 3, 5(2), Sch. Pt. I, 1951/1900 (1951 I, p. 1347), art. 1, (W.) 1965/319, arts. 2, 10(1), Sch. 1 Pt. I and 1970/1681, arts. 2(1), 6(3)

F11 Words in s. 6 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.X

Modifications etc. (not altering text)

C6 S. 6 amended by New Towns Act 1981 (c. 64, SIF 123:3), s. 33

S. 6: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1


7 Application of certain provisions of Part I. of 7 Edw. VII. c. 53, and interpretation.

F12 (1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In this Act the expression “local Act” includes an Act for the confirmation of a provisional order and the order thereby confirmed.

(3) In this Act the expression “statutory undertakers” means any person authorised by Parliament to construct, work, or carry on any railway, canal, inland navigation, dock, harbour, tramway, . . . F13 . . . F14 , . . . F15 or other public undertaking.

Annotations:

Amendments (Textual)

F12 S. 7(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. X

F13 Word repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I

F14 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

F15 Word repealed by Water Act 1989 (c. 15, SIF 130), s. 190(3), Sch. 27 Pt. I (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58)


8 Appeals to petty sessional court.

Where any enactment in this Act provides for an appeal to a petty sessional court against a notice, determination, requirement, order or intended order of a local authority under this Act—

(1) Notice in writing of the appeal and of the grounds thereof shall be given by the appellant to the [F16 proper officer of the authority]

(2) The court may make such order in the matter as they consider reasonable, and may award costs to be recoverable as a civil debt;

(3) No proceeding shall be taken by the local authority, or work executed, until after the determination or abandonment of the appeal;

(4) Notice of the right of appeal shall be endorsed on the order of the local authority and on any notice communicating their determination, requirement or intended order.

Annotations:

Amendments (Textual)

F16 Words substituted by virtue of Local Government Act 1972 (c. 70), Sch. 29 Pt. I para. 4(1)(a)


9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

Annotations:

Amendments (Textual)

F17 Ss. 9, 11, 12 repealed by Public Health Act 1936 (c. 49), s. 346, Sch. 3, Pt. IV


F18 10 Crown rights.

Without prejudice to the generality of the provisions of section twelve of the M1 Public Health Acts Amendment Act 1907, nothing in this Act shall affect . . . F19 any [F20 [F18 electronic communications apparatus kept installed for the purposes of an electronic communications code network] or the execution for those purposes of any works] . . ..

Annotations:

Amendments (Textual)

F18 Words in s. 10 substituted (25.7.2003 for specified purposes, 29.12.2003 in so far as not already in force) by Communications Act 2003 (c. 21), s. 411(2), Sch. 17 para. 4 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Schs. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3)); S.I. 2003/3142, art. 3(2) (with art. 11)

F19 Words repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

F20 Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 18, Sch. 5 para. 45

Marginal Citations

M1 1907 c. 53.


11, 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Annotations:

Amendments (Textual)

F21 Ss. 9, 11, 12 repealed by Public Health Act 1936 (c. 49), s. 346, Sch. 3, Pt. IV


Part II
Streets and Buildings



Street Bins, Drinking Fountains, Fire Alarms, &c.


13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Annotations:

Amendments (Textual)

F22 S. 13 repealed by Highways Act 1959 (c. 25), Sch. 25


14 Public drinking fountains, seats, &c. in streets.

The local authority and any person with their consent and subject to such conditions as they may impose may, in proper and convenient situations in any street or public place, erect and maintain seats and drinking fountains for the use of the public and troughs for watering horses or cattle.

Annotations:

Modifications etc. (not altering text)

C7 S. 14 amended by Trunk Roads Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 5), s. 3(2), Sch. 3 Pt. III and Local Government Act 1972 (c. 70), Sch. 14 Pt. II para. 28: modified by S.I. 1973/686, art. 3(1), Sch. 3

C8 S. 14: functions of the Secretary of State for Transport as highway authority made exercisable by, or by employees of, such person (if any) as may be authorised in that behalf by the Secretary of State for Transport (25.7.1995) by S.I. 1995/1986, art. 2, Sch. 3 para. 2

S. 14: functions of a local highway authority made exercisable by, or by employees of, such person as may be authorised in that behalf by the local highway authority whose function it is (23.7.1999) by S.I. 1999/2106, art. 2, Sch. 3 para. 2

C9 S. 14: functions made exercisable as specified (24.3.2009) by The Contracting Out (Highway Functions) Order 2009 (S.I. 2009/721), arts. 1, 3, Sch. 3 para. 2

C10 S. 14: functions made exercisable as specified (E.) (1.4.2015) by The Delegation of Functions (Strategic Highways Companies) (England) Regulations 2015 (S.I. 2015/378), regs. 1(1), 3, Sch. 3 para. 2