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Part VIE+W General

74 Interpretation.E+W

In this Act, unless the context otherwise requires—

authorised officer”, in relation to a local authority, means—

(a)an officer of the authority authorised by them in writing, either generally or specially, to act in matters of a specified kind or in a specified matter, or

(b)by virtue of his appointment and for the purpose of matters within his province, a proper officer of the authority, appointed for purposes corresponding to any of those of the former medical officers of health, surveyors and sanitary inspectors;

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[F2district” means—

(a)in relation to a local authority in Greater London, a London borough, the City of London, the Inner Temple or the Middle Temple,

(b)in relation to a local authority in England for an area for which there is no district council, that area,

(c)in relation to a local authority in Wales, a county or county borough,

(d)in relation to the Council of the Isles of Scilly, those Isles;]

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functions” includes powers and duties;

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local authority” has the meaning given by [F3section 1(1)] above;

London port health authority” and “London port health district” have the meanings given by section 7 above;

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officer” includes servant;

owner” means the person for the time being receiving the rackrent of the premises in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would so receive the rackrent if those premises were let at a rackrent;

port” has the meaning given by section 2(1) above;

Port of London” has the meaning given by section 6 above;

[F4premises” includes any place and, in particular, includes—

(a)any vehicle, train, vessel or aircraft,

(b)any tent or movable structure, and

(c)any offshore installation (as defined in section 12(1) of the Mineral Workings (Offshore Installations) Act 1971);]

proper officer” means, in relation to a purpose and to an authority, an officer appointer for that purpose by that authority;

[F5public authority” has the meaning given in section 6(3) of the Human Rights Act 1998;]

rackrent” in relation to any property means a rent which is not less than two–thirds of the rent at which the property might reasonably be expected to let from year to year, free from all usual tenant’s rates and taxes, and deducting from it the probable average annual cost of the repairs, insurance and other expenses (if any) necessary to maintain the property in a state to command such a rent;

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[F5relevant health protection authority” means—

(a)a local authority, port health authority or joint board with functions under a relevant provision of this Act, and

(b)if regulations under Part 2A confer functions on a public authority of any other description and state that the authority is to be regarded as a relevant health protection authority with respect to those functions, that authority;]

relevant provision of this Act” means a provision of this Act [F6(including a provision in regulations made under this Act)] other than section 46;

riparian authority” has the meaning given by section 2(2) above;

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vessel” has the same meaning as [F8“ship” in the Merchant Shipping Act 1995] except that it includes a hovercraft within the meaning of the M1 Hovercraft Act 1968, and “master” shall be construed accordingly.

Textual Amendments

F1Definitions of "coastal waters", "common lodging-house", "dustbin", "factory", "hospital", "house", "inland waters", "local Act", "NHS trust" and "NHS contract", "notifiable disease" "rating district", "school" and "street" in s. 74 repealed (6.4.2010 for E., 26.7.2010 for W.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 29(7), Sch. 15 Pt. 3; S.I. 2010/708, art. 6(e)(f) (with Sch. 2); S.I. 2010/1547, art. 2(e)(f) (with Sch. 1)

F2Definition of "district" in s. 74 substituted (6.4.2010 for E., 26.7.2010 for W.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 29(2); S.I. 2010/708, art. 6(e) (with Sch. 2); S.I. 2010/1547, art. 2(e) (with Sch. 1)

F3 S. 74: words in the definition of "local authority" substituted (6.4.2010 for E., 26.7.2010 for W.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 29(3); S.I. 2010/708, art. 6(e) (with Sch. 2); S.I. 2010/1547, art. 2(e) (with Sch. 1)

F4Definition of "premises" in s. 74 substituted (6.4.2010 for E., 26.7.2010 for W.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 29(4); S.I. 2010/708, art. 6(e) (with Sch. 2); S.I. 2010/1547, art. 2(e) (with Sch. 1)

F5Definitions of "public authority" and "relevant health protection authority" in s. 74 inserted (6.4.2010 for E., 26.7.2010 for W.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 29(6); S.I. 2010/708, art. 6(e) (with Sch. 2); S.I. 2010/1547, art. 2(e) (with Sch. 1)

F6 S. 74: words in the definition of "relevant provision of this Act" inserted (6.4.2010 for E., 26.7.2010 for W.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 29(5); S.I. 2010/708, art. 6(e) (with Sch. 2); S.I. 2010/1547, art. 2(e) (with Sch. 1)

F7Definition of "standard scale" in s. 74 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV

F8S. 74: words in the definition of “vessel” substituted (1.1.1996) by 1995 c. 21, ss. 314(2), 316(2), Sch. 13 para. 69(b) (with s. 312(1))

Marginal Citations