Health Act 1956

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44 Issue of closing order by Medical Officer of Health
  • (1) Where a local authority fails to issue a repair notice or a closing order when required or directed to do so under section 42 of this Act, the Medical Officer of Health, when authorised to do so by the Director-General, may issue a repair notice or, as the case may require, a closing order, which shall be served in the same manner and shall have the same effect, and, in the case of a closing order, shall be subject to appeal in the same manner, as if it were a repair notice or a closing order issued by the local authority, and the provisions of this Act relating thereto, so far as they are applicable and with the necessary modifications, shall apply accordingly.

    (2) All costs incurred by or against the Medical Officer of Health on any appeal under this section shall be recoverable from the local authority as a debt due to the Crown or may be deducted from any money payable by the Crown to the local authority.

    Subsection (2) was amended, as from 1 April 1984, by section 98 Area Health Boards Act 1983 (1983 No 134) by inserting the words or (as the case may require) the area health board.

    Subsection (2) was substituted, as from 1 July 1993, by section 15 Health Amendment Act 1993 (1993 No 24).