HOUSING OF THE WORKING CLASSES ACT 1885 - SECT 9 Tents and vans used for human habitation.

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HOUSING OF THE WORKING CLASSES ACT 1885 - SECT 9

Tents and vans used for human habitation.

9.[(1) A tent, van, shed or similar structure used for human habitation,

(a)which is in such a state as to be a nuisance or [prejudicial] to health; or

(b)which is so overcrowded as to be [prejudicial] to the health of the
inmates, whether or not members of the same family; or

(c)the use of which, by reason of the absence of proper sanitary accommodation
or otherwise, gives rise, whether on the site or on other land, to a nuisance
or to conditions [prejudicial] to health;

(2) A [district council] may make byelaws for promoting cleanliness in, and
the habitable condition of tents, vans, sheds, and similar structures used for
human habitation..., and generally for the prevention of nuisances in
connexion with the same.

(3) Where [a district council or] any person duly authorized by... a justice
of the peace has reasonable cause to suppose either that there is any
contravention of the provisions of this Act or any byelaw made under this Act
in any tent, van, shed, or similar structure used for human habitation,...,
[the council may, or that person], on producing (if demanded)... some...
sufficient evidence of his being authorized as aforesaid, [may] enter by day
such tent, van, shed, or structure, and examine the same and every part
thereof in order to ascertain whether in such tent, van, shed, or structure
there is any contravention of any such byelaw....

(4) For the purposes of this section "day" means the period between six
o'clock in the morning and the succeeding nine o'clock in the evening.

(5) If such person [or district council] is obstructed in the performance of
his [or their] duty under this section, the person so obstructing shall be
liable, on summary conviction, to a fine not exceeding [#20].

(7) Nothing in this section shall apply to any tent, van, shed, or structure
erected or used by any portion of Her Majesty's military or naval forces.

[(8) A district council may arrange for the discharge of any of their
functions under this section by any of their officers.]

S.10 rep. by SRO (NI) 1973/285. Ss.1115 rep. by 1890 c.70 s.102 sch.7

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Northern Irish Legislation

HOUSING OF THE WORKING CLASSES ACT 1885 - SECT 9