§ 35. Sir F. Medlicott
asked the Minister of Housing and Local Government and Minister for Welsh Affairs if his attention has been drawn to the uncertainty over the interpretation of subsection (2) of Section 73 of the Public Health Act, 1936, as a result of which many retail shopkeepers are charged for the collection of refuse although no manufacturing process is carried on upon their premises; and if he will introduce amending legislation to clarify the position.
§ Mr. Bevins
I agree that the interpretation of the term "trade refuse" in Section 73 of the Public Health Act, 1936, sometimes causes difficulty. The Section provides, however, that any question which arises may be determined by a court of summary jurisdiction. In view of this and of the considerable body of case law on the subject, my right hon. Friend does not think that amending legislation is called for.
I am advised that there is no authority for the view that charges may be made only for the collection of refuse resulting from manufacturing processes.
§ Sir F. Medlicott
Is my right hon. Friend prepared to take the view that a circular to local authorities might help to clear up some misunderstandings?
§ Mr. Bevins
No, Sir. I think that the obligation which rests upon local authorities under this Statute is fairly clear. If any shopkeeper or manufacturer feels aggrieved, he has his remedy in the courts.