Clause 21

HC Deb 03 February 1982 vol 17 cc474-5

STATUTORY NUISANCES

Mr. Macfarlane

I beg to move amendment No. 44, in page 20, line 40, leave out "prejudicial to' and insert '"injurious, or likely to cause injury, to the public'.

Mr. Deputy Speaker

With this it will be convenient to take Government amendment No. 45.

Mr. Macfarlane

These are small technical amendments designed to avoid a potential conflict between the Public Health Act 1936 as amended by the clause and the Health and Safety at Work Act etc. 1974.

As originally drafted, the term "prejudicial to" health could have allowed the use of the statutory nuisance provisions to deal with the health of workers in relation to activities at their work place. That is dealt with fully by section 2 of the Health and Safety at Work etc. Act 1974. We merely wish to avoid any possible duplication of controls. The amendment therefore changes the term "prejudicial" to health to injurious, or likely to cause injury, to the public. It makes it clear that the statutory nuisance powers are to be used to protect the public at large and avoids the possible duplication of powers.

Amendment agreed to.

Amendment made:

No. 45, in page 21, line 4, leave out —prejudicial to' and insert 'injurious, or likely to cause injury, to the public'.—[Mr. Macfarlane.]