THE POWERS OF THE BOARD.

Stratford Evening Post, Volume XXXII, Issue 59, 5 March 1912, Page 5

THE POWERS OF THE BOARD.

WHO IS THE HEALTH AUTHORITY ? LEGAL OPINION. j For a long time past the local I bodies, including the Wlianganiomomi County Council, the Stratford County Council, the Stratford Borough Council, and the Stratford Hospital and Charitable Aid. Board, have been in doubt as to their powers in respect to sanitary inspection. 'Hie following letter from the medical secretary (Dr. .J. P. Frengley) who wrote to the Hospital Board as follows, settles this question from’the legal aspect:— “The opinions obtained from tho Crown Law. Officer enable mo to put the position before the Board as follows:—lnfectious Diseases: Section 5 of the Hospitals and Charitable Institutions Amendment Act, 1910, makes the Stratford Hospital Board tho only local authority throughout its district responsible for the prevention of infectious diseases. Appointment of Officer: Your Board may (a) contribute to the salary of an inspector appointed under the Public Health Act, or. (b) under section 33 of the Hospitals and Charitable Institutions Act, 1909, appoint a servant to assist in the- execution of the Act. The Board, however, has no power to appoint such servant or inspector under the Public Health Act, as this can only be done by tho Governor. The former course is that already adopted by your Board. Administration of Public Healtli Act: Any local authority in your Board’s district in this regard may do either of two things: (a) Take advantage of section 83 of the Hospitals and Charitable Institutions Act, or (b) Take advantage of section 9-1 of the Public Health Act, 1908. (a) Any local authority may combine with another local authority and delegate such powers to the Hospital Board as the combined bodies “consent” to under the provision of section 83 of the Hospitals and Charitable Institutions Act, 1909—tho amount for which any such local authority is liable being a mater for mutual agreement with the Hospital Board. Having in viewy the facts that in country districts the need for sanitary attention must necessarily bo Jess than in towns, and that tho contribution by way of levy of county councils is already very considerable, my Department recommends—as it lias to other boards—that your Board should agree to a nominal amount, say, £1 Is, for the giving of tho services of your officer to county councils under the provisions of this section. It is not anticipated that the Stratford Borough Council will be ready to delegate any of its powers under tho Public Health Act to your Board, but it may be that it may elect to accept the alternative (b) Any local authority may, instead of appointing its owav sanitary inspector,- desire to make use of the services; of the Board’s officer, and yet retain to itsol fcontrol officer and yet retain to itself control of such officer while' he is carrying out the duties for which thatjoeal' author? .ityj seekjs; liisj Service's;: This 'has been found‘a good practice, in the smaller borolighs, wliicm. ciyindt. a fiord'to pay tile l whole-s'alary of- ’aJ Veil qualified inspector of nuisances, or where-the w°rk to be tjnn.e ; coukl not-occupy the whole time of such' an officer. It may he; then, that the Stratford Borough Council would be willing to pay, say, £2O per annum to your oßard for such £2O per annum to your Board for such .able, in respect, to any sum received for this purpose. In this event it must bo clearly understood that, beyond lending the officer, your Board would have no concern in the adminjst,ration,,of,ithe li: S,tra.tfpvd' , Borough sanitary affairs ; nor to,:me dpes. rb. Seem desirable' that’it should be other- \ Wise- where “the ' Municip'al'' Corporations,.Act is in force in addition to the Public, Health Act. Scope, of. Board’s rowers, Direct or Through Inspector: Should tile Ibfcal authorities in your district decline to a'ccept either procedure (a) or (b), your Board will, have .no, concern with sanitary matters in your district. .Should nuisances or other sanitary defects be noted by your inspector in his infectious diseases work, it would remain only for your Board to forward his recommendation or requisition to the local authority concerned, and leave it to see that such work was carried out nor. would it be tho duty of your Board to either make or see to the enforcement of by-laws in regard to sanitation On the other hand if the Stratford and Whangamomona Counties “consent” to delegate their powers to your Board (procedure a), then all sanitary work specified in the section delegated must be effected by your Board, and it becomes the duty of jour Board to make and enforce by-laws under the Public Health Act. r Hither, any by-laws which may have been made by the contributing local author]ties prior to the issuing of the Ui clor-in-Couucil cease ho bo operafive.

If the Stratford Borough Council agree to pay for the services of your officer (procedure h), your Board lends the officer and he is dealt with direct by the Borough Council, as if he were its own officer as regards the administration of sanitary matters, and the tiorough by-laws concerned therewith.”

At the meeting of the Board this moining it was moved that the mater bo held over in the meantime, and that the contributing bodies have the matter brought under their notice.