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of summary jurisdiction may on his application allow, the local authority may pull down or remove the work in question, or effect such alterations therein and additions thereto and execute such additional work in connection therewith as they deem necessary, and may recover from him the expenses reasonably incurred by them in so doing:
Provided that where a notice under subsection (1) or (2) above is given to two or more persons in pursuance of subsection (2A) above, then—
- (a) if they are given the notices on different dates, the said period of twenty-eight days shall for each of them run from the later or latest of those dates; and
- (b) if the notice is not complied with before the expiration of the said period or such longer period as a court of summary jurisdiction may on the application of any of them allow, any expenses recoverable as aforesaid may be recovered from any of them.
(4) No such notice as is mentioned in subsection (1), (2) or (2A) of this section shall be given after the expiration of twelve months from the date of the completion of the work in question, and, in any case where plans were deposited, it shall not be open to the authority to give such a notice on the ground that the work contravenes any building regulation or, as the case may be, does not comply with their requirements under any such section of this Act as aforesaid, if either the plans were passed by the authority, or notice of their rejection was not given within the prescribed period from the deposit thereof, and if the work has been executed in accordance with the plans and of any requirement made by the local authority as a condition of passing the plans:
Provided that, in a case where plans were deposited, nothing in this subsection shall be taken to prevent such a notice from being given (before the expiration of twelve months from the completion of the work in question) in respect of anything of which particulars were not required to be shown in the plans.
(5) Nothing in this section shall affect the right of a local authority, or of the Attorney-General, or any other person, to apply for an injunction for the removal or alteration of any work on the ground that it contravenes any regulation or any enactment in this Act, but if the work is one in respect of which plans were deposited and the plans were passed by the local authority, or notice of their rejection was not given within the prescribed period after the deposit thereof, and if the work has been executed in accordance with the plans, the court on granting an injunction shall have power to order the local authority to pay to the owner of the work such compensation as the court thinks just, but before making any such order the court shall in accordance with rules of court cause the local authority, if not a party to the proceedings, to be joined as a party thereto.
1961 c. 64.The Public Health Act 1961
4. (1) . . . . . . . . . . . .
