Local Authority Health & Safety Enforcement
Author: Christopher N. Penn
Publishers: Shaw and Sons Limited
Publication Date: January 2005
Up to now there has been no single publication drawing together the main health and safety legislation and enforcement methods available to local authorities.† This new book seeks to fill that gap.† It is a practical guide for health and safety practitioners in local government that deals with the main elements of enforcement they are likely to encounter.
The book starts by providing details of common law decisions which influence the courts in criminal proceedings under health and safety legislation.† It describes the roles of the various health and safety enforcement bodies and explains in detail the duties and powers of those with regulatory responsibilities.
Chapters on enforcement and prosecution contain a wealth of practical advice on the procedures and practicalities of preparing for, and taking, action to deal with breaches of health and safety law.† There is considerable reference to recognised advisory circulars, decisions of Employment Tribunals, and decisions of the courts in proceedings taken under the Health and Safety at Work etc Act 1974 and related legislation.† The impact on enforcement of the Human Rights Act 1998 and the Regulation of Investigatory Powers Act 2000 is also included.
The chapter on accidents is aimed at those who have to prepare for, investigate, and then subsequently decide on appropriate action.† It deals in some detail with the causes and investigation of accidents and the practical side of risk assessment and hazard analysis.
Many local authorities struggle to secure adequate resources to carry out their health and safety functions.† A chapter dealing with planning for the implementation of the regulatory role provides information on the mandatory requirements, training, health and safety auditing, and provides many examples of good practice.
Comprehensive tables of cases, statutes and a useful bibliography complete this valuable guide.
Sets out the law as it relates to the duties and responsibilities of local authorities in enforcing health and safety requirements
An array of case law references is included to demonstrate the courts' and employment tribunals' attitude to offences
Gives examples of good and not so good enforcement practices
About the Author, Christopher N. Penn
Chris Penn spent 35 years in Local Government as an Environmental Health Officer, including 20 years in Senior Management posts.† He has written many articles on health and safety/environmental pollution issues.† For three years he was the Local Government correspondent to a leading health and safety publication.
He has presented many papers at a variety of conferences and seminars on environmental health matters in the United Kingdom and has been a regular lecturer on training courses related to health and safety/environmental pollution matters.More Details on the Shaw & Sons Website
Animal Law 3rd Edition 2001
This third edition has continued the ethos of Godfrey Sandys-≠Winch in presenting in a reasonably compact and comprehensive form the many facets of the law affecting those who have any sort of dealing with animals, whether their own or other people's.
The references to cases and legislation in the footnotes of this edition have increased in volume to assist the legal practitioner, local government officers, police, non-government organisations and others who may wish to refer to case law, Acts of Parliament, Statutory Instruments and departmental guidance. Similarly, where appropriate, in the age of the World Wide Web, Internet sites have been included to assist readers to obtain further information.
Since the second edition in 1984, there have been important legislative changes, especially directives and regulations generated from Britain's membership of the European Union. When the first edition of this book was published in 1978, the author commented that "there are roughly 1,000 pages of statute and regulations on diseases of animals alone". Over the last seventeen years, a huge body of secondary legislation has been made to implement legislation emanating from Brussels, which far outstrips that relating to diseases of animals. To continue the philosophy behind the first and second editions, I have restricted the coverage but wherever possible directed the reader to further sources of information.
Some of the most significant changes have involved the transportation of agricultural animals, both within the United Kingdom and between Member States. This has necessitated a move away from an epidemiological analysis of transport legislation to a more general statement of the principle requirements effecting the movement of animals. Likewise, European legislation has introduced additional restrictions on the licensing and movement of endangered species, in addition to the prohibition laid down in CITES.
As for domestic animals, the Dangerous Dogs Act 1991 introduced a penal system for dealing with the ownership of certain types of dogs; the Dogs (Fouling of Land) Act 1996 allows local authorities to designate land on which dog fouling may be controlled; whilst the Environmental Protection Act 1990 gives powers to local authorities to deal with those keeping any animals in such a position or in such circumstances as to cause a substantial discomfort or annoyance to the public in general. For the traveller wishing to take his pet abroad, or bring his pet into this country, the most significant change has been the relaxation of the quarantine laws. Domestic cats and dogs may be freely transported to Britain from certain countries under the Pet Travel Scheme, which is dealt with comprehensively in Chapter 3.
The legislation concerning diseases has been modified to reflect the further integration of the European Union. Despite the fact that foot and mouth disease has been in the headlines since February of this year, I have not dwelt on the statutory instruments that have been generated almost on a daily basis, mainly because they have been relatively minor modifications to the Animal Health Act 1981, but more significantly because they have, on the whole, been concerned with preventing the movement of animals within certain areas of the country and do not add significantly to the underlying principles laid down in the Act.
There is no longer a specific chapter on farm animals, although there are references throughout the book to relevant law. My reasoning has been that there is an enormous amount of guidance, advice and links to legislation on the DEFRA website and a book of this size could not accommodate a detailed overview of the current law. Likewise, there is no longer a chapter on byelaws relating to animals because many such byelaws either are geographically localised or have been superseded by secondary legislation.
New chapters have been introduced on horses and animal experimentation. The remaining chapters have been rewritten to take into account the many statutory instruments that have been passed, modifying primary legislation.
In June of this year, the overarching Department for Environment, Food and Rural Affairs (DEFRA) was created. The effect has been that matters previously dealt with by the Home Office (such as animal experimentation) and by the Department for Environment, Transport and the Regions (such as wildlife conservation), and the Ministry for Agriculture, Fisheries and Foods are now dealt with by DEFRA. Whilst much of the legislation necessary for the transfer of powers has not yet been passed, this book has pre≠empted such transfer and responsibilities; for example with respect to agriculture, where references are made to DEFRA but, technically, the current Minister responsible for the Department is also the Minister for Agriculture during this transitional period.
With the advent of devolution, where appropriate I have highlighted in the footnotes those powers that have been transferred to the National Assembly of Wales.
I would like to thank those persons who have helped me in the preparation of this book, namely Wendy Coombey for scanning the second edition into an electronic format, Crispin Williams of Shaw & Sons for his unstinting patience in receiving the final draft, and to Rachel for putting up with me and a cottage that I promised would be renovated last year, but has yet to be.
Finally, should the reader have any comments or observations, please submit them to the publishers or via my email address.
The law is stated as at 1st August 2001.
Julian Palmer is a solicitor specialising in animal law. He previously practised in Herefordshire and is now a Senior Lecturer Agricultural Law and Animal Law, both at University and to a number of professional training agencies. He is also involved, with a number of national and international agricultural companies and is a director of the British Deer Society, a national charity promoting welfare and research into deer.More Details on the Shaw & Sons Website
Law of Sewers & Drains
Edition: 9th 2004
Author: S H Bailey (Professor Garner's role is acknowledged by the incorporation of his name into the title of this and future editions.)
ISBN: 0 7219 0584 8
Publishers: Shaw & Sons
For over half a century, this renowned work has been a vital reference source for all those who have occasion to deal with this complex subject.
This text continues to provide clear, accurate and up-to-date information that will, in the words of the preface to the first edition in 1950, "bring some degree of order into chaos".
It has long been agreed that the law relating to sewers and drains is one of the most obscure and complex in the Statute Book and Garner's Law of Sewers and Drains is the only publication that has set out to explain it and to extract from it a set of harmonious principles. In so doing, it approaches the subject in a clear and straightforward manner, and draws particular attention to matters of practical difficulty.
This new edition takes account of the large number of legislative changes and developments in case law since the previous edition was published in August 1995. These include the establishment of the Environment Agency; provisions of the Water Act 2003 that will reshape arrangements for regulation of the water industry and extend the responsibility of sewerage undertakers for lateral drains; and important case law on such topics as the right to the public provision of a sewer, offences relating to the pollution of controlled waters, the application of the common law of nuisance and the Human Rights Act 1998 to flooding from sewers, and the application of the law relating to statutory nuisances.
Sadly, the book's originator, Professor "Jack" Garner has passed away since the previous edition. However, his co-author, Stephen Bailey, Professor of Public Law at the University of Nottingham has compiled this major and extremely thorough revision which will ensure that the book continues to be a standard reference work.
List of Abbreviations
Now completely revised
Table of Statutes
Table of Statutory Instruments
Table of Cases
Ownership of Sewers
Construction of Public Sewers
Construction of Sewers by Private Individuals
Maintenance and Use of Public Sewers
Sewage Disposal and Sewage Disposal Works
The Discharge of Sewage Effluents
Drainage of Premises
Appendix A: Urban Waste Water Treatment Directive
Appendix B: Typical Sewer Layouts
From the Preface to the 9th Edition
This, the ninth edition of this work, is the first to have been prepared without the involvement of the original author, Jack Garner, who died in 1997.
There have been many detailed changes to the legislation in this area since the last edition, most notably with the enactment of the Water Act 2003. There has also been significant case law in such areas as the right to the public provision of a sewer, offences relating to the pollution of controlled waters, the application of the common law of nuisance and the Human Rights Act 1998 to flooding from sewers, and the application of the law relating to statutory nuisances. A further Periodic Review of charges by water and sewerage undertakers is under way. The law is stated as at 1 st May 2004, except that implementation of the Water Act 2003 has been anticipated as noted in the text. For further details on implementation, see the Water Act 2003 (Commencement No. 1 and Transitional Provisions) Order 2004 (S.I. 2004 No. 641) and the Water Act 2003 (Commencement) (Wales) Order 2004 (S.I. 2004 No. 910).
SHB NottinghamMore Details on the Shaw & Sons Website