Environmental Agency

General District Work

The core principle for much of Environmental Health revolves around the concept of nuisance. This is not defined in law but has been interpreted over the years by courts to mean "an act, default or sufferance which prevents a person from enjoying his property". The Public Health Ordinance specifies certain nuisances that are offences and the remedial action that can be taken by the Government to abate the nuisance. Public Health Nuisances can include items like dampness in dwellings, defective roofs, pests, sewage and drainage problems.

All complaints received are investigated forthwith and action taken as necessary. An Abatement Notice may be served on the person or body by whose "act default or sufferance" the nuisance has been allowed to exist or continue. For example in the case of defects in buildings, the Abatement Notice may be served on the landlord of the property (who may be a person or a company). In other circumstances the recipient may be the occupier or tenant of the premises if the nuisance is attributable to them.

The Abatement Notice specifies the works to be carried out and allows a period of time for the works after which legal proceedings may be instituted against the receiver. When the case comes before the Magistrates Court the Environmental Health Officer presents the evidence to the Stipendary Magistrate who may then impose a fine and/or order the works to be done. The complainant’s anonymity is maintained and the person is not required to attend court as the expert evidence is given by the Environmental Health Officer.

Inspections are carried out of the homes of persons applying to the Housing Allocation Committee for Government Housing. A report is made to the Housing Manager on the living conditions of the applicant which includes measurements of the rooms available and details of the persons in occupation as well as any defects in the structure of the premises. Spatial overcrowding, external WC, shared facilities and mixing of sexes are also mentioned in the report though defects which can be repaired by the landlord are not.

Certain other premises are visited routinely at random. Hairdressers, tattooists, skin piercing premises, and beauticians are inspected so that hygiene and safety standards are maintained and that there is no risk of transmission of diseases like hepatitis B and HIV. The premises and actual persons carrying out any skin piercing activities are required to be registered.

Nurseries and play-schools are regularly visited and reports made to the Department of Education if necessary. H.M. Prison is also inspected and reports made to the Superintendent of Prison and the Board of Governors.

The officer has a right to enter all premises at all reasonable times and if necessary by the use of force on application to a Justice of the Peace for a Warrant of Entry.

 


Last Revised : 20 September 1999