City of Edinburgh District Council Order Confirmation Act 1991 (c. xix)
1991 c. xix - continued
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Part V
 
Public health

Definitions for Part V.

    11.In this part of this Order—

    "basement" means a basement used in common;
    "cleansing and disinfecting" of premises includes—
       (a) removing wallpaper or other covering of walls, and redecorating the interior surface of premises;
       (b) papering or painting the interior surface of dwelling-houses; and
       (c) disinfecting or destroying any household article in the premises;
    "cleansing station" means any premises where the cleansing of persons or clothing may be carried out;
    "communal toilet or laundry facilities" means a part of any premises containing water-closets, wash-houses, drying rooms or sinks used in common;
    "dealer" means a person who trades or deals in any household article;
    "hairdressing" means the following:—
      shaving, cutting, shampooing, tinting, dyeing, bleaching, waving, curling, straightening, setting, removing or dressing of the hair, upon the scalp or face, with or without the aid of any apparatus or appliance, preparation or substance, or the hand or vibro-massage of the scalp or face;
    "household article" means an article of furniture, bedding or clothing, or any similar article;
    "lobby" means a lobby used in common;
    "sanitary conveniences" means water-closets and urinals; and
    "vermin", in its application to insects and parasites includes their eggs, larvae and pupae, and"verminous" shall be construed accordingly.

Cleansing of courts, etc.

    12.—

  (1) Any person having the right to use any court or sunk area shall keep such court or sunk area, and the roofs of any outbuildings therein, in a clean state.

    (2) Subject to subsection (3) below, the Council may cause to be cleansed any court, sunk area or roof which is not being kept in a clean state and, notwithstanding anything in the Act of 1982, the expense reasonably incurred in so doing shall be recoverable by them from such persons or, if such court or area is unoccupied, from the owner.

    (3) Before exercising the power conferred by subsection (2) above, the Council shall give not less than seven days' notice to such person or owner (as the case may be).

Removal of obnoxious matter.

    13.—

  (1) Where, in the opinion of the Council, any accumulation of obnoxious matter in any premises should be removed, and it is not the duty of the Council to remove it, they may, by notice, require the occupier of such premises or, if the premises are unoccupied, the owner, to remove it within 48 hours.

    (2) A person who, without reasonable excuse, fails to comply with any requirement of a notice under the preceding subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and the Council may remove such matter and dispose of it, and the expense reasonably incurred in so doing shall be recoverable by the Council from such person.

Collection and disposal of garden refuse.

    14.In its application to the Council, the definition of"household waste" contained in subsection (5) of section 124 of the Act of 1982 (collection and disposal of household and trade waste) shall be deemed to include garden refuse.

Hairdressers to be registered.

    15.—

  (1) A person shall not, by himself or with any other person, carry on the business of hairdressing in any premises occupied by him unless he is registered by the Council in respect of such premises.

    (2) 
     (a) Any person who makes application for registration in respect of any such premises shall, subject as hereinafter provided, be registered by the Council in respect of such premises and the Council shall issue to him a certificate of registration in respect of such premises.
     (b) For each application for registration under this section, the Council shall charge a fee of £5 or such other sum as they may from time to time consider appropriate.


    (3) 
     (a) The Council shall be entitled to refuse an application for registration under this section only if the premises are unsuitable or inadequate for the business of hairdressing.
     (b) Any person aggrieved by a refusal to grant an application for registration under this section may appeal to the sheriff.


    (4) Any person who carries on the business of hairdressing in any premises occupied by him in respect of which there is not in force a certificate of registration under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Acupuncturists, tattooists, ear-piercers and electrolysists to be registered.

    16.—

  (1) As from the appointed day a person shall not, by himself or with any other person, carry on the practice of acupuncture or the business of tattooing, ear-piercing or electrolysis in any premises occupied by him unless he is registered by the Council in respect of such premises.

    (2) 
     (a) Any person who makes application for registration in respect of any such premises shall, subject as hereinafter provided, be registered by the Council in respect of such premises and the Council shall issue to him a certificate of registration in respect of such premises.
     (b) For each application for registration under this section, the Council shall charge a fee of £5 or such other sum as they may from time to time consider appropriate.


    (3) 
     (a) The Council shall be entitled to refuse an application for registration under this section only if the premises are unsuitable or inadequate for the practice of acupuncture or the business of tattooing, ear-piercing or electrolysis (as the case may be).
     (b) Any person aggrieved by a refusal to grant an application for registration under this section may appeal to the sheriff.


    (4) Any person who carries on the practice of acupuncture or the business of tattooing, ear-piercing or electrolysis in any premises occupied by him in respect of which there is not in force a certificate of registration under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

    (5) In this section"premises" includes a stall.

    (6) Nothing in this section or the next following section shall apply to a person carrying on the business of tattooing, ear-piercing or electrolysis who is, or who is supervised by, a registered medical practitioner or to a person carrying on the practice of acupuncture who is, or who is supervised by, a registered medical practitioner or a dentist registered under the [1984 c. 25.] Dentists Act 1984.

    (7) For the purposes of this section "the appointed day" shall be the day commencing six months after the passing of the Act confirming this Order.

Penalty for false statements in applications for registration.

    17.Any person who in, or in connection with, any application for registration under section 15 (Hairdressers to be registered) or section 16 (Acupuncturists, tattooists, ear-piercers and electrolysists to be registered) of this Order—

     (a) makes any statement which he knows to be false in a material particular; or
     (b) recklessly makes any statement which is false in a material particular;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Display of hairdresser's, etc., certificate of registration.

    18.—

  (1) Every person registered under section 15 (Hairdressers to be registered) or section 16 (Acupuncturists, tattooists, ear-piercers and electrolysists to be registered) of this Order shall keep a copy of his certificate of registration exhibited in a conspicuous position in the premises in respect of which he is registered.

    (2) A person who, without reasonable excuse, acts in contravention of the preceding subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Cleansing of filthy or verminous premises.

    19.—

  (1) 
     (a) Where the Council are of opinion that any premises other than a factory, or premises to which the Act of 1963 applies, are filthy or verminous the Council may by notice require the occupier of the premises, or, if the premises are unoccupied, the owner, to take any steps necessary for cleansing and disinfecting the premises.
     (b) A person who, without reasonable excuse, fails to comply with any requirement of a notice under this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale and the Council may take the steps required by the notice, and the expense reasonably incurred in so doing shall be recoverable by the Council from such person.


    (2) 
     (a) Where the occupier of any premises in respect of which a notice may be served under the preceding subsection is unable through infirmity or mental incapacity to remedy the condition of the premises and his health is thereby endangered the Council may apply to the sheriff for an order under the succeeding paragraph.
     (b) On any such application the sheriff, if satisfied on oral evidence of the facts set forth in the application, and that it is expedient to do so, may make an order for the removal of the occupier to whom the application relates, by such officer of the Council as may be specified in the order, to a suitable institution or other premises, and for the detention and maintenance of such occupier therein for such period as the sheriff may by such order direct as being necessary to enable the Council to cleanse and disinfect the premises:
      Provided that the sheriff shall not make an order under this paragraph unless the Council have given not less than seven days' notice to the occupier of their intention to make the application.
     (c) On the removal of the occupier of any premises in pursuance of an order under the preceding paragraph a duly authorised officer of the Council may enter such premises and carry out any necessary cleansing and disinfecting:
      Provided that upon the completion of such cleansing and disinfecting the Council shall make provision for the return of such occupier to the premises.

Cleansing of verminous persons and clothing.

    20.—

  (1) The Council may, if satisfied that any person, or the clothing of any person, is verminous and if such person consents to be removed to a cleansing station, cause such person to be removed to a cleansing station and cleansed as to his person and clothing.

    (2) If such person does not so consent the Council may apply to the sheriff, and the sheriff, if satisfied, on oral evidence of the facts set forth in the application, and that it is expedient to do so, may make an order for the removal of such person to a cleansing station by such officer of the Council as may be specified in the order and for the detention of such person therein for such period, and subject to such conditions, as may be specified in the order, to enable him to be cleansed as to his person and clothing.

    (3) The cleansing of females under this section shall be carried out only by a woman registered medical practitioner or by a woman duly authorised by the Council.

    (4) Any consent required to be given for the purposes of this section may, in the case of a person under 16 years of age, be given on his behalf by his parent or guardian.

    (5) A charge shall not be made in respect of the cleansing of a person or his clothing, or his removal to, or maintenance in, a cleansing station.

Prohibition of sale of verminous articles.

    21.—

  (1) 
     (a) A dealer shall not—
       (i) sell or offer or expose for sale; or
       (ii) deposit for sale or preparation for sale;
    any household article if it is, to his knowledge, verminous, or if, by taking reasonable precautions, he could have known it to be verminous.
     (b) A person who acts in contravention of any provision of the preceding paragraph shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.


    (2) If any household article which is verminous is on any premises—
     (a) being prepared or offered by a dealer for sale; or
     (b) exposed by a dealer for sale or deposited by a dealer for sale or preparation for sale;
the Council may cause the article to be disinfested or destroyed, as the case may require, and, if necessary for that purpose, to be removed from the premises, and the expense reasonably incurred in taking any action under this subsection shall be recoverable by the Council from such dealer.
 
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