Changes to legislation: Prevention of Damage by Pests Act 1949 is up to date with all changes known to be in force on or before 25 March 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes Prevention of Damage by Pests Act 1949 1949 CHAPTER 55 12 13 and 14 Geo 6 An Act to re-enact with modifications the Rats and Mice (Destruction) Act 1919; to make permanent provision for preventing loss of food by infestation; and for purposes connected therewith. [30th July 1949] Modifications etc. (not altering text) C1 Act saved by Mines and Quarries Act 1954 (c. 70), s. 95(2) C2 Act extended by S.I. 1972/971, art. 4, Sch. 1 Act: transfer of functions (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1 C3 Act functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p)) PART I RATS AND MICE Modifications etc. (not altering text) C4 Pt. I (ss. 1–12) power to apply conferred (E.W.) by Housing Act 1988 (c. 50, SIF 61), s. 68(1)(d) 1 Local authorities for the purposes of Part I. (1) The local authorities for the purposes of this Part of this Act in England and Wales shall be the Common Council of the City of London and the councils of [F1London boroughs] . F2 and county districts: Provided that— (a) the local authority for any port health district, whether constituted before or after the commencement of this Act, shall be the port health authority; and 2 Prevention of Damage by Pests Act 1949 (c. 55) Part I – Rats and Mice Document Generated: 2021-03-25 Changes to legislation: Prevention of Damage by Pests Act 1949 is up to date with all changes known to be in force on or before 25 March 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (b) in relation to sewers vested in the council of any county [F3or in the Greater London Council] the functions of the local authority under this Part of this Act shall be exercisable by that council and not by any other authority. (2) The local authorities for the purposes of this Part of this Act in Scotland shall be the [F4 councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39).] (3) Section six of the M1Public Health Act 1936 (which provides for the constitution of united districts for any of the purposes of that Act) shall have effect as if the purposes of this Part of this Act were purposes of that Act. Textual Amendments F1 Words substituted by London Government Act 1963 (c. 33), Sch. 17 para. 10 F2 Words repealed by Local Government Act 1972 (c. 70), Sch. 30 F3 Words inserted by London Government Act 1963 (c. 33), Sch. 17 para. 10 F4 Words in s. 1(2) substituted (26.1.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), Sch. 2 para. 3 (with s. 127); S.S.I. 2009/9, Sch. 1 Marginal Citations M1 1936 c. 49. 2 Duties of local authorities. (1) It shall be the duty of every local authority to take such steps as may be necessary to secure so far as practicable that their district is kept free from rats and mice, and in particular— (a) from time to time to carry out such inspections as may be necessary for the purpose aforesaid; (b) to destroy rats and mice on land of which they are the occupier and otherwise to keep such land so far as practicable free from rats and mice; (c) to enforce the duties of owners and occupiers of land under the following provisions of this Part of this Act, and to carry out such operations as are authorised by those provisions. (2) . F5 Textual Amendments F5 S. 2(2) repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. I Modifications etc. (not altering text) C5 S. 2 excluded by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 1(1), Sch. 1 para. 1 Prevention of Damage by Pests Act 1949 (c. 55) 3 Part I – Rats and Mice Document Generated: 2021-03-25 Changes to legislation: Prevention of Damage by Pests Act 1949 is up to date with all changes known to be in force on or before 25 March 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes 3 Obligation of occupiers of land to notify local authority of rats and mice. (1) Subject to the provisions of this section, the occupier of any land shall give to the local authority forthwith notice in writing if it comes to his knowledge that rats or mice are living on or resorting to the land in substantial numbers. (2) The foregoing subsection shall not apply to agricultural land, F6... (3) A person shall not be required to give notice under this section to the local authority of any matters of which notice is given to the Minister in pursuance of Part II of this Act. (4) Any person who fails to give a notice which he is required to give under this section shall be liable on summary conviction to a fine not exceeding [F7level 1 on the standard scale]. Textual Amendments F6 Words in s. 3(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 13 F7 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G 4 Power of local authority to require action. (1) If in the case of any land it appears to the local authority, whether in consequence of a notice given in respect of the land under the last foregoing section or otherwise, that steps should be taken for the destruction of rats or mice on the land or otherwise for keeping the land free from rats and mice, they may serve on the owner or occupier of the land a notice requiring him to take, within such reasonable period as may be specified in the notice, such reasonable steps for the purpose aforesaid as may be so specified; and where the owner of any land is not also the occupier thereof separate notices may be served under this section on the owner and on the occupier. (2) Any such notice may in particular require— (a) the application to the land of any form of treatment specified in the notice; (b) the carrying out on the land of any structural repairs or other works so specified, and may prescribe the times at which any treatment required by the notice is to be carried out. (3) . F8 (4) If on a complaint made by the owner of any land it appears to a court of summary jurisdiction that the occupier of the land prevents the owner from carrying out any work which he is required to carry out by a notice under this section, the court may order the occupier to permit the carrying out of the work. (5) Subsections (3) to (5) of section two hundred and ninety of the M2Public Health Act 1936 (which provide for an appeal to a court of summary jurisdiction against certain notices requiring the execution of works under that Act) shall apply to any notice served under this section requiring the carrying out of any structural works as they apply to any such notice as is mentioned in subsection (1) of that section; and sections three hundred to three hundred and two of that Act (which contain supplementary provisions relating to such appeals) shall have effect accordingly. 4 Prevention of Damage by Pests Act 1949 (c. 55) Part I – Rats and Mice Document Generated: 2021-03-25 Changes to legislation: Prevention of Damage by Pests Act 1949 is up to date with all changes known to be in force on or before 25 March 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes (6) In the application of this section to Scotland— (a) . F9 (b) for references to a complaint and to a court of summary jurisdiction there shall be substituted references to an application and to the sheriff; (c) for subsection (5) there shall be substituted the following subsection— “(5) [F10Section 27 of the Housing (Scotland) Act 1969] (which provides for an appeal to the sheriff against certain notices requiring the execution of works under that Act) shall apply to any notice served under this section requiring the carrying out of any structural works as it applies to any such notice as is mentioned in paragraph (a) of subsection (1) of that section.” Textual Amendments F8 S.