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Bassett's Environmental Health Procedures PDF

709 Pages·2019·11.96 MB·English
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H B E A “Bassett’s Environmental Health Procedures provides practical guidance on implementing A S the wide and diverse range of legislation in the field of Environmental Health. I would thoroughly recommend it to all Environmental Health Practitioners.” L S Alan Higgins, independent Environmental and Waste Consultant T E H T Environmental health law is a wide-ranging, detailed and complex body of law within the UK. Bassett’s Environmental Health Procedures is an established and P T essential reference source which provides an accessible entry into enforcement and ’ R S administrative procedures for environmental health. The main legal procedures used in the environmental health field are presented as flow charts supported by explanatory O E text. C N This ninth edition refines the structure introduced in the eighth edition, with each E V chapter addressing a single topic. It has introduced the titles of the corresponding legislation in Scotland and Northern Ireland where there is such legislation. The book D IR has been updated throughout to reflect new practices, legislation and statutory U guidance. Specifically, the ninth edition contains new content on antisocial behaviour O R and significant updates to sections on: N • Enforcement and administration E M • Environmental protection S • Food safety E • Housing N • Public health. T A Environmental health officers/practitioners and students will find this book invaluable. It BASSETT’S L will also be an essential reference for all those whose responsibilities demand they keep abreast of current environmental health practices. ENVIRONMENTAL Bill Bassett authored the first seven editions of Environmental Health Procedures, the first of which appeared in 1983. His dedication to navigating and clarifying the relevant E regulations and laws in this book has aided countless environmental health practitioners N in the UK and beyond. Bill passed the baton to Tim Deveaux in 2013, but remained DIIN HEALTH T on hand to help both the new author and the publisher throughout. The ninth edition IT continues in the spirit of Bill’s classic book, and is the second to be named after him. OH N Bill sadly died in 2017 and his legacy remains a testament to a leading, visionary and PROCEDURES dedicated environmental health practitioner. Tim Deveaux is an independent environmental health practitioner with 36 years T of public sector experience in a wide range of areas in environmental health and IM NINTH EDITION sustainability. His experience includes housing, food safety, health and safety, air pollution and noise, infectious disease control, developing and implementing strategies D to change behaviour, and protecting the environment and human health, particularly in planning for, and implementing, climate change and sustainability solutions. E V ENVIRONMENTAL HEALTH E A U X ISBN 978-0-367-18328-8 www.routledge.com 9 780367 183288 Routledge titles are available as eBook editions in a range of digital formats TIM DEVEAUX “Bassett’s Environmental Health Procedures provides practical guidance on implement- ing the wide and diverse range of legislation in the field of Environmental Health. I would thoroughly recommend it to all Environmental Health Practitioners.” Alan Higgins, independent Environmental and Waste Consultant BASSETT’S ENVIRONMENTAL HEALTH PROCEDURES Environmental health law is a wide-ranging, detailed and complex body of law within the UK. Bassett’s Environmental Health Procedures is an established and essential reference source which provides an accessible entry into enforcement and administrative procedures for environmental health. The main legal procedures used in the environmental health field are presented as flow charts supported by explanatory text. This ninth edition refines the structure introduced in the eighth edition, with each chapter addressing a single topic. It has introduced the titles of the corresponding legislation in Scotland and Northern Ireland where there is such legislation. The book has been updated throughout to reflect new practices, legislation and statutory guidance. Specifically, the ninth edition contains new content on antisocial behaviour and significant updates to sections on: • Enforcement and administration • Environmental protection • Food safety • Housing • Public health. Environmental health officers/practitioners and students will find this book invaluable. It will also be an essential reference for all those whose responsibilities demand they keep abreast of current environmental health practices. Bill Bassett authored the first seven editions of Environmental Health Procedures, the first of which appeared in 1983. His dedication to navigating and clarifying the relevant regulations and laws in this book has aided countless environmental health practitioners in the UK and beyond. Bill passed the baton to Tim Deveaux in 2013, but remained on hand to help both the new author and the publisher throughout. The ninth edition continues in the spirit of Bill’s classic book, and is the second to be named after him. Bill sadly died in 2017 and his legacy remains a testament to a leading, visionary and dedicated environmental health practitioner. Tim Deveaux is an independent environmental health practitioner with 36 years of public sector experience in a wide range of areas in environmental health and sustainability. His experience includes housing, drainage, food safety, health and safety, air pollution and noise, infectious disease control, developing and implementing strategies to change behav- iour, and protecting the environment and human health, particularly in planning for, and implementing, climate change and sustainability solutions. BASSETT’S ENVIRONMENTAL HEALTH PROCEDURES Ninth edition TIM DEVEAUX Ninth edition published 2020 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN and by Routledge 52 Vanderbilt Avenue, New York, NY 10017 Routledge is an imprint of the Taylor & Francis Group, an informa business  2020 Tim Deveaux The right of Tim Deveaux to be identified as author of this work has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. First edition published by Chapman & Hall 1983 Eighth edition published by Routledge 2014 British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data Names: Bassett, W. H., author. | Deveaux, Tim, author. Title: Bassett’s environmental health procedures / W.H. Bassett & Tim Deveaux. Description: Ninth edition. | Abingdon, Oxon; New York, NY : Routledge, [2020] Identifiers: LCCN 2019018440| ISBN 9780367183288 (hbk) | ISBN 9780429060847 (ebk) Subjects: LCSH: Public health laws—Great Britain. | Environmental law—GreatBritain. | Environmental health—Great Britain—Administration. | MESH: Environmental Health—legislation & jurisprudence—Great Britain. | Public Health—legislation & jurisprudence—Great Britain. Classification: LCC KD3359 .B37 2020 | DDC 344.4104—dc23 LC record available at https://lccn.loc.gov/2019018440 ISBN: 978-0-367-18328-8 (hbk) ISBN: 978-0-429-06084-7 (ebk) Typeset in Times New Roman by Swales & Willis Ltd, Exeter, Devon, UK Contents Preface xiii Extract from the preface to the first edition (1983) xv Acknowledgements xvi How this book is structured xvii PART 1 Current environmental health legal structure, process and policies 1 Chapter 1: Enforcement and compliance framework 3 The framework for local authority enforcement, operational and health improvement policies 3 Agencies that work with environmental health professionals 6 Public health in local government 10 Mental health and environmental health 16 Options for obtaining compliance and environmental health interventions 19 Primary authorities 25 Alternative Interventions 34 Partnership working 37 Chapter 2: Common provisions in environmental health legislation 40 Enforcing authorities 40 Delegation of authority 41 Authorisation of officers 41 Powers of entry 42 Authentication of documents 43 Service of notices by local authorities 43 Information regarding ownerships etc. 46 The Environmental Information Regulations 2004 47 Recording decisions 47 Chapter 3: Professional practice 49 Professional practice 49 Authorisations for obtaining communications data 55 Chapter 4: Legal proceedings 61 Preparing a case (plaintiff or appellant) 61 Court procedure 72 Appendices 76 viii Contents PART 2 Environmental protection 81 Chapter 1: Air quality 83 Height of chimneys serving furnaces 83 Height of chimneys not serving furnaces 84 Control of grit and dust from furnaces 87 Measurement of grit and dust from furnaces 90 Prohibition of dark smoke etc. from chimneys 92 Prohibition of dark smoke etc. from industrial and trade premises (other than from chimneys, e.g. trade bonfires) 95 Smoke control areas 97 Burning of crop residues 103 Cable burning 105 Local authority reviews of air quality 107 Air quality management areas (AQMAs) 113 Chapter 2: Environmental damage and contaminated land 117 Environmental damage 117 The identification and remediation of contaminated land 125 Chapter 3: Noise 135 Noise nuisances, noisy parties and noise in the street 135 Consents for the use of loudspeakers in streets 138 Noise from construction sites 141 Noise from certain premises at night 146 Seizure of equipment used to make noise unlawfully 150 Audible alarm notification areas 153 Chapter 4: Pollution prevention 157 Environmental permitting 157 Permitting of activities by local authorities 162 PART 3 Food safety and food standards 179 Food control and food hygiene legislation 181 Registration of food business establishments 186 Approval of product-specific establishments 189 Registration and approval of animal by-product plants 195 Hygiene improvement notices 199 Hygiene prohibition orders 201 Hygiene emergency prohibition notices and orders 204 Remedial action notices and detention notices 207 Detention and seizure of food 209 Imported food – official controls on feed and food of non-animal origin from third countries 214 Sampling of food for analysis and examination 218 Closure notices on mollusc harvesting areas 222 Contents ix Food standards 225 Food information 229 Food additives 233 PART 4 Health and safety 235 General procedural provisions 237 Improvement and prohibition notices 242 Reporting of injuries, diseases and dangerous occurrences 247 Notification of cooling towers and evaporative condensers 254 Seizure of dangerous articles or substances 256 PART 5 Housing and health 259 Chapter 1: Structure of the law dealing with housing standards and their enforcement 261 General procedural provisions 261 Housing standards: the Housing Health and Safety Rating System (HHSRS) 264 Housing standards for accommodation of the homeless 269 Fitness for human habitation 271 Energy efficiency in private rented property 272 Prescribed smoke and carbon monoxide alarms 277 Chapter 2: Enforcement options 282 General approach to enforcement 282 Fixed penalty notices 284 Renewal areas 287 Improvement notices 290 Prohibition orders 295 Hazard awareness notices 300 Notice of emergency remedial action 302 Emergency prohibition orders 304 Means of escape from certain high buildings 307 Defective premises 309 Overcrowding notices for non-houses in multiple occupations 311 Restoration or continuation of supply of water, gas or electricity 316 Disabled facilities grants 318 Dangerous buildings 322 Protection of buildings 324 Empty dwelling management orders 327 Ruinous and dilapidated buildings 332 Demolition orders 334 Demolition of buildings 337 Clearance areas (CAs) 341 Compulsory purchase 345

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