Public Health Act 1875

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Public Health Act 1875 [a]
Act of Parliament
Coat of Arms of the United Kingdom (1837).svg
Parliament of the United Kingdom
Long title An Act for consolidating and amending the Acts relating to Public Health in England.
Citation 38 & 39 Vict. c. 55
Territorial extent  England and Wales [b]
Dates
Royal assent 11 August 1875
Commencement 11 August 1875 [c]
Other legislation
AmendsSee § Repealed enactments
Repeals/revokesSee § Repealed enactments
Amended by
Relates to
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
Text of the Public Health Act 1875 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
Public Health Act 1875 (Support of Sewers) Amendment Act 1883 [d]
Act of Parliament
Coat of Arms of the United Kingdom (1837).svg
Parliament of the United Kingdom
Long title An Act to amend the Public Health Act, 1875, and to make provision with respect to the support of public sewers and sewage works in mining districts.
Citation 46 & 47 Vict. c. 37
Territorial extent  United Kingdom
Dates
Royal assent 25 August 1883
Commencement 25 August 1883 [e]
Repealed19 November 1998
Other legislation
AmendsSee § Repealed enactments
Repeals/revokesSee § Repealed enactments
Repealed by Statute Law (Repeals) Act 1998
Status: Repealed
Text of statute as originally enacted
Revised text of statute as amended

The Public Health Act 1875 (38 & 39 Vict. c. 55) is an act of the Parliament of the United Kingdom, one of the Public Health Acts, [1] and a significant step in the advancement of public health in England.

Contents

As of 2026, the act remains in force in England and Wales.

Its purpose was to codify previous measures aimed at combating filthy urban living conditions, [2] which caused various health threats, including the spread of many diseases such as cholera and typhus.

Background

Reformers had from the 1830s wanted to resolve sanitary problems in urban areas, because sewage was flowing down the street daily, including the presence of sewage in living quarters. In 1848 their efforts led to the establishment of a three-man Board of Health – if one with very limited powers. [3] Many factors delayed effective implementation of reform, however, such as the fact that to perform a clean-up would cost money, and neither government, factory owners, or local authorities were keen to pay. Gradually, however, reformers helped to counteract the laissez-faire attitude of the government and public. In 1871, the Board of Health was subsumed into the Local Government Board by the Liberal Party; and when the Conservatives came to power in 1874, they were committed by Disraeli to extending social reform. A Public Health Bill was introduced in 1875. Home Secretary Richard Cross was responsible for drafting the legislation, and received much good will from trades union groups in the consequent years for "humanising the toil of the working man". Disraeli ensured the passing of the 1875 act; and when mocked by his opponents for neglecting more important political reforms, retorted on them with the resounding phrase "sanitas sanitatum, omnia sanitas" (health above everything). [2]

Provisions

The act made it compulsory for local powers to:

  1. purchase, repair or create sewers
  2. control water-supplies
  3. regulate cellars and lodging houses
  4. establish by-laws for controlling new streets and buildings. [4]

With the rapid urbanisation that accompanied the Industrial Revolution, huge swathes of terraced houses had been built to accommodate factory workers. The contrast between the housing stock built before the passage of the act and that built after it was stark. [5]

The act required all new residential construction to include running water and an internal drainage system, and also led to the government prohibiting the construction of shoddy housing by building contractors. [5]

The act also meant that every public health authority had to have a medical officer and a sanitary inspector, [6] to ensure the laws on food, housing, water and hygiene were carried out; and that towns had to have pavements and street lighting. [7]

It is, however, important to realise that the new powers provided were permissive, not compulsory: they provided a model of best practice for municipalities, but actual implementation remained for the most part up to the individual local authority. [8]

Section 314 specifically empowered local authorities to make byelaws securing decent lodging and accommodation for hop-pickers. The Local Government Board subsequently circulated model byelaws based on recommendations drawn up in 1867 by the society of which the Rev. John Young Stratton was secretary. Stratton later told the Royal Commission on the Housing of the Working Classes that the provision had failed because adoption of the byelaws was permissive rather than compulsory. [9]

Statutory trusts which are subject to section 164 of the act are required to dedicate their land to public recreation. [10]

Repealed enactments

Section 343 of the act repealed 22 enactments, listed in parts I and II of schedule V to the act. [5]

Repeals by part I
CitationShort titleDescriptionExtent of repeal
11 & 12 Vict. c. 63 Public Health Act 1848 The Public Health Act, 1848The whole act. [f]
14 & 15 Vict. c. 28 Common Lodging Houses Act 1851 The Common Lodging Houses Act, 1851.The whole act, except so far as relates to the Metropolitan Police District.
16 & 17 Vict. c. 41 Common Lodging Houses Act 1853 The Common Lodging Houses Act, 1853.The whole act, except so far as relates to the Metropolitan Police District.
18 & 19 Vict. c. 116 Diseases Prevention Act 1855 The Diseases Prevention Act, 1855.The whole act, except so far as relates to the Metropolis.
18 & 19 Vict. c. 121 Nuisances Removal Act for England 1855 The Nuisances Removal Act for England, 1855.The whole act, except so far as relates to the Metropolis.
21 & 22 Vict. c. 98 Local Government Act 1858 The Local Government Act, 1858.The whole act.
23 & 24 Vict. c. 77 Nuisances Removal Act 1860 An Act to amend the Acts for the Removal of Nuisances and the Prevention of Diseases.The whole act, except so far as relates to the Metropolis.
24 & 25 Vict. c. 61 Local Government Act (1858) Amendment Act 1861 The Local Government Act (1858) Amendment Act, 1861.The whole act. [g]
26 & 27 Vict. c. 17 Local Government Act Amendment Act 1863 The Local Government Act Amendment Act, 1863.The whole act.
26 & 27 Vict. c. 117 Nuisances Removal Act for England (Amendment) Act 1863 The Nuisances Removal Act for England (Amendment) Act, 1863.The whole act, except so far as relates to the Metropolis.
28 & 29 Vict. c. 75 Sewage Utilization Act 1865 The Sewage Utilization Act, 1865.The whole act, except so far as relates to Scotland and Ireland.
29 & 30 Vict. c. 41 Nuisances Removal Act (No. 1) 1866 The Nuisances Removal (No.1) Act, 1866.The whole act, except so far as relates to the Metropolis.
29 & 30 Vict. c. 90 Sanitary Act 1866 The Sanitary Act, 1866Parts I, II, and III, except so far as relates to the Metropolis or to Scotland or Ireland.
30 & 31 Vict. c. 113 Sewage Utilization Act 1867 The Sewage Utilization Act, 1867.The whole act, except so far as relates to Scotland or Ireland.
31 & 32 Vict. c. 115 Sanitary Act 1868 The Sanitary Act, 1868The whole act, except so far as relates to the Metropolis.
32 & 33 Vict. c. 100 Sanitary Loans Act 1869 The Sanitary Loans Act, 1869The whole act, except so far as relates to the Metropolis.
33 & 34 Vict. c. 53 Sanitary Act 1870 The Sanitary Act, 1870The whole act, except so far as relates to the Metropolis.
35 & 36 Vict. c. 79 Public Health Act 1872 The Public Health Act, 1872The whole act, except so far as relates to the Metropolis.
37 & 38 Vict. c. 89 Sanitary Law Amendment Act 1874 The Sanitary Law Amendment Act, 1874.The whole act, except so far as relates to the Metropolis or the Metropolitan Police District.
Repealed by part II
CitationShort titleDescriptionExtent of repeal
12 & 13 Vict. c. 94 Public Health Supplemental Act 1849 The Public Health Supplemental Act, 1849.The whole act, except—
  • Section 1 (Confirmation of certain provisional orders of the General Board of Health), and section 12 (short title of Act), and the schedule.
13 & 14 Vict. c. 90 Public Health Supplemental (No. 2) Act 1850 The Public Health Supplemental Act, 1850 (No. 2.)The whole act, except—
  • Section 1 (certain provisional orders of General Board of Health confirmed), and section 7 (short title of Act), and the schedule.
15 & 16 Vict. c. 42 First Public Health Supplemental Act 1852 The first Public Health Supplemental Act, 1852.Sections 6 to 12, both inclusive (first election or first selection and election of certain local boards), and section 13 (11 & 12 Vict. c. 63. ss. 68, 69, as to repair of highways), and section 14 (interpretation of year), and section 15 (Act incorporated with Public Health Act).

Subsequent developments

Section 264 of the act was repealed by section 2 of, and the schedule to, the Public Authorities Protection Act 1893 (56 & 57 Vict. c. 61), which came into force on 1 January 1894. [11]

So much of part III of the fifth schedule as re-enacts section 43 of the Public Health Act 1872 (35 & 36 Vict. c. 79.) was repealed by section 245(1) of, and the eleventh schedule to, Poor Law Act 1927 (17 & 18 Geo. 5. c. 14), which came into force on 1 October 1927. [12]

Section 145 of the act was repealed by section 1(1) of, and the first schedule to, the Statute Law Revision Act 1950 (14 Geo. 6. c. 6), which came into force on 23 May 1950. [13]

See also

Notes

  1. ↑ Section 1.
  2. ↑ Section 2.
  3. ↑ The Acts of Parliament (Commencement) Act 1793.
  4. ↑ Section 1(1).
  5. ↑ The Acts of Parliament (Commencement) Act 1793.
  6. ↑ Section 83 of the act was re-enacted in part III of schedule V to the act.
  7. ↑ Section 21 of the act was re-enacted in part III of schedule V to the act.

References

  1. ↑ The Short Titles Act 1896, section 2(1) and Schedule 2
  2. 1 2 Halévy, E. (1961). Victorian Years. London. p. 451.{{cite book}}: CS1 maint: location missing publisher (link)
  3. ↑ Halévy, E. (1961). Victorian Years. London. pp. 176 and 262.{{cite book}}: CS1 maint: location missing publisher (link)
  4. ↑ J N Tarn, Five Per Cent Philanthropy (1973) p. 75
  5. 1 2 3 "Public Health Act 1875", legislation.gov.uk , The National Archives, Vict/38-39 c. 55
  6. ↑ M Walsh, Social Policy and Welfare (2000) p. 40
  7. ↑ "History - Government and Public Health". BBC Bitesize. Retrieved 2 May 2010.{{cite web}}: CS1 maint: deprecated archival service (link)
  8. ↑ J N Tarn, Five Per Cent Philanthropy (1973) p. 75
  9. ↑ Royal Commission on the Housing of the Working Classes (1885). First Report of Her Majesty's Commissioners for Inquiring into the Housing of the Working Classes (Report). London: Eyre and Spottiswoode. pp. 94–95. C. 4402.
  10. ↑ "Court of Appeal to hear second legal challenge over Wimbledon grounds expansion". Local Government Lawyer. 23 July 2026. Retrieved 23 July 2026.
  11. ↑ "Public Authorities Protection Act 1893", legislation.gov.uk , The National Archives, Vict/56-57 c. 61
  12. ↑ "Poor law Act 1927", legislation.gov.uk , The National Archives, Geo5/17-18 c. 14
  13. ↑ "Statute Law Revision Act 1950", legislation.gov.uk , The National Archives, Geo6/14 c. 6

Bibliography

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