Sanitary Inspection and Environmental Health

Environmental health broadly encompasses efforts to improve conditions for the population by control of pollution, waste management and monitoring of standards of hygiene and food safety. The cholera epidemics of the 1830s and a new understanding of the relationship between dirt and disease led to local authorities being given powers to sweep streets, empty middens, remove waste, disinfect premises and establish standards and inspections. During the 20^th century these activities gradually developed into different specialisms within local authorities.

The Nuisances Removal (Scotland) Act 1856 was the earliest attempt to establish sanitary inspection in burghs to deal with the removal of nuisances, control of epidemics and the inspection of common lodging houses.[1] This was replaced by the Public Health (Scotland) Act 1867 which contained provisions for the appointment of a sanitary inspector in each local authority. [2] Their duties were to include the inspection of common lodging houses and reports to the Board of Supervision but otherwise the local authority was to establish their salary and duties. They were given powers of entry where a nuisance was suspected, could inspect any premises selling food for human consumption, deal with overcrowding of dwelling house and ensure the disinfection of houses where there had been infectious diseases.[3] Nuisance was defined broadly to include anything that was potentially harmful such as construction, dirty streets, ashpits, water closets, gutters, watercourses, stables and byres, pig-styes, accumulations of manure and other waste, overcrowded housing, overcrowded or dirty factories and workplaces, polluting industrial fireplaces & furnaces and overcrowded churchyards & cemeteries.[4]

Local authorities under the 1867 Act were town councils or police commissioners in burghs.[5] The Board of Supervision had powers to inquire into sanitary conditions in burghs of less than 10,000 population or not having their own police act.[6] Responsibilities for public health outwith the burghs were initially given to parochial boards but these were transferred to county councils on their establishment in 1889.[7] County councils were able to appoint a sanitary inspector.[8] The Burgh Police (Scotland) Act 1892 required burghs to appoint a sanitary inspector to carry out duties under the 1867 act.[9] The Public Health (Scotland) Act 1897 continued this requirement.[10]

Both the 1867 and 1897 Public Health Acts covered a range of responsibilities for disinfecting premises, regulating slaughterhouses, regulating lodging houses, tents and vans for human habitation, food safety and pollution, without specifying which officer was to put this into effect. There was therefore some overlap between medical officers of health and sanitary inspectors, but the majority of these responsibilities fell to the sanitary inspector. The 1897 Act was not repealed until 2008 but was amended by separate legislation on food safety, environmental health, water and sewerage and health.[11]

The Local Government (Scotland) Act 1929, which transferred powers from small burghs to county councils, made provision for small burghs to continue to employ sanitary inspectors until a vacancy occurred but otherwise these responsibilities were allocated to county councils and large burghs.[12] The Local Government (Scotland) 1947 Act required county councils and town councils to appoint sanitary inspectors who were also the inspectors of common lodging houses and were required to make annual reports to the Secretary of State for Scotland.[13] Under the Local Government (Scotland) Act 1973, district and island councils became the sanitary authority under public health and related legislation while sewerage was made the responsibility of regional and islands councils but the title of sanitary inspector was replaced by more generic ‘proper officers’.[14] Responsibilities were transferred to unitary councils under the 1994 Act.[15]

Environmental health was subject to central government supervision first through the Board of Supervision and then the Local Government Board of Scotland. By 1914 the Scottish Board of Health was responsible for approving the creation of special water, lighting, and scavenging districts within landward areas, and approving local byelaws concerning the regulation of pigsties, offensive trades, common lodging houses, accommodation for agricultural workers and temporary accommodation for seasonal workers. The Board was replaced by the Department of Health for Scotland in 1929. In 1962 the Scottish Development Department was established and was allocated responsibilities for environmental health.

Compiler: Elspeth Reid (2021)

Related Knowledge Base entries

Food Labelling, Standards and Hygiene

Cleansing and Refuse Disposal

Bibliography

Brunton, Deborah, ‘Health, Comfort and Convenience: Public Health and the Scottish Police Commissions, 1800-70’ Scottish Archives 17 (2011), pp. 85-96

Brunton, Deborah, ‘Regulating filth: cleansing in Scottish towns and cities, 1840-1880’ Urban History 42.3 (2015), pp. 424-39

Evans, A. A. L., ‘Health’ in Source book and history of administrative law in Scotland ed. by M. R. McLarty (Hodge, 1956) pp. 130-47

Ferguson, Keith, An introduction to local government in Scotland (The Planning Exchange, 1984)

Guy, John (Dr), ‘The development of the Public Health Department’ in Historical studies in the development of local government services in Edinburgh Series 2 (National Association of Local Government Officers, Edinburgh and District Branch, 1936-37), pp.33-41

Whyte, W. E., Local Government in Scotland (Hodge & Co, 1936)

References

[1] Nuisances Removal (Scotland) Act 1856 (25 & 26 Vict. c.101).

[2] Public Health (Scotland) Act 1867 (30 & 31 Vict. c.101) s.8.

[3] Public Health (Scotland) Act 1867 (30 & 31 Vict. c.101) ss.17, 26, 37, 50.

[4] Public Health (Scotland) Act 1867 (30 & 31 Vict. c.101) s.16.

[5] Public Health (Scotland) Act 1867 (30 & 31 Vict. c.101) s.1.

[6] Public Health (Scotland) Act 1867 (30 & 31 Vict. c.101) s.9.

[7] Public Health (Scotland) Act 1867 (30 & 31 Vict. c.101) s.5; Local Government Scotland Act 1889 (52 & 53 Vict. c.50) s.17.

[8] Local Government Scotland Act 1889 (52 & 53 Vict. c.50) s.52.

[9] Burgh Police (Scotland) Act 1892 (5 & 6 Vict. c.55) s.76.

[10] Public Health (Scotland) Act 1897 (60 & 61 Vict. c.38) s.15.