Public Health Act 1875

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The Public Health Act 1875[a] (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.

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]

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. 63Public Health Act 1848The Public Health Act, 1848The whole Act.[f]
14 & 15 Vict. c. 28Common Lodging Houses Act 1851The Common Lodging Houses Act, 1851.The whole Act, except so far as relates to the Metropolitan Police District.
16 & 17 Vict. c. 41Common Lodging Houses Act 1853The Common Lodging Houses Act, 1853.The whole Act, except so far as relates to the Metropolitan Police District.
18 & 19 Vict. c. 116Diseases Prevention Act 1855The Diseases Prevention Act, 1855.The whole Act, except so far as relates to the Metropolis.
18 & 19 Vict. c. 121Nuisances Removal Act for England 1855The Nuisances Removal Act for England, 1855.The whole Act, except so far as relates to the Metropolis.
21 & 22 Vict. c. 98Local Government Act 1858The Local Government Act, 1858.The whole Act.
23 & 24 Vict. c. 77Nuisances Removal Act 1860An 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. 61Local Government Act (1858) Amendment Act 1861The Local Government Act (1858) Amendment Act, 1861.The whole Act.[g]
26 & 27 Vict. c. 17Local Government Act Amendment Act 1863The Local Government Act Amendment Act, 1863.The whole Act.
26 & 27 Vict. c. 117Nuisances Removal Act for England (Amendment) Act 1863The Nuisances Removal Act for England (Amendment) Act, 1863.The whole Act, except so far as relates to the Metropolis.
28 & 29 Vict. c. 75Sewage Utilization Act 1865The Sewage Utilization Act, 1865.The whole Act, except so far as relates to Scotland and Ireland.
29 & 30 Vict. c. 41Nuisances Removal Act (No. 1) 1866The Nuisances Removal (No.1) Act, 1866.The whole Act, except so far as relates to the Metropolis.
29 & 30 Vict. c. 90Sanitary Act 1866The Sanitary Act, 1866Parts I, II, and III, except so far as relates to the Metropolis or to Scotland or Ireland.
30 & 31 Vict. c. 113Sewage Utilization Act 1867The Sewage Utilization Act, 1867.The whole Act, except so far as relates to Scotland or Ireland.
31 & 32 Vict. c. 115Sanitary Act 1868The Sanitary Act, 1868The whole Act, except so far as relates to the Metropolis.
32 & 33 Vict. c. 100Sanitary Loans Act 1869The Sanitary Loans Act, 1869The whole Act, except so far as relates to the Metropolis.
33 & 34 Vict. c. 53Sanitary Act 1870The Sanitary Act, 1870The whole Act, except so far as relates to the Metropolis.
35 & 36 Vict. c. 79Public Health Act 1872The Public Health Act, 1872The whole Act, except so far as relates to the Metropolis.
37 & 38 Vict. c. 89Sanitary Law Amendment Act 1874The 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. 94Public Health Supplemental Act 1849The 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. 90Public Health Supplemental (No. 2) Act 1850The 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. 42First Public Health Supplemental Act 1852The 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

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).

See also

Notes

  1. 12Section 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

  • Halsbury's Statutes. Third Edition. Volume 26. Page 38.
  • Thomas Whiteside Hime. Public Health: The Practical Guide to the Public Health Act, 1875, and Correlated Acts, for the Use of Medical Officers of Health and Inspectors of Nuisances. Bailliere, Tindall and Cox. 1884. Internet Archive.
  • William Cunningham Glen and Alexander Glen. The Public Health Act, 1875, and the Law relating to Public Health, Local Government, and Urban and Rural Sanitary Authorities. Eighth Edition. Butterworths. Knight & Co. London. 1876. Internet Archive.
  • James C Stevens. The Public Health Act 1875: Arranged in a Dictionary Index Form. Shaw and Sons. London. 1876. Internet Archive.
  • Robert Rawlinson. The Public Health Act 1875: Suggestions as to the Preparation of District Maps, and of Plans for the Main Sewerage, Drainage, and Water Supply (Revised to 1878). HMSO. London. 1878. Internet Archive (the description of this book, on that webpage, as another work by William Glen is erroneous).
  • World History 4th Edition by William J. Duiker and Jackson J. Spielvogel
  1. ↑The Short Titles Act 1896, section 2(1) and Schedule 2
  2. 12Halévy, 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. 123"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