Prevention of Damage by Pests Act 1949

Overview

1. The Prevention of Damage by Pests Act 1949 was enacted to ensure effective pest control, and to prevent damage to food supplies. It consolidates and modifies previous legislation, giving local authorities, occupiers, and the Minister defined responsibilities in controlling infestations of rats, mice, insects, and mites.

2. The duties and lowers of local authorities in relation to rats & mice (s. 2–12)

  1. Section 2: Local authorities must ensure their districts are kept free from rats and mice, conduct inspections, and enforce landowner and occupier duties.
  2. Section 3: Occupiers must notify authorities if substantial infestations are present, except on agricultural land.
  3. Section 4: Local authorities may serve notices requiring action to remove infestations. Non-compliance can lead to enforcement measures.
  4. Section 5: If an owner/occupier fails to act, the local authority may carry out pest control measures and recover costs.
  5. Section 6: Local authorities may treat multiple premises as a single unit if a widespread infestation exists, acting without individual notices.
  6. Section 7: Expenses for pest control can be recovered from owners or occupiers as a simple contract debt.
  7. Section 8 (Repealed): Originally covered pest control during threshing and dismantling ricks.
  8. Section 9: Authorities may require occupiers to disclose ownership details to facilitate enforcement (repealed in England & Wales in 1976).
  9. Section 10: Defines procedures for authentication and service of notices.
  10. Section 11 (Repealed): Originally addressed local government financial provisions.
  11. Section 12: If a local authority fails in its duties, the Minister may intervene, appointing a person to take action at the authority’s expense.

Enforcement and compliance

3. Enforcement and compliance provisions include:

  1. Powers of Entry (s. 22): Authorities may enter land and premises to inspect and enforce compliance, subject to notice provisions.
  2. Penalties for Non-Compliance: Fines apply to failure to notify authorities, failure to act on notices, and obstruction of enforcement officers.
  3. Ministerial Oversight (s. 12): The Minister may intervene if local authorities fail to fulfil their pest control obligations.

Conclusion

4. The Act gives local authorities significant enforcement powers to combat pest infestations. Owners and occupiers bear responsibility for keeping properties pest-free and may face enforcement actions if they fail to comply. The Minister can intervene if local authorities do not fulfil their duties.

Act: Table of Contents

  Title
  Introductory Text
I Rats and Mice
1 Local authorities for the purposes of Part I
2 Duties of local authorities
3 Obligation of occupiers of land to notify local authority of rats and mice
4 Power of local authority to require action
5 Remedies for failure to comply with notice under s. 4
6 Additional powers of local authorities in relation to groups of premises
7 Recovery of expenses under s. 5 or s. 6
8 Provisions as to threshing and dismantling of ricks
9 Power of local authority to require information as to interests in land 
(repealed in England & Wales in 1976)
10 Authentication of documents, service of notices, etc.
11 (Omitted section)
12 Powers of Minister with respect to functions of local authorities
 II Infestation of Food
13 Obligation of certain undertakers to give notice of occurrence of infestation
14 Power of Minister to give directions to certain undertakers for preventing or mitigating infestation
15 Appeal against directions under s. 14
16 Powers of Minister in case of failure to comply with directions
17 Offences against Part II
18 Power of Minister to delegate to local authorities
 III Supplemental
19 Control of methods of destruction of pests, etc.
20 Amendment of Agriculture Act, 1947
21 Regulations
22 Powers of entry
23 Application to shipping and aircraft
24 (Omitted section)
25 Compensation of officers
26 Legal proceedings
27 Financial provisions
28 Interpretation
29 Application to Northern Ireland
30 Short title, repeal and commencement 
© Martin Ward | Philip Parnham 2025
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