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Amendment Paper as at
Wednesday 17th May 2000

CONSIDERATION OF BILL


ROYAL PARKS (TRADING) BILL

NEW CLAUSES

Park trading offences

   

Mr David Maclean

NC1

To move the following Clause:—

    '.—(1) Regulations under section 2 of the Parks Regulation (Amendment) Act 1926 may designate specified provisions of the regulations as—

      (a) park general trading regulations, or,

      (b) park food trading regulations.

    (2) An offence under that section which is committed by failing to comply with or acting in contravention of a park general trading regulation is a park general trading offence for the purposes of this Act.

    (3) An offence under that section which is committed by failing to comply with, or acting in contravention of, a park food trading regulation is a park food trading offence for the purposes of this Act.

    (4) A park constable exercising his powers under the Parks Regulation Act 1872 shall exercise those powers in respect of contraventions of park food trading regulations only in accordance with the provisions of section (Park food trading offence).'.


Park food trading offence

   

Mr David Maclean

NC2

To move the following Clause:—

    '.—(1) A park constable who reasonably suspects that a person has committed a park food trading offence may summon the assistance of a qualified environmental health officer from the local authority in whose district the park is situated.

    (2) If, on the advice of the environmental health officer, there is a certain risk to public health from the equipment or consumable items under the control of the person suspected of committing the offence, then the constable may seize all such items which, in the opinion of the environmental health officer, constitute the certain risk.

    (3) If a park constable exercises his powers of seizure under subsection (2) above, then he shall immediately hand over all seized items to the environmental health officer and shall receive an itemised receipt for the same.

    (4) Where a park constable on the advice of the environmental health officer seizes items which the environmental health officer has considered to be a risk to public health, he shall permit the person in control of the items seized to retain small samples of perishables and shall inform that person of the name and address of the local authority taking possession of his equipment and consumables.

    (5) A park constable may exercise the power conferred by sub- sections (1) to (4) above only in the park where he has jurisdiction.

    (6) Nothing in this section shall give a park constable power to seize equipment or consumables in connection with a food trading offence unless he is accompanied by an environmental health officer from the authority where the park is situated and he has received advice from the environmental health officer that there is a certain risk to public health.

    (7)     In this section "park constable" has the meaning given by section 3 of the Parks Regulation Act 1872.'.


Compensation

   

Mr David Maclean

NC3

To move the following Clause:—

    '.—(1) When the Secretary of State retains any thing which has been seized under section 4 above, and the person or body corporate from whom it was seized is found not guilty of a park trading offence, the provisions of subsection (2) below apply.

    (2) The Secretary of State shall—

      (a) return to the possession of the person or body corporate all items seized under section 4 within 24 hours of the court decision, and to the same location from which they were originally seized; and

      (b) within 7 days of the court decision pay interim compensation of £200 for each day of the seizure to each person or body corporate from whom the items were seized; and

      (c) within 28 days of receipt of a claim pay full compensation for all losses incurred by the person or body corporate from whom the items were seized in accordance with the provisions of subsection (3) below.

    (3) A person or body corporate to whom this section applies may, if the losses sustained are greater than £200 per day, make a claim to the Secretary of State for full compensation for all losses not later than 3 months from the date of the court decision and in accordance with the following provisions—

      (a) full compensation may among other things include loss of revenue from sale of goods or services, loss of advertising revenue, the costs of replacement equipment, costs of finding alternative locations, and additional travel costs;

      (b) without prejudice to section (a) above, full compensation may include all legal and other fees including cost of counsel incurred in defending the court action and also loss of good name and reputation;

      (c) the claim need not include itemised receipts or accounts but must contain a statement that the claimant honestly believed his full claim to be an accurate assessment of his losses.

    (4) The Secretary of State may not refuse to pay a full claim on the grounds that the claimant has not supplied any evidence to support the losses claimed.'.


Disposal of perishable materials

   

Mr Eric Forth

NC4

To move the following Clause:—

    'A park constable who exercises his powers under section 4 must ensure the proper, safe and hygienic disposal of all perishable materials involved.'.


Compensation

   

Mr Eric Forth

NC5

To move the following Clause:—

    'In a case where a person has been acquitted of any offence under this Act, he shall be able to claim compensation from the Secretary of State for:—

      (a) the value of perishable items rendered useless as a result of actions taken under section 4(1);

      (b) loss of business during the period following seizure under section 4(1) and completion of proceedings under section 5.'.


Park trading offences

   

Mr David Maclean

NC6

To move the following Clause:—

    '.—(1) There shall be an offence called a park trading offence.

    (2) A park trading offence is one of those listed in Schedule (Park trading offences).

    (3) Regulations under section 2 of the Parks Regulation (Amendment) Act 1926 may designate further park trading offences.'.


Prohibition on use of roller skates etc. by park constables

   

Mr David Maclean

NC7

To move the following Clause:—

    '. No park constable, whilst on duty in a royal park, may propel himself about the park with the use of roller skates or blades of whatever description.'.


   

Mr Eric Forth

15

Page     1,     line     10     [Clause     1],     at end insert—

    '(3) Regulations under subsection (1) must be appropriately promulgated, publicised and displayed in the relevant parks areas.'.

   

Mr Eric Forth

16

Page     1,     line     10     [Clause     1],     at end insert—

    '(4) Regulations under subsection (1) must be promulgated and displayed in such languages as are deemed appropriate for any park to which they refer.'.

   

Mr David Maclean

30

Page     1,     line     10     [Clause     1],     at end insert—

    '(3) A park constable exercising his powers under section 2 of the Parks Regulation Act 1872 may exercise those powers in relation to trading offences only in the park where he has jurisdiction.'.

   

Mr David Maclean

9

Page     1,     line     12     [Clause     2],     after 'park', insert 'general'.

   

Mr Eric Forth

17

Page     1,     line     13     [Clause     2],     leave out ' "level' and insert ' "for the first offence level 2 on the standard scale, and for any subsequent offence level'.

   

Mr David Maclean

1

Page     1,     line     13     [Clause     2],     leave out '3' and insert '2'.

   

Mr David Maclean

10

Page     1,     line     13     [Clause      2],     at end insert 'and in relation to a park food trading offence as if for "level 1 on the standard scale" there were substituted "level 3 on the standard scale".'.

   

Mr David Maclean

11

Page     1,     line     14     [Clause     3],     after 'park', insert 'general or food'.

   

Mr Eric Forth

18

Page     1,     line     16     [Clause     3],     after 'the' insert 'knowledge,'.

   

Mr David Maclean

3

Page     1,     [Clause     3],     leave out lines 17 and 18.

   

Mr Eric Forth

19

Page     1,     line     18     [Clause     3],     after 'be', insert 'demonstrably'.

   

Mr David Maclean

2

Page     1,     line     23     [Clause     3],     leave out from beginning to end of line 3 on page 2 and insert—

      '(a) a director or company secretary described in the articles of incorporation, and

      (b) a person purporting to act in either of the capacities above.'.

   

Mr David Maclean

4

Page     1,     line     25     [Clause     3],     leave out paragraph (c).

   

Mr Eric Forth

20

Page     1,     line     25     [Clause     3],     leave out 'secretary' and insert 'company secretary (in the terms defined in the Articles of Incorporation)'.

 
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