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A
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Bill
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To
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Make
provision for local authorities to remove graffiti from street furniture
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owned by statutory undertakers; to enable
local authorities to recover costs
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from statutory undertakers; and for
connected purposes.
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Be
it enacted by the Queen’s most Excellent Majesty, by and
with the advice and
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consent of the Lords Spiritual and
Temporal, and Commons, in this present
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Parliament assembled, and by the authority
of the same, as follows:—
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1 Graffiti
removal notices
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(1) Where
there is graffiti to which this section applies in the area of a local
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authority on a surface to which this
Act applies, if that authority consider it to
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be detrimental to the amenity of the
area or offensive, they may—
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(a) serve
a removal notice on the owner of the structure, apparatus or plant
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which include the surface; or
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(b) if
after reasonable inquiry the identity of the owner cannot be
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ascertained, affix a removal notice
to the surface.
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(2) A
removal notice is a notice requiring the owner to remove or obliterate
the
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graffiti within a period specified
in the notice, being not less than 14 days after
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the service or affixation of the notice.
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(3) Subject
to the right of appeal mentioned in section 2, if the person required
by
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a removal notice to remove or obliterate
graffiti fails to do so within the time
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specified in the notice, the local
authority may themselves remove or obliterate
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the graffiti and they may recover from
the said person the expenses reasonably
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incurred by them in so doing.
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(4) In
proceedings by the local authority against the person served with the
notice
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for the recovery of any expenses which
the authority are entitled to recover
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from that person, it shall not be open
to that person to raise any question which
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could have been raised on an appeal
under section 2.
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(5) Sections
291 and 293 of the Public Health Act 1936 (c. 49) shall have effect as
if
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references therein to that Act included
references to this Act.
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(6) Graffiti
to which this section applies includes any writing, letter, picture,
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device or representation, other than
an advertisement within the meaning of
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the Act of 1990.
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2 Appeals
against graffiti removal notices
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(1) A
person on whom a removal notice has been served under section 1(1)(a)
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above, or the owner of the structure,
apparatus or plant which include a
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surface to which a removal notice has
been affixed under section 1(1)(b) above
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may appeal to a magistrates' court
on any of the following grounds—
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(a) that
the graffiti is not detrimental to the amenity of the area and is not
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offensive;
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(b) that
the graffiti is not detrimental to the amenity of the area and is not
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offensive; or
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(c) in
the case of a removal notice under section 1(1)(a) above, that the
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notice should have been served on another
person.
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(2) If
and in so far as an appeal under this section is based on the ground of
some
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informality, defect or error in, or
in connection with, the notice, the court shall
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dismiss the appeal, if it is satisfied
that the informality, defect or error was not
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a material one.
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(3) Where
the grounds upon which an appeal under this Act is brought include a
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ground specified in subsection (1)
(c) above, the appellant shall serve a copy of
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his notice of appeal on each other
person referred to in the notice of appeal.
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3 Removal
of graffiti at request of owner
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(1) Where
there is graffiti to which this section applies in the area of a local
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authority on a surface to which this
Act applies and the owner of the structure,
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apparatus or plant which includes that
surface requests that authority to
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remove or obliterate that graffiti,
the authority may do so and they may recover
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from the said owner the expenses reasonably
incurred by them in so doing.
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(2) Graffiti
to which this section applies includes any writing, letter, picture,
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device or representation, and any advertisement
within the meaning of the Act
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of 1990, other than an advertisement
for the display of which deemed or
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express consent has been granted under
the Act of 1990 or regulations made
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thereunder.
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4 Financial
provision
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There
shall be paid out of money provided by Parliament—
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(a) any
expenditure of the Secretary of State under this Act; and
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(b) any
increase attributable to this Act in the sums which under any other Act
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are
payable out of money so provided.
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5 Interpretation
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(1) In
this Act—
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“the
Act of 1990” means the Town and Country Planning Act 1990 (c. 8);
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“local
authority” means—
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(a) in
relation to England, a district council, a county council that is
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the
council for a county in which there are no district councils,
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a London
borough council, the Common Council of the City of
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London
or the Council of the Isles of Scilly, and
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(b) in
relation to Wales, a county council or a county borough
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council;
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“road”
has the same meaning as in the Road Traffic Regulation Act 1984
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(c.
27).
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(2) A
surface to which this Act applies is the surface of any land owned, occupied
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or controlled by a statutory undertaker
or of any building, structure,
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apparatus, plant or other object in
or on any such land.
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6 Short
title and extent
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(1) This
Act may be cited as the Street Furniture (Graffiti) Act 2003.
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(2) This
Act does not extend to Scotland and Northern Ireland.
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