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10 Nuisance from birds
| (1) | If in the opinion of a borough council the habitual nesting, roosting or alighting of birds on any part of a building or structure (including a bridge) fronting upon, crossing or overhanging a highway in the area of the council is a source of nuisance to pedestrians using that highway, the council may serve a notice under this section upon the owner or occupier of the building or structure.
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This subsection is subject to the provisions of the Wildlife and Countryside Act 1981 (c. 69) and to subsection (4) below.
| (2) | If after reasonable enquiry the council have been unable to ascertain the name and address of the owner or occupier, they may affix a notice to the building or structure.
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| (3) | A notice under this section is a notice requiring, within such reasonable time (not being less than 28 days) as may be specified in the notice, the owner or occupier of the building or structure to take measures for the purpose of preventing or minimising the habitual nesting, roosting or alighting of birds on the part of the building or structure concerned and the council may specify such measures in the notice.
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| (4) | The measures which may be specified in a notice under this section may include the erection of baffles, nets or wires or the laying of gel on the building or structure or other measures of a like nature but shall not include any method prohibited by the said Act of 1981.
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| (5) | The sections of the Public Health Act 1936 (c. 49) mentioned in Schedule 1 to this Act shall have effect as if references therein to that Act included references to this section.
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| (6) | This section shall have effect as if it were an Act or order to which section 42 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (which makes provision for certain local Acts and orders to be subject to the planning enactments) applies.
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| (7) | Subsections (8) to (10) below apply where a borough council serve a notice under this section on—
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| (a) | the British Railways Board, in respect of any bridge owned by the Board; or
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| (b) | any protected party in respect of its operational land,
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| | and the notice specifies measures to be taken for the purpose mentioned in subsection (3) above. |
| (8) | The party on whom a notice under this section is served may, within a period of 28 days beginning with the day on which the notice is served, serve a counter-notice on the borough council specifying alternative measures which will in their reasonable opinion have the effect of preventing or minimising the habitual nesting, roosting or alighting of birds on the part of the building or structure concerned to the same or greater extent than the measures specified in the notice.
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| (9) | Where a counter-notice is served under subsection (8) above, the notice served under subsection (1) above shall be deemed to specify the alternative measures specified in the counter-notice and shall be deemed to have been served on the date the counter-notice was served.
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| (10) | Where a counter-notice is served under subsection (8) above and, before the expiry of the period of 28 days beginning with the date on which the counter-notice is served, the council serves a further notice requiring further measures to be taken, the protected party shall comply with the further notice within such period as may be specified in the further notice.
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| (11) | The measures specified in any such further notice shall complement the measures specified in the counter-notice to which it relates.
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| (12) | The period within which—
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| (a) | an owner or occupier must comply with the requirements of a notice served under subsection (1) above; or
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| (b) | a protected party must comply with the requirements of—
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| (i) | a counter-notice served under subsection (8) above; or
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| (ii) | a further notice under subsection (10) above,
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| | may be extended with the agreement of the council. |
| (13) | In this section “protected party” means—
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| (a) | Network Rail Infrastructure Limited;
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| (b) | Transport for London;
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| (c) | the British Waterways Board;
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| (d) | the Port of London Authority,
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| | and their subsidiaries (within the meaning given by section 736 of the Companies Act 1985 (c. 6)), servants, agents and contractors. |
11 Dangerous structures and demolitions
| (1) | Section 81(1)(b) (Local Authority's power to serve notice about demolition) of the Act of 1984 shall have effect in the area of a borough council as if—
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| (a) | for the reference to an order made under section 77 (Dangerous building) of the Act of 1984 there were substituted a reference to an order made under section 64 (Proceedings to enforce compliance with notice) of the Act of 1939; and
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| (b) | for the reference to a notice given under section 79 (Ruinous and dilapidated buildings and neglected sites) of the Act of 1984 there were substituted a reference to an order under section 69 (Removal of dilapidated and neglected structures) of the Act of 1939.
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| (2) | Section 45 of the London Local Authorities Act 2000 (c. vii) is amended as follows—
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| (a) | in subsection (4), after “dangerous buildings)” the words “, section 78 (Dangerous building – emergency measures)” are inserted;
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| (b) | in subsection (5), the figures “77 to 80, 82, 83” are replaced by the figures “77 to 79”; and
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| (c) | in subsection (6), in the definition of “the London Building Acts”, the words “as amended” to the end are omitted.
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| (3) | A borough council may recover from a person on whom a notice is served under section 81 of the Act of 1984 any expenses reasonably incurred by them under that section, in addition to any expenses recoverable under section 99 of that Act.
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| (4) | Sections 107 to 110 of the Act of 1984 shall apply in respect of expenses recoverable under subsection (3) above as they apply in respect of expenses to which those sections apply.
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| (5) | In its application under subsection (4) above, for the reference in the said section 107 to the person who is the owner of the premises at the date on which the works were completed there shall be substituted a reference to the person on whom the notice under the said section 81 was served.
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“the Act of 1939” means the London Building Acts (Amendment) Act 1939 (c. xcvii);
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“the Act of 1984” means the Building Act 1984 (c. 55).
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12 Repair, etc., of vehicles on highways
| (1) | Subsection (2)(b) of section 5 (Repair, etc., of vehicles on highways) of the Greater London Council (General Powers) Act 1982 (c. i) is repealed.
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| (2) | After subsection (4) of that section, the following subsection is inserted—
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| "(4A) | A person shall not be convicted of an offence under this section if he proves to the satisfaction of the court that the works were carried out otherwise than—
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| "(a) | in the course of, or for the purposes of, a business; or
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| "(b) | for gain or reward.".
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13 Multiple dog-walking
| (1) | Any person who carries out multiple dog-walking on land to which this section applies—
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| (a) | without the written consent of the borough council; or
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| (b) | in breach of any condition subject to which the council's consent is given,
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| | shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. |
| (2) | The conditions of consent referred to in subsection (1) above include—
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| (a) | conditions as to the times or period for which the consent is valid;
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| (b) | conditions for the prevention of detriment to the amenities of the area;
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| (c) | a condition requiring the person carrying out the multiple dog-walking to produce his certificate of consent on demand to an authorised officer or to a constable;
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| (d) | conditions as to the part of the place designated under subsection (6) below where the consent is to apply;
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| (e) | conditions as to the number of dogs which may be walked;
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| (f) | conditions relating to training of the person carrying out the multiple dog-walking; and
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| (g) | conditions relating to his conduct when carrying it out.
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| (3) | A consent under this section may be revoked by notice to the person to whom the consent was given.
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| (4) | The grounds upon which a council may withhold consent under subsection (1) above, and may revoke a consent under subsection (3) above are that—
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| (a) | the applicant or holder of the consent, as the case may be—
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| (i) | is unsuitable by reason of misconduct; or
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| (ii) | has within the previous five years been convicted of an offence under this section;
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| (b) | (in the case of withholding of consent) there is already a sufficiency of persons to whom consent has been given under this section for carrying out in the designated place the activity in respect of which the consent is requested;
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| (c) | there would be a risk of danger or unreasonable inconvenience to users of land if the consent is given or, as the case may be, not revoked;
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| (d) | (in the case of a revocation) the holder of the consent has failed to avail himself of his consent, or to avail himself of it to a reasonable extent.
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| (5) | A person aggrieved by—
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| (a) | the withholding by the council of consent under subsection (4) above;
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| (b) | the conditions subject to which the council gave such consent; or
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| (c) | the revocation of such consent under subsection (3) above,
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| | may appeal to a magistrates' court by way of complaint for an order and on such an appeal the court may dismiss or allow the appeal or may vary any conditions imposed by the council. |
| (6) | A borough council may designate for the purposes of this section, in accordance with Schedule 2 to this Act, any public open space under their control or ownership as land to which this section applies.
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| (7) | A person carries out multiple dog-walking for the purposes of this section if he walks—
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| (a) | five dogs, of which more than two are off the lead;
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| (b) | six dogs, of which more than one is off the lead;
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| (c) | more than six dogs (whether or not off the lead),
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| | and the manner in which he himself proceeds is immaterial for those purposes. |
| (8) | Where a person makes an application for a consent under this section within four weeks of the date that this section comes into force, he may lawfully continue to carry out multiple dog-walking in the area of the council to which the application was made until the determination or withdrawal of that application and if an appeal is lodged until the determination or abandonment of the appeal.
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| (9) | This section and section 14 (Multiple dog-walking: fees for consents) of this Act apply in the area of a borough council as from the appointed day.
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| (10) | In this section “the appointed day” means such day as may be fixed in relation to a borough by resolution of the borough council, subject to and in accordance with the following provisions of this section.
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| (11) | The borough council shall cause to be published in a local newspaper circulating in their area and in the London Gazette notice—
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| (a) | of the passing of any such resolution and of a day fixed by it; and
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| (b) | the general effect of the provisions of this section and section 14 (Multiple dog-walking: fees for consents) of this Act coming into operation as from that day,
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| | and the day so fixed shall not be earlier than the expiration of three months from the publication of the said notice. |
| (12) | Either a photostatic or other reproduction certified by the officer appointed for that purpose by the borough council to be a true reproduction of a page or part of a page of any such newspaper or of the London Gazette bearing the date of its publication and containing any such notice shall be evidence of the publication of the notice, and of the date of publication.
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14 Multiple dog-walking: fees for consents
| (1) | The council may charge such reasonable fee for a consent under section 13 (Multiple dog-walking) of this Act as they think fit up to a maximum of £40 (or that sum as adjusted in accordance with subsection (3) below).
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| (2) | In setting the level of such fees the council shall take into consideration—
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| (a) | any reasonable costs incurred or expected to be incurred in connection with the administration of the provisions of that section; and
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| (b) | the cost or expected cost of enforcing the provisions of that section.
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| (3) | On 1st January 2005 and on 1st January in every successive year, the maximum fee which may be charged for giving a consent mentioned in subsection (1) above shall be adjusted, in line with any movement (calculated to one decimal place) in RPI which occurred during the year ended on 31st December immediately preceding that date.
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| (4) | In subsection (3) above, “RPI” means the general index of retail prices for all items published in the monthly publication of the Office for National Statistics known as “Monthly Digest of Statistics”, or any successor from time to time of that index.
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15 Defacement of buildings
| (1) | Section 12 (Defacement of buildings) of the London Local Authorities Act 1995 (c. x) is amended in accordance with this section.
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| (2) | In subsections (1)(a), (1)(b), (3) and (7) the words “, apparatus or plant” are inserted after “premises”.
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| (3) | In subsection (6), at the end, the words “and, subject to subsection (6A) below, they may recover from the said person the expenses reasonably incurred by them in so doing” are inserted.
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| (4) | After subsection (6) the following subsections are inserted—
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| "(6A) | The council may not recover their expenses under subsection (6) above in respect of a sign on a surface to which this section applies if the surface—
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| "(a) | forms part of a flat or a dwellinghouse; or
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| "(b) | is within the curtilage of or forms part of the boundary of the curtilage of a dwellinghouse.
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| "(6B) | In proceedings by the council against the person served with the notice for the recovery of any expenses which the council are entitled to recover from that person, it shall not be open to that person to raise any question which could have been raised on an appeal under this section.
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| "(6C) | Sections 291 and 293 of the Public Health Act 1936 (c. 49) shall have effect as if references therein to that Act included references to this section.
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| "(6D) | No council shall exercise their powers to recover expenses from any person under subsection (6) above until a code of practice dealing with the exercise of those powers has been published by a joint committee.".
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| (5) | In subsection (9), the words “premises, apparatus or plant” are substituted for “building, wall, fence or other structure or erection”.
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| (6) | After subsection (9) the following subsection is inserted—
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“dwellinghouse” does not include a building containing one or more flats, or a flat contained within such a building;
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“flat” means a separate and self-contained set of premises constructed or adapted for use for the purpose of a dwelling and forming part of a building from some other part of which it is divided horizontally;
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“joint committee” means any joint committee established under section 101(5) of the Local Government Act 1972 (c. 70) and comprising at least one member from each borough council;
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“premises” means building, wall, fence or other structure or erection.".
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