|
| |
|
| |
3 (1) | A principal litter authority may on the application of any person |
| |
consent to that person distributing free printed matter on any land |
| |
designated by the authority under this Schedule. |
| |
(2) | Consent under this paragraph may be given without limitation or |
| 5 |
| |
(a) | by reference to the material to be distributed; |
| |
(b) | by reference to a particular period, or particular times or |
| |
| |
(c) | by reference to any part of the designated land; |
| 10 |
(d) | to a particular distribution. |
| |
(3) | A principal litter authority need not give consent under this |
| |
paragraph to any applicant where it considers that the proposed |
| |
distribution would in all the circumstances be likely to lead to |
| |
defacement of the designated land. |
| 15 |
(4) | Consent need not be given to any applicant if within the period of |
| |
five years ending on the date of his application— |
| |
(a) | he has been convicted of an offence under paragraph 1 above; |
| |
| |
(b) | he has paid a fixed penalty under paragraph 7 below. |
| 20 |
(5) | Consent may be given under this paragraph subject to such |
| |
conditions as the authority consider necessary or desirable for— |
| |
(a) | protecting the designated land from defacement; or |
| |
(b) | the effective operation and enforcement of this Schedule. |
| |
(6) | The conditions which may be imposed by a principal litter authority |
| 25 |
under this paragraph include conditions requiring any person |
| |
distributing printed matter pursuant to consent given under this |
| |
paragraph to produce on demand written evidence of the consent to |
| |
an authorised officer of the authority. |
| |
(7) | Consent given by a principal litter authority under this paragraph |
| 30 |
may at any time be revoked (entirely or to any extent) by notice to the |
| |
person to whom it was given, where— |
| |
(a) | he has failed to comply with any condition subject to which it |
| |
| |
(b) | he is convicted of an offence under paragraph 1 above or pays |
| 35 |
a fixed penalty under paragraph 7 below. |
| |
(8) | Any condition imposed under this paragraph in relation to any |
| |
consent may be varied or revoked by notice given to the person to |
| |
whom the consent was given. |
| |
| 40 |
4 (1) | A principal litter authority may require the payment of a fee before |
| |
giving consent under paragraph 3 above. |
| |
(2) | The amount of a fee under this paragraph is to be such as the |
| |
authority may determine, but may not be more than, when taken |
| |
together with all other fees charged by the authority under this |
| 45 |
|
| |
|
| |
|
paragraph, is reasonable to cover the costs of operating and |
| |
| |
| |
5 (1) | Any person aggrieved by a decision of a principal litter authority |
| |
| 5 |
| |
(b) | to impose any limitation or condition subject to which |
| |
| |
(c) | to revoke consent (or to revoke it to any extent), |
| |
| may appeal against the decision to a magistrates’ court. |
| 10 |
(2) | A magistrates’ court may on an appeal under this paragraph— |
| |
(a) | uphold any refusal of consent or require the authority to |
| |
grant consent (without limitation or condition or subject to |
| |
any limitation or condition); |
| |
(b) | require the authority to revoke or vary any condition; |
| 15 |
(c) | uphold or quash revocation of consent (or uphold or quash |
| |
revocation to any extent). |
| |
| |
6 (1) | Where it appears to an authorised officer of a principal litter |
| |
authority that a person distributing any printed matter is committing |
| 20 |
an offence under paragraph 1 above, he may seize all or any of it. |
| |
(2) | Any person claiming to own any printed matter seized under this |
| |
paragraph may apply to a magistrates’ court for an order that the |
| |
printed matter be released to him. |
| |
(3) | On an application under sub-paragraph (2) above, if the magistrates’ |
| 25 |
court considers that the applicant does own the printed matter, the |
| |
court shall order the principal litter authority to release it to him, |
| |
except to the extent that the court considers that the authority needs |
| |
to retain it for the purposes of proceedings relating to an offence |
| |
| 30 |
(4) | Any printed matter seized under this paragraph (and not released |
| |
under sub-paragraph (3) above) must be returned to the person from |
| |
| |
(a) | at the conclusion of proceedings for the offence (unless the |
| |
| 35 |
(b) | at the end of the period in which proceedings for the offence |
| |
may be instituted, if no such proceedings have been |
| |
instituted in that period (or have been instituted but |
| |
| |
(5) | Where it is not possible to return any printed matter under sub- |
| 40 |
paragraph (4) above because the name and address of the person |
| |
from whom it was seized are not known, a principal litter authority |
| |
may dispose of or destroy it. |
| |
|
| |
|
| |
|
| |
7 (1) | This paragraph applies where on any occasion it appears to an |
| |
authorised officer of a principal litter authority that a person has |
| |
committed an offence under paragraph 1 above on any land |
| |
designated by the authority under this Schedule. |
| 5 |
(2) | The authorised officer may give that person a notice offering him the |
| |
opportunity of discharging any liability to conviction for the offence |
| |
by payment of a fixed penalty to the principal litter authority. |
| |
(3) | Subsections (2) to (5) of section 88 above apply to in relation to |
| |
notices given under this paragraph as they apply to notices under |
| 10 |
| |
(4) | The amount of the fixed penalty payable to a principal litter |
| |
authority under this paragraph— |
| |
(a) | is the amount specified by the authority in relation to its area; |
| |
| 15 |
(b) | if no amount is so specified, is £75. |
| |
(5) | The principal litter authority to which a fixed penalty is payable |
| |
under this paragraph may make provision for treating it as having |
| |
been paid if a lesser amount is paid before the end of a period |
| |
specified by the authority. |
| 20 |
(6) | In any proceedings a certificate which— |
| |
(a) | purports to be signed on behalf of the chief finance officer of |
| |
a principal litter authority, and |
| |
(b) | states that payment of a fixed penalty was or was not |
| |
received by a date specified in the certificate, |
| 25 |
| is evidence of the facts stated. |
| |
(7) | If an authorised officer of a principal litter authority proposes to give |
| |
a person a notice under this paragraph, the officer may require the |
| |
person to give him his name and address. |
| |
(8) | A person commits an offence if— |
| 30 |
(a) | he fails to give his name and address when required to do so |
| |
under sub-paragraph (7) above; or |
| |
(b) | he gives a false or inaccurate name or address in response to |
| |
a requirement under that sub-paragraph. |
| |
(9) | A person guilty of an offence under sub-paragraph (8) above is liable |
| 35 |
on summary conviction to a fine not exceeding level 3 on the |
| |
| |
(10) | In this paragraph, “chief finance officer”, in relation to a principal |
| |
litter authority, means the person having responsibility for the |
| |
financial affairs of that authority. |
| 40 |
| |
8 | In this Schedule “authorised officer”, in relation to a principal litter |
| |
| |
|
| |
|
| |
|
(a) | an employee of the authority who is authorised in writing by |
| |
the authority for the purpose of giving notices under |
| |
| |
(b) | any person who, in pursuance of arrangements made with |
| |
the authority, has the function of giving such notices and is |
| 5 |
authorised in writing by the authority to perform that |
| |
| |
(c) | any employee of such a person who is authorised in writing |
| |
by the authority for the purpose of giving such notices.” |
| |
| 10 |
24 | Fixed penalty notices: common provision |
| |
After section 97 of the Environmental Protection Act 1990 (c. 43) insert— |
| |
“97A | Fixed penalty notices: supplementary |
| |
(1) | The appropriate person may by regulations make provision in |
| |
connection with the powers conferred under— |
| 15 |
(a) | section 88(6A)(a) and (7) above; |
| |
(b) | section 94A(4)(a) and (5) above; |
| |
(c) | paragraph 7(4)(a) and (5) of Schedule 3A. |
| |
(2) | Regulations under subsection (1) may (in particular)— |
| |
(a) | require an amount specified under section 88(6A)(a), 94A(4)(a) |
| 20 |
or paragraph 7(4)(a) of Schedule 3A to fall within a range |
| |
prescribed in the regulations; |
| |
(b) | restrict the extent to which, and the circumstances in which, an |
| |
authority can make provision under section 88(7), 94A(5) or |
| |
paragraph 7(5) of Schedule 3A. |
| 25 |
(3) | The appropriate person may by order substitute a different amount for |
| |
the amount for the time being specified in section 88(6A)(b), 94A(4)(b) |
| |
or paragraph 7(4)(b) of Schedule 3A. |
| |
(4) | Regulations or an order under this section may make different |
| |
provision for different purposes.” |
| 30 |
25 | Exclusion of liability |
| |
In the Environmental Protection Act 1990, after section 97A (as inserted by |
| |
section 24 above) insert— |
| |
“97B | Exclusion of liability |
| |
(1) | None of the persons mentioned in subsection (2) below is to have any |
| 35 |
liability to an occupier or owner of land for damages or otherwise |
| |
(whether at common law or otherwise) arising out of anything done or |
| |
omitted to be done in the exercise or purported exercise of the power in |
| |
section 92(9), 92A(9) or 92C(3) above. |
| |
| 40 |
(a) | the principal litter authority and any employee of the authority; |
| |
| |
|
| |
|
| |
|
(b) | in the case of the power in section 92C(3) above, any person |
| |
authorised by the authority under that provision and the |
| |
employer or any employee of that person. |
| |
(3) | Subsection (1) above does not apply— |
| |
(a) | if the act or omission is shown to be in bad faith; |
| 5 |
(b) | to liability arising out of a failure to exercise due care and |
| |
| |
(c) | so as to prevent an award of damages in respect of an act or |
| |
omission on the ground that the act or omission was unlawful |
| |
by virtue of section 6(1) of the Human Rights Act 1998. |
| 10 |
(4) | This section does not affect any other exemption from liability (whether |
| |
at common law or otherwise).” |
| |
| |
In section 98 of the Environmental Protection Act 1990 (c. 43) (definitions), after |
| |
| 15 |
“(1A) | “Appropriate person” means— |
| |
(a) | in relation to England, the Secretary of State; |
| |
(b) | in relation to Wales, the National Assembly for Wales.” |
| |
| |
In section 98 of the Environmental Protection Act 1990 (definitions), after |
| 20 |
| |
| |
(a) | the discarded ends of cigarettes, cigars and like products, and |
| |
(b) | discarded chewing-gum and the discarded remains of other |
| |
products designed for chewing.” |
| 25 |
| |
Graffiti and other defacement |
| |
| |
28 | Fixed penalty notices: amount of fixed penalty |
| |
(1) | In section 43 of the Anti-social Behaviour Act 2003 (c. 38) (penalty notices for |
| 30 |
graffiti and fly-posting) omit subsections (10) and (11). |
| |
(2) | After that section insert— |
| |
| |
(1) | The amount of a penalty payable in pursuance of a notice under section |
| |
| 35 |
(a) | is the amount specified by a relevant local authority in relation |
| |
to its area (whether or not the penalty is payable to that or |
| |
| |
(b) | if no amount is so specified, is £75. |
| |
|
| |
|
| |
|
(2) | In subsection (1)(a), “relevant local authority” means— |
| |
(a) | a district council in England; |
| |
(b) | a county council in England for an area for which there is no |
| |
| |
(c) | a London borough council; |
| 5 |
(d) | the Common Council of the City of London; |
| |
(e) | the Council of the Isles of Scilly; |
| |
(f) | a county or county borough council in Wales. |
| |
(3) | The local authority to which a penalty is payable in pursuance of a |
| |
notice under section 43(1) may make provision for treating it as having |
| 10 |
been paid if a lesser amount is paid before the end of a period specified |
| |
| |
(4) | The appropriate person may by regulations make provision in |
| |
connection with the powers conferred under subsections (1)(a) and (3). |
| |
(5) | Regulations under subsection (4) may (in particular)— |
| 15 |
(a) | require an amount specified under subsection (1)(a) to fall |
| |
within a range prescribed in the regulations; |
| |
(b) | restrict the extent to which, and the circumstances in which, a |
| |
local authority can make provision under subsection (3). |
| |
(6) | The appropriate person may by order substitute a different amount for |
| 20 |
the amount for the time being specified in subsection (1)(b).” |
| |
29 | Fixed penalty notices: power to require name and address |
| |
After section 43A of the Anti-social Behaviour Act 2003 (c. 38) (as inserted by |
| |
section 28 above) insert— |
| |
“43B | Penalty notices: power to require name and address |
| 25 |
(1) | If an authorised officer of a local authority proposes to give a person a |
| |
notice under section 43(1), the officer may require the person to give |
| |
him his name and address. |
| |
(2) | A person commits an offence if— |
| |
(a) | he fails to give his name and address when required to do so |
| 30 |
| |
(b) | he gives a false or inaccurate name or address in response to a |
| |
requirement under that subsection. |
| |
(3) | A person guilty of an offence under subsection (2) is liable on summary |
| |
conviction to a fine not exceeding level 3 on the standard scale.” |
| 35 |
30 | Fixed penalty notices: authorised officers |
| |
(1) | In section 47 of the Anti-social Behaviour Act 2003 (c. 38) (interpretation etc), |
| |
in subsection (1), for the definition of “authorised officer” substitute— |
| |
““authorised officer”, in relation to a local authority, means— |
| |
(a) | an employee of the authority who is authorised in |
| 40 |
writing by the authority for the purpose of giving |
| |
notices under section 43(1); |
| |
|
| |
|
| |
|
(b) | any person who, in pursuance of arrangements made |
| |
with the authority, has the function of giving such |
| |
notices and is authorised in writing by the authority to |
| |
perform that function; and |
| |
(c) | any employee of such a person who is authorised in |
| 5 |
writing by the authority for the purpose of giving such |
| |
| |
(2) | In that section, at the end insert— |
| |
“(4) | The appropriate person may by regulations prescribe conditions to be |
| |
satisfied by a person before a parish or community council may |
| 10 |
authorise him in writing for the purpose of giving notices under section |
| |
| |
31 | Extension of graffiti removal notices to fly-posting |
| |
(1) | Section 48 of the Anti-social Behaviour Act 2003 (c. 38) (graffiti removal |
| |
notices) is amended as follows. |
| 15 |
(2) | In subsection (1)(a) (section to apply where a relevant surface has been defaced |
| |
by graffiti), after “graffiti” insert “or fly-posting (or both)”. |
| |
(3) | In subsection (12) (definitions), at the appropriate place insert— |
| |
““fly-posting” means any poster or flyer designed for the purposes |
| |
of advertising, announcement or direction which is affixed |
| 20 |
without authorisation to any surface,”. |
| |
32 | Sale of aerosol paint to children |
| |
In the Anti-social Behaviour Act 2003 (c. 38), after section 54 (sale of aerosol |
| |
paint to children) insert— |
| |
“54A | Enforcement of section 54 |
| 25 |
(1) | It is the duty of every local weights and measures authority— |
| |
(a) | to consider, at least once in every period of twelve months, the |
| |
extent to which it is appropriate for the authority to carry out in |
| |
their area a programme of enforcement action in relation to |
| |
| 30 |
(b) | to the extent that they consider it appropriate to do so, carry out |
| |
| |
(2) | For the purposes of subsection (1), a programme of enforcement action |
| |
in relation to section 54 is a programme involving all or any of the |
| |
| 35 |
(a) | the bringing of prosecutions in respect of offences under that |
| |
| |
(b) | the investigation of complaints in respect of alleged offences |
| |
| |
(c) | the taking of other measures intended to reduce the incidence of |
| 40 |
offences under that section.” |
| |
|
| |
|