|
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| |
| |
33 | Unlawful display of advertisements: defences |
| |
(1) | Section 224 of the Town and Country Planning Act 1990 (c. 8) (enforcement of |
| |
control as to advertisements) is amended as follows. |
| |
(2) | In subsection (5) (person not guilty of offence of displaying advertisement in |
| 5 |
contravention of regulations if he proves it was displayed without his |
| |
knowledge or consent), for “that it was displayed without his knowledge or |
| |
consent” substitute “either of the matters specified in subsection (6)”. |
| |
(3) | After that subsection insert— |
| |
“(6) | The matters are that— |
| 10 |
(a) | the advertisement was displayed without his knowledge; or |
| |
(b) | he took all reasonable steps to prevent the display or, after the |
| |
advertisement had been displayed, to secure its removal.” |
| |
(4) | This section does not have effect in relation to an offence committed, or alleged |
| |
to have been committed, before the commencement of this section. |
| 15 |
34 | Removal of placards and posters |
| |
(1) | Section 225 of the Town and Country Planning Act 1990 (power to remove or |
| |
obliterate placards and posters) is amended as follows. |
| |
(2) | In subsection (3)(b) after “notice” insert “and recover from him the costs they |
| |
may reasonably incur in doing so”. |
| 20 |
(3) | After subsection (5) insert— |
| |
| |
(a) | a local planning authority serve a notice on a person under |
| |
subsection (3) in relation to a placard or poster, and |
| |
(b) | the person fails to remove or obliterate it within the period |
| 25 |
| |
| the authority may recover from that person the costs they may |
| |
reasonably incur in exercising their power under subsection (1).” |
| |
(4) | After subsection (6) (as inserted by subsection (3) above) insert— |
| |
“(7) | This subsection applies in relation to a placard or poster where— |
| 30 |
(a) | the placard or poster does not identify the person who |
| |
displayed it or caused it to be displayed, or |
| |
(b) | it does do so, but subsection (3) does not apply by reason of |
| |
| |
| the placard or poster publicises the goods, services or concerns of an |
| 35 |
| |
(8) | Where subsection (7) applies, subsections (3) to (6) have effect as if the |
| |
reference in subsection (3) to the person who displayed the placard or |
| |
poster or caused it to be displayed were a reference to the person whose |
| |
goods, services or concerns are publicised.” |
| 40 |
| |
| |
|
| |
| |
(5) | After subsection (8) (as inserted by subsection (4) above) insert— |
| |
“(9) | Where any damage is caused to land or chattels in the exercise of the |
| |
power under subsection (1) in relation to a placard or poster, |
| |
compensation may be recovered by any person suffering the damage |
| |
from the local planning authority exercising the power. |
| 5 |
(10) | Subsection (9) does not permit the recovery of compensation by the |
| |
person who displayed the placard or poster or caused it to be |
| |
| |
(11) | The provisions of section 118 apply in relation to compensation under |
| |
subsection (9) as they apply in relation to compensation under Part 4.” |
| 10 |
(6) | In section 324 of that Act (rights of entry), omit subsection (3)(a). |
| |
| |
| |
| |
| 15 |
35 | Unregistered transport: defence of acting under employer’s instructions |
| |
(1) | In section 1 of the Control of Pollution (Amendment) Act 1989 (c. 14) (offence |
| |
of transporting controlled waste without registering), in subsection (4)— |
| |
(a) | at the end of paragraph (a), insert “or”; |
| |
(b) | omit paragraph (c) (defence of acting under employer’s instructions) |
| 20 |
| |
(2) | This section does not have effect in relation to an offence committed, or alleged |
| |
to have been committed, before the commencement of this section. |
| |
36 | Registration requirements and conditions |
| |
(1) | Section 2 of the Control of Pollution (Amendment) Act 1989 (power to make |
| 25 |
regulations about registration of carriers) is amended as follows. |
| |
| |
(a) | in paragraph (c), omit “free of charge”; |
| |
| |
(c) | in paragraph (e), omit “free of charge”. |
| 30 |
(3) | In subsection (3), omit paragraph (b) (provision as to form of applications). |
| |
| |
(a) | for “paragraphs (b) and (d)” substitute “paragraph (d)”; and |
| |
(b) | omit paragraph (a) (further provision as to form of application). |
| |
(5) | After subsection (4) insert— |
| 35 |
“(4A) | Regulations under this section may include provision for— |
| |
(a) | the registration of a person as a carrier of controlled waste to be |
| |
subject to conditions relating to the vehicles used by him in |
| |
transporting such waste; or |
| |
| |
| |
|
| |
| |
(b) | the revocation by a regulation authority of the registration of a |
| |
carrier of controlled waste who has breached a condition |
| |
imposed on him under paragraph (a) above. |
| |
(4B) | Provision contained in any regulations under this section by virtue of |
| |
subsection (4A) above may, in particular, include provision— |
| 5 |
(a) | for inspection by a regulation authority of the vehicles of |
| |
registered carriers of controlled waste for the purpose of |
| |
ensuring compliance with conditions imposed under |
| |
subsection (4A)(a) above; |
| |
(b) | for a regulation authority to impose charges on registered |
| 10 |
carriers of controlled waste in respect of such inspections.” |
| |
(6) | In subsection (5), for “to (4)” substitute “to (4B)”. |
| |
(7) | In section 3 of that Act (restrictions on power under section 2), in subsection (2), |
| |
after “except” insert “in accordance with regulations under subsection (4A) of |
| |
| 15 |
| |
For section 5 of the Control of Pollution (Amendment) Act 1989 (c. 14) |
| |
| |
“5 | Power to require production of authority, stop and search etc |
| |
(1) | This section applies where an authorised officer of a regulation |
| 20 |
authority or a constable reasonably believes that controlled waste has |
| |
been, is being or is about to be transported in contravention of section |
| |
| |
(2) | The authorised officer or constable may— |
| |
(a) | require any person appearing to him to be or to have been |
| 25 |
engaged in transporting that waste to produce his (or, as the |
| |
case may be, his employer’s) authority to do so; |
| |
(b) | search any vehicle that appears to him to be a vehicle that has |
| |
been, is being or is about to be used for transporting that waste; |
| |
(c) | carry out tests on anything found in any such vehicle (including |
| 30 |
by taking away samples for testing of anything so found); |
| |
(d) | seize any such vehicle and any of its contents. |
| |
(3) | For the purposes of subsection (2)(a) above, a person’s authority for |
| |
transporting controlled waste is— |
| |
(a) | his certificate of registration as a carrier of controlled waste; |
| 35 |
(b) | such copy of that certificate as satisfies requirements specified |
| |
in regulations made by the appropriate person; or |
| |
(c) | such evidence as may be so specified that he is not required to |
| |
be registered as a carrier of controlled waste. |
| |
(4) | Where an authorised officer or constable has required a person to |
| 40 |
produce an authority under subsection (2)(a) above, the person must |
| |
| |
(a) | by producing it forthwith to the authorised officer or constable; |
| |
(b) | by producing it at a place and within a period specified in |
| |
regulations made by the appropriate person; or |
| 45 |
(c) | by sending it to that place and within that period. |
| |
| |
| |
|
| |
| |
(5) | In acting under subsection (2) above an authorised officer or constable |
| |
| |
(a) | stop any vehicle as referred to in paragraph (b) of that |
| |
subsection (but only a constable in uniform may stop a vehicle |
| |
| 5 |
(b) | enter any premises for the purpose specified in paragraph (b) or |
| |
| |
(6) | A vehicle or its contents seized under subsection (2)(d) above— |
| |
(a) | by an authorised officer of a regulation authority, are seized on |
| |
behalf of that authority; |
| 10 |
(b) | by a constable in the presence of an authorised officer of a |
| |
regulation authority, are seized on behalf of that authority; |
| |
(c) | by a constable without such an officer present, are seized on |
| |
behalf of the waste collection authority in whose area the |
| |
| 15 |
(7) | A person commits an offence if— |
| |
(a) | he fails without reasonable excuse to comply with a |
| |
requirement imposed under paragraph (a) of subsection (2) |
| |
| |
(b) | he fails without reasonable excuse to give any assistance that an |
| 20 |
authorised officer or constable may reasonably request in the |
| |
exercise of a power under that subsection; |
| |
(c) | he otherwise intentionally obstructs an authorised officer or |
| |
constable in the exercise of a power under that subsection. |
| |
(8) | A person is not guilty of an offence by virtue of subsection (7)(a) above |
| 25 |
| |
(a) | that the waste in question was controlled waste; and |
| |
(b) | that the waste was or was being transported to or from a place |
| |
| |
(9) | Where an authorised officer or constable has stopped a vehicle under |
| 30 |
subsection (5) above, he may (in addition to any requirement that may |
| |
be imposed under paragraph (a) of subsection (2) above) require any |
| |
occupant of the vehicle to give him— |
| |
(a) | the occupant’s name and address; |
| |
(b) | the name and address of the registered owner of the vehicle; |
| 35 |
(c) | any other information he may reasonably request. |
| |
(10) | A person commits an offence if— |
| |
(a) | he fails without reasonable excuse to comply with a |
| |
requirement under subsection (9) above; |
| |
(b) | he gives information required under that subsection that is— |
| 40 |
(i) | to his knowledge false or misleading in a material way, |
| |
| |
(ii) | given recklessly and is false or misleading in a material |
| |
| |
(11) | A person guilty of an offence under this section is liable on summary |
| 45 |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
| |
| |
|
