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Confer further powers on local authorities for the regulation of street trading |
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by pedlars; 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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In this Act, except where the context otherwise requires— |
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"the Act of 1982" means the Local Government (Miscellaneous Provisions) |
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"authorised officer" means an officer of the council authorised by the |
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council in writing to act for the purposes of this Act; |
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"the chief constable" means the Chief Constable of the local police force; |
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"the council" means a district council; |
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"equipment" means equipment used for the purposes of street trading; |
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"proper officer" has the same meaning as in section 270(3) of the Local |
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Government Act 1972 (c. 70); |
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(a) | any vehicle, trailer or barrow; and |
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(b) | any basket, bag, box, vessel, stall, stand, easel, board, tray or |
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other thing, which is used (whether or not constructed or |
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adapted for such use) as a container for or for the display of any |
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"a relevant offence" means an offence— |
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(a) | under paragraph 10 of Schedule 4 to the Act of 1982; or |
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(b) | of aiding, abetting, counselling or procuring the commission of |
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an offence under that paragraph, |
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committed on or after the appointed day fixed for the purpose of the |
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application of section 4 (street trading: seizure) of this Act. |
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2 | Application and appointed day |
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(1) | This Act applies so long as any resolution by the council under section 3 of the |
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Act of 1982 remains in force. |
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(2) | In this Act "the appointed day" means such day as may be fixed by resolution |
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of the council, subject to and in accordance with the provisions of this section. |
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(3) | Different days may be fixed under this section for the purpose of the |
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application of different provisions of this Act. |
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(4) | The council shall cause to be published in at least two newspapers circulating |
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in their district notice— |
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(a) | of the passing of any such resolution and of a day fixed by them; and |
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(b) | of the general effect of the provisions of this Act coming into operation |
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and the day so fixed shall not be earlier than the expiration of one month from |
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the publication of that notice. |
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(5) | A photostatic or any other reproduction certified by a proper officer of the |
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council to be a true reproduction of a page or part of a page of any such |
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(a) | bearing the date of its publication; and |
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(b) | containing any such notice, |
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shall be evidence of the publication of the notice and of the date of publication. |
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In their application to the district of the council, the provisions of Schedule 4 to |
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the Act of 1982 shall on and from the appointed day apply as if in paragraph |
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1(2)(a) of that Schedule there were inserted, after the reference to the Pedlars |
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Act 1871 (c. 96), the words ", if the trading is carried out only by means of visits |
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4 | Street trading: seizure |
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(1) | Subject to the following provisions of this section, if on or after the appointed |
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day an authorised officer or a constable has reasonable grounds for suspecting |
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that a person has committed a relevant offence, the authorised officer or |
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(a) | any article in relation to which he suspects an offence has been |
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committed and which is being offered or exposed for sale or displayed; |
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(b) | any other article which— |
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(i) | is in the possession of or under the control of any person who is |
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offering or exposing for sale or displaying an article; and |
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(ii) | which is of a similar nature to the article being offered or |
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exposed for sale or displayed, as the case may be; or |
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(c) | any receptacle or equipment being used by that person. |
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(2) | No article, receptacle or equipment shall be seized under subsection (1) above |
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unless the conditions of subsection (3) below apply. |
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(3) | The conditions are that the article, receptacle or equipment— |
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(i) | required to be used in evidence in any proceedings in respect of |
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the suspected offence; or |
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(ii) | the subject of forfeiture under section 6 (forfeiture of seized |
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(b) | in the case of an article is not of a perishable nature. |
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(4) | An authorised officer shall produce his authority if required to do so by the |
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person having care or control of anything seized in pursuance of the powers in |
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(5) | An authorised officer or a constable shall, forthwith after seizing any article, |
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receptacle or equipment under subsection (1) above, give to the person from |
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whom the article, receptacle or equipment was seized a certificate containing |
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the following information— |
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(a) | the name and address of the person who the authorised officer or |
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constable suspects has committed the suspected offence; |
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(b) | if different from the name and address of the person mentioned in |
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paragraph (a) above, the name and address of the owner of the article, |
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(c) | the type of article, receptacle or equipment seized; and |
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(d) | information about subsection (2) of section 6 (forfeiture of seized items) |
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(6) | If an authorised officer or constable is unable, after reasonable inquiry of the |
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person who he suspects has committed the suspected offence, to ascertain the |
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(b) | the owner of the article, receptacle or equipment, |
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| or has reasonable cause to suspect that a name or address provided to him is |
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incorrect, he need not comply with paragraph (a) or (b), as the case may be, of |
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(7) | The authorised officer or constable shall, before the end of the period of 14 days |
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beginning with the date of seizure, give or serve a copy of the certificate to or |
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on any person who is named on the certificate under paragraph (b) of |
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subsection (5) above at the address shown on the certificate. |
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5 | Return and disposal of seized items |
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(1) | The following provisions of this section shall have effect where any article, |
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receptacle or equipment is seized under subsection (1) of section 4 (street |
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trading: seizure) of this Act and references in those provisions to proceedings |
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are to proceedings in respect of the alleged offence in relation to which the |
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article, receptacle or equipment is seized. |
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(2) | Subject to subsections (3) to (6) below, following the conclusion of the |
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proceedings the article, receptacle or equipment shall be returned to the person |
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from whom it was seized unless— |
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(a) | the court orders it to be forfeited under section 6 (forfeiture of seized |
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(b) | any award of costs to the council by the court, which may include |
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removal, return and storage costs, have not been paid within 28 days of |
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(a) | at the end of the period of 56 days beginning with the date of seizure— |
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(i) | no proceedings have been instituted; or |
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(ii) | any proceedings instituted within that period have been |
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(b) | at any time after the end of that period any such proceedings are |
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the article, receptacle or equipment shall, at the appropriate time, be returned |
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to the person from whom it was seized unless it has not proved possible, after |
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diligent enquiry, to identify that person and ascertain his address. |
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(4) | In subsection (3) above, "the appropriate time" means— |
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(a) | in the case of paragraph (a), the end of the period of 56 days mentioned |
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(b) | in the case of paragraph (b), the time when proceedings are |
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(5) | Where the article, receptacle or equipment is not returned because it has not |
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proved possible to identify the person from whom it was seized and ascertain |
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his address, the council or the chief constable (whether the article or thing was |
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seized by an authorised officer or a constable) may apply to a magistrates' court |
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for an order as to the manner in which it should be dealt with. |
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(6) | Where after the expiry of the period of 28 days mentioned in subsection (2)(b) |
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above any costs awarded by the court to the council have not been paid to the |
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(a) | the article, receptacle or equipment may be disposed of in any way the |
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(b) | any sum obtained by the council in excess of the costs awarded by the |
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court shall be paid to the person to whom the article, receptacle or |
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(7) | When any article, receptacle or equipment is disposed of by the council under |
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subsection (6) above the council shall secure the best possible price which can |
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reasonably be obtained for it. |
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6 | Forfeiture of seized items |
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(1) | Subject to subsection (2) below, the court by or before which a person is |
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convicted of a relevant offence may on or after the appointed day order any |
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article, receptacle or equipment— |
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(a) | produced to the court; and |
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(b) | shown to the satisfaction of the court to relate to the offence, to be |
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forfeited and dealt with in such a manner as the court may order. |
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(2) | The court shall not order any article, receptacle or equipment to be forfeited |
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under subsection (1) above where a person claiming to be the owner of or |
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otherwise interested in it applies to be heard by the court, unless an |
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opportunity has been given to him to show cause why the order should not be |
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(3) | In considering whether to make an order under subsection (1) above a court |
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(a) | to the value of the article, receptacle or equipment; and |
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(b) | to the likely financial and other effects on— |
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(ii) | the owner of the article, receptacle or equipment, of the making |
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of the order (taken together with any other order that the court |
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7 | Compensation where seizure unlawful |
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(1) | Subsection (2) below shall have effect where— |
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(a) | any article, receptacle or equipment is seized under subsection (1) of |
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section 4 (street trading: seizure) of this Act; and |
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(b) | any of the following applies— |
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(i) | not less than six months have passed since the date of the |
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seizure and no information has been laid against any person for |
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a relevant offence in respect of the act or circumstances which |
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(ii) | proceedings for a relevant offence have been brought and the |
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person charged has been acquitted (whether or not on appeal) |
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and the time for appealing against or challenging the acquittal |
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(where applicable) has expired without an appeal or challenge |
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(iii) | proceedings for a relevant offence have been brought and the |
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proceedings (including any appeal) have been withdrawn by, |
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or have failed for want of prosecution by, the person by whom |
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the proceedings were brought. |
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(2) | Where this subsection has effect a person who has or at the time of seizure had |
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a legal interest in the article, receptacle or equipment seized may recover |
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compensation from the council or (where it is seized by a constable) the chief |
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constable by civil action in the county court in respect of any loss suffered by |
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him as a result of the seizure. |
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(3) | The court may only make an order for compensation under subsection (2) |
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above if satisfied that seizure was not lawful under section 4 (street trading: |
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8 | Short title, extent and commencement |
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(1) | This Act may be cited as the Pedlars (Street Trading Regulation) Act 2007. |
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(2) | This Act extends to England and Wales only. |
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(3) | This Act comes into force at the end of the period of 2 months beginning with |
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the day on which it is passed. |
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|
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Pedlars (Street Trading Regulation) Bill |
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To Confer further powers on local authorities for the regulation of street |
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trading by pedlars; and for connected purposes. |
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| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Ordered, by The House of Commons, |
| | | | | to be Printed, 21st February 2007. |
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© Parliamentary copyright House of Commons 2007
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Applications for reproduction should be made in writing to the Copyright Unit,
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Her Majesty’s Stationery Office, St. Clements House, 2-16 Colegate, Norwich, NR3 1BQ
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PUBLISHED BY AUTHORITY OF THE House of Commons
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LONDON — THE STATIONERY OFFICE LIMITED
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Printed in the United Kingdom by
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