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| 7 | Unauthorised advertisement hoardings |
| (1) | Section 11 (unauthorised advertisement hoardings, etc.) of the London Local Authorities Act 1995 (c. x) is amended as follows. |
| (a) | at the beginning, the words "Subject to subsection (1A) below" are inserted; |
| (b) | the words "or which was erected before 1 April 1990" are omitted. |
| (3) | After subsection (1), the following subsection is inserted— |
| "(1A) | This section does not apply to a hoarding or other structure which was erected before 1 April 1990, unless— |
| (a) | a discontinuance notice has been served in relation to it under regulations made under section 220 of the Act of 1990; and |
| (i) | the time for making an appeal in relation to the discontinuance notice under section 78 of the Act of 1990 (right to appeal against planning decisions and failure to take such decisions) has expired with no such appeal having been made; or |
| (ii) | an appeal in relation to the discontinuance notice under the said section 78 has been made, and the appeal has been discontinued or dismissed.". |
| 8 | Automatic minimum fine on third conviction for fly posting or shroud advertisement offence |
| (1) | Where a person is convicted of a fly posting or shroud advertisement offence committed in Greater London, the court by which he is convicted shall, if the circumstances specified in subsection (4) below are present, impose a fine, the level of which shall be a minimum of level 4 on the standard scale and a maximum of £20,000. |
| (2) | Subsection (1) above shall not apply where the court is of the opinion that there are particular circumstances which— |
| (a) | relate to any of the offences or to the offender; and |
| (b) | would make it unjust to do so in all the circumstances. |
| (3) | Section 224(3) of the Planning Act, insofar as it makes provision for the punishment of offenders, shall not apply where subsection (1) above applies. |
| (4) | The circumstances mentioned in subsection (1) above are that, during the five years ending with the date of the conviction, the person has been convicted of, in total, no fewer than three fly posting or shroud advertisement offences, providing that the conditions in subsections (5), (6) and (7) below are satisfied. |
| (5) | The first condition is that the first of the three convictions was in respect of an offence which was committed after the date on which this section came into force. |
| (6) | The second condition is that the second of the three convictions was in respect of an offence which was committed after the date of the first conviction. |
| (7) | The third condition is that the third of the three convictions was in respect of an offence which was committed after the date of the second conviction. |
| (8) | The Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) shall apply in Greater London as if in section 112(1)(a) (appeals where previous convictions set aside), after "or 111 above" the words "or under section 8(1) of the London Local Authorities Act 2007 (automatic minimum fine on third conviction for fly posting or shroud advertisement offence)" were inserted. |
| 9 | Certificates of conviction for purposes of section 8 |
| (a) | on any date after section 8 (automatic minimum fine on third conviction for fly posting or shroud advertisement offence) of this Act came into force a person is convicted of a fly posting or shroud advertisement offence; and |
| (b) | the court by or before which he is so convicted states in open court that he has been convicted of such an offence on that date; and |
| (c) | that court subsequently certifies that fact, |
the certificate shall be evidence, for the purposes of the said section 8, that he was convicted of such an offence on that date.
| (a) | on any date after the said section 8 came into force a person is convicted of a fly posting or shroud advertisement offence; and |
| (b) | the court by or before which he is so convicted states in open court that the offence was committed on a particular day or over, or at some time during, a particular period; and |
| (c) | that court subsequently certifies that fact, |
the certificate shall be evidence, for the purposes of the said section 8, that the offence was committed on that day or over, or at some time during, that period.
| 10 | Determination of day when offence committed |
Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of section 8 (automatic minimum fine on third conviction for fly posting or shroud advertisement offence) of this Act to have been committed on the last of those days.
| 11 | Advertising: measures to be taken on surfaces |
| (1) | If a borough council has reason to believe that there is a persistent problem with the display of unauthorised advertisements on a relevant surface, the council may serve a notice under subsection (3) below on the owner or occupier of the land in or on which the relevant surface is situated. |
| (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 relevant surface. |
| (3) | A notice under this subsection 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 land in or on which the relevant surface is situated to carry out such reasonable measures as may be required by the council to prevent or reduce the frequency of the display of unauthorised advertisements on the relevant surface. |
| (4) | 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. |
| (5) | 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. |
| (6) | The period within which an owner or occupier must comply with the requirements of a notice under subsection (3) above may be extended with the agreement of the council. |
| (7) | No council shall exercise their powers under this section until a code of practice dealing with the exercise of those powers has been published by a joint committee, and a council shall have regard to the code of practice when exercising those powers. |
| (8) | In preparing a code of practice to be published under subsection (7) above, the joint committee shall consult— |
| (a) | persons appearing to them to be representative of interests likely to be substantially affected by the exercise of powers under this section; and |
| (b) | such other persons as they consider appropriate. |
| (9) | A council may not recover their expenses under section 290(6) of the Public Health Act 1936 (provisions as to appeals against, and the enforcement of, notices requiring execution of works) in respect of a relevant surface, if the relevant surface— |
| (a) | forms part of a flat or a dwellinghouse; or |
| (b) | is within the curtilage or forms part of the boundary of the curtilage of a dwellinghouse. |
| (10) | In this section and section 12 (railway undertakers: provision for purposes of section 11) of this Act— |
"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;
"premises" means building, wall, fence or other structure or erection;
"relevant surface" means the surface of any premises, apparatus or plant;
"unauthorised advertisements" means advertisements in respect of which advertising offences are committed.
| 12 | Railway undertakers: provision for purposes of section 11 |
| (1) | Subsections (2) to (4) below apply where a borough council serve a notice under subsection (3) of section 11 (advertising: measures to be taken on surfaces) of this Act (a "section 11 notice") requiring a protected party to carry out measures in respect of the display of unauthorised advertisements on a relevant surface situated on its operational land. |
| (2) | The protected party may, within a period of 28 days beginning with the day on which the notice is served, serve a counter-notice on the council specifying alternative measures which will in their reasonable opinion have the effect of preventing or reducing the frequency of the display of unauthorised advertisements on the relevant surface to the same or greater extent than the measures specified in the notice. |
| (3) | Where a counter-notice is served under subsection (2) above, the section 11 notice shall be deemed— |
| (a) | to require the alternative measures specified in the counter-notice to be carried out (instead of the measures actually required by the notice); and |
| (b) | to have been served on the date on which the counter-notice was served. |
| (4) | The period within which a protected party must carry out the measures specified in a counter-notice served under subsection (2) above may be extended by agreement of the council. |
| (5) | Subsections (6) to (9) below apply where a council propose to exercise a relevant power in respect of any operational land of a protected party. |
| (6) | Before exercising the relevant power the council shall serve not less than 28 days' notice in writing of their intention so to do on the protected party specifying the relevant surface concerned and its location. |
| (7) | The protected party on whom a notice under subsection (6) above is served may within the period of 28 days beginning with the day on which the notice is served serve a counter-notice on the council— |
| (a) | specifying conditions subject to which the relevant power is to be exercised, being reasonable conditions which are necessary or expedient in the interests of safety or the efficient and economic operation of the protected party's undertaking; or |
| (b) | requiring the council to refrain from exercising the relevant power, if the protected party has reasonable grounds to believe, for reasons connected with the operation of its undertaking, that the relevant power cannot be exercised under the circumstances in question— |
| (i) | without risk to the safety of any person; or |
| (ii) | without unreasonable risk to the efficient and economic operation of the protected party's undertaking. |
| (8) | Where a counter-notice is served under subsection (7)(a) above the relevant power may only be exercised subject to and in accordance with the conditions in the counter-notice. |
| (9) | Where a counter-notice is served under subsection (7)(b) above the relevant power may not be exercised. |
"operational land" has the same meaning as in the Planning Act;
"protected party" means—
| (a) | Network Rail Infrastructure Limited; and |
and their subsidiaries (within the meaning given by section 1159 of the Companies Act 2006 (c. 46)), servants, agents and contractors;
"relevant power" means a power to enter land conferred by section 287 (power to enter premises) of the Public Health Act 1936 (c. 49) as applied by subsection (4) of the said section 11.
Advertising: seizure and forfeiture
| (1) | If an authorised officer or a constable has reasonable grounds for suspecting that a person has committed an advertising offence in Greater London and the conditions of subsection (2) below apply, the authorised officer or constable may seize any relevant object if the relevant object is in the possession of or under the control of that person at the time of the alleged offence. |
| (2) | The conditions are that the relevant object— |
| (a) | may be required to be used in evidence in any proceedings in respect of the suspected offence; or |
| (b) | may be the subject of forfeiture under section 16 (forfeiture of seized items) of this Act. |
| (3) | An authorised officer shall produce his authority if required to do so by the person having possession or control of any relevant object seized in pursuance of the powers in subsection (1) above. |
| (4) | An authorised officer or a constable shall, forthwith after seizing any relevant object under subsection (1) above, give to the person from whom the object was seized a certificate containing the following information— |
| (a) | the name and address of the person who the authorised officer or constable suspects has committed the suspected offence; |
| (b) | if different from the name and address of the person mentioned in paragraph (a) above, the name and address of the owner of the relevant object; |
| (c) | the type of object seized (including, in the case of a vehicle, its make and registration mark); and |
| (d) | information about subsection (2) of the said section 16. |
| (5) | If an authorised officer or constable— |
| (a) | is unable, after reasonable inquiry of the person who he suspects has committed the suspected offence, to ascertain the name or address of— |
| (ii) | the owner of the relevant object; or |
| (b) | has reasonable cause to suspect that a name or address provided to him is incorrect, |
he need not comply with paragraph (a) or (b), as the case may be, of subsection (4) above.
| (6) | The owner of a vehicle for the purposes of this section, shall be taken to be the person by whom the vehicle is kept. |
| (7) | In determining, for the purposes of this section, who was the owner of a vehicle at any time, it shall be presumed that the owner was the person in whose name the vehicle was at that time registered under the Vehicle Excise and Registration Act 1994 (c. 22). |
| 14 | Return and disposal of seized items |
| (1) | The following provisions of this section shall have effect where any relevant object is seized under subsection (1) of section 13 (advertising: seizure) of this Act and references in those provisions to proceedings are to proceedings in respect of the alleged offence in relation to which the relevant object is seized. |
| (2) | Subject to subsections (3) to (6) below, following the conclusion of the proceedings the relevant object shall be returned to the person from whom it was seized unless— |
| (a) | the court orders it to be forfeited under section 16 (forfeiture of seized items) of this Act; or |
| (b) | any award of costs to the council by the court, which may include removal, return and storage costs, have not been paid within 28 days of the making of the order. |
| (a) | at the end of the period of 56 days beginning with the date of seizure— |
| (i) | no proceedings have been instituted; or |
| (ii) | any proceedings instituted within that period have been discontinued; or |
| (b) | at any time after the end of that period any such proceedings are discontinued, |
the relevant object shall, at the appropriate time, be returned to the person from whom it was seized unless it has not proved possible, after diligent enquiry, to identify that person and ascertain his address.
| (4) | In subsection (3) above, "the appropriate time" means— |
| (a) | in the case of paragraph (a), the end of the period of 56 days mentioned in that paragraph; |
| (b) | in the case of paragraph (b), the time when proceedings are discontinued. |
| (5) | Where the relevant object is not returned because it has not proved possible to identify the person from whom it was seized and ascertain his address or because the person from whom it was seized or the owner has disclaimed or refused to accept it— |
| (a) | a magistrates' court may make an order as to the manner in which it should be dealt with (in the case where proceedings for an offence under this section have been commenced in relation to the article or thing); or |
| (b) | the council or the Police Commissioner may make a complaint to the magistrates' court for a disposal order under section 15 (disposal orders) of this Act (whether or not such proceedings have been commenced). |
| (6) | Where after 28 days any costs awarded by the court to the council have not been paid to the council in full— |
| (a) | the relevant object may be disposed of in any way the council thinks fit; and |
| (b) | any sum obtained by the council in excess of the costs awarded by the court shall be returned to the person to whom the relevant object belongs. |
| (7) | When any relevant object is disposed of by the council under subsection (6) above the council shall have a duty to secure the best possible price which can reasonably be obtained for it. |
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