|
|
|
|
|
|
|
|
|
|
|
|
Confer
further powers on local authorities for the regulation of street
trading
|
|
|
by pedlars; and for connected
purposes.
|
|
|
Be
it enacted by the Queen’s most Excellent Majesty, by
and with the advice and
|
|
|
consent of the Lords Spiritual
and Temporal, and Commons, in this present
|
|
|
Parliament assembled, and by
the authority of the same, as follows:—
|
|
|
|
|
In this Act, except where the
context otherwise requires—
|
|
|
"the Act of 1982" means the
Local Government (Miscellaneous Provisions)
|
|
|
|
|
"authorised officer" means
an officer of the council authorised by the
|
|
5
|
council in writing to act for
the purposes of this Act;
|
|
|
"the chief constable" means
the Chief Constable of the local police force;
|
|
|
"the council" means a district
council;
|
|
|
"equipment" means equipment
used for the purposes of street trading;
|
|
|
"proper officer" has the same
meaning as in section 270(3) of the Local
|
|
10
|
Government Act 1972 (c. 70);
|
|
|
|
|
(a)
|
any vehicle, trailer or
barrow; and
|
|
|
(b)
|
any basket, bag, box, vessel,
stall, stand, easel, board, tray or
|
|
|
other thing, which is used
(whether or not constructed or
|
|
15
|
adapted for such use) as
a container for or for the display of any
|
|
|
|
|
"a relevant offence" means an
offence—
|
|
|
(a)
|
under paragraph 10 of Schedule
4 to the Act of 1982; or
|
|
|
(b)
|
of aiding, abetting, counselling
or procuring the commission of
|
|
20
|
an offence under that paragraph,
|
|
|
committed on or after the appointed day fixed for the purpose of
the
|
|
|
application of section 4 (street
trading: seizure) of this Act.
|
|
|
|
|
|
|
|
|
|
|
|
2
|
Application
and appointed day
|
|
|
(1)
|
This Act applies so long as
any resolution by the council under section 3 of the
|
|
|
Act of 1982 remains in force.
|
|
|
(2)
|
In this Act "the appointed day"
means such day as may be fixed by resolution
|
|
|
of the council, subject to and
in accordance with the provisions of this section.
|
|
5
|
(3)
|
Different days may be fixed
under this section for the purpose of the
|
|
|
application of different provisions
of this Act.
|
|
|
(4)
|
The council shall cause to be
published in at least two newspapers circulating
|
|
|
in their district notice—
|
|
|
(a)
|
of the passing of any such resolution
and of a day fixed by them; and
|
|
10
|
(b)
|
of the general effect of the
provisions of this Act coming into operation
|
|
|
|
|
and the day so fixed shall not be earlier than the expiration of
one month from
|
|
|
the publication of that notice.
|
|
|
(5)
|
A photostatic or any other reproduction
certified by a proper officer of the
|
|
15
|
council to be a true reproduction
of a page or part of a page of any such
|
|
|
|
|
(a)
|
bearing the date of its publication;
and
|
|
|
(b)
|
containing any such notice,
|
|
|
shall be evidence of the publication of the notice and of the date
of publication.
|
|
20
|
|
|
In their application to the
district of the council, the provisions of Schedule 4 to
|
|
|
the Act of 1982 shall on and
from the appointed day apply as if in paragraph
|
|
|
1(2)(a) of that Schedule there
were inserted, after the reference to the Pedlars
|
|
|
Act 1871 (c. 96), the words ",
if the trading is carried out only by means of visits
|
|
25
|
|
|
4
|
Street
trading: seizure
|
|
|
(1)
|
Subject to the following provisions
of this section, if on or after the appointed
|
|
|
day an authorised officer or
a constable has reasonable grounds for suspecting
|
|
|
that a person has committed a
relevant offence, the authorised officer or
|
|
30
|
|
|
(a)
|
any article in relation to which
he suspects an offence has been
|
|
|
committed and which is being offered
or exposed for sale or displayed;
|
|
|
|
|
(b)
|
any other article which—
|
|
35
|
(i)
|
is in the possession of or
under the control of any person who is
|
|
|
offering or exposing for sale
or displaying an article; and
|
|
|
(ii)
|
which is of a similar nature
to the article being offered or
|
|
|
exposed for sale or displayed,
as the case may be; or
|
|
|
(c)
|
any receptacle or equipment being
used by that person.
|
|
40
|
(2)
|
No article, receptacle or equipment
shall be seized under subsection (1) above
|
|
|
unless the conditions of subsection
(3) below apply.
|
|
|
(3)
|
The conditions are that the article,
receptacle or equipment—
|
|
|
|
|
|
|
|
|
|
|
|
(i)
|
required
to be used in evidence in any proceedings in respect of
|
|
|
the suspected offence; or
|
|
|
(ii)
|
the subject of forfeiture
under section 6 (forfeiture of seized
|
|
|
|
|
(b)
|
in the case of an article is not
of a perishable nature.
|
|
5
|
(4)
|
An authorised officer shall
produce his authority if required to do so by the
|
|
|
person having care or control
of anything seized in pursuance of the powers in
|
|
|
|
|
(5)
|
An authorised officer or a constable
shall, forthwith after seizing any article,
|
|
|
receptacle or equipment under
subsection (1) above, give to the person from
|
|
10
|
whom the article, receptacle
or equipment 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
|
|
15
|
paragraph (a) above, the name
and address of the owner of the article,
|
|
|
|
|
(c)
|
the type of article, receptacle
or equipment seized; and
|
|
|
(d)
|
information about subsection
(2) of section 6 (forfeiture of seized items)
|
|
|
|
20
|
(6)
|
If an authorised officer or
constable is unable, after reasonable inquiry of the
|
|
|
person who he suspects has committed
the suspected offence, to ascertain the
|
|
|
|
|
|
|
(b)
|
the owner of the article, receptacle
or equipment,
|
|
25
|
|
or
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
|
|
|
|
|
(7)
|
The authorised officer or constable
shall, before the end of the period of 14 days
|
|
|
beginning with the date of seizure,
give or serve a copy of the certificate to or
|
|
30
|
on any person who is named on
the certificate under paragraph (b) of
|
|
|
subsection (5) above at the address
shown on the certificate.
|
|
|
5
|
Return
and disposal of seized items
|
|
|
(1)
|
The following provisions of
this section shall have effect where any article,
|
|
|
receptacle or equipment is seized
under subsection (1) of section 4 (street
|
|
35
|
trading: 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
|
|
|
article, receptacle or equipment
is seized.
|
|
|
(2)
|
Subject to subsections (3) to
(6) below, following the conclusion of the
|
|
|
proceedings the article, receptacle
or equipment shall be returned to the person
|
|
40
|
from whom it was seized unless—
|
|
|
(a)
|
the court orders it to be forfeited
under section 6 (forfeiture of seized
|
|
|
|
|
(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
|
|
45
|
|
|
|
|
|
|
|
|
|
|
|
(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
|
|
|
|
|
(b)
|
at any time after the end of
that period any such proceedings are
|
|
5
|
|
|
the article, receptacle or equipment 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—
|
|
10
|
(a)
|
in the case of paragraph (a),
the end of the period of 56 days mentioned
|
|
|
|
|
(b)
|
in the case of paragraph (b),
the time when proceedings are
|
|
|
|
|
(5)
|
Where the article, receptacle
or equipment is not returned because it has not
|
|
15
|
proved possible to identify the
person from whom it was seized and ascertain
|
|
|
his address, the council or the
chief constable (whether the article or thing was
|
|
|
seized by an authorised officer
or a constable) may apply to a magistrates' court
|
|
|
for an order as to the manner
in which it should be dealt with.
|
|
|
(6)
|
Where after the expiry of the
period of 28 days mentioned in subsection (2)(b)
|
|
20
|
above any costs awarded by the
court to the council have not been paid to the
|
|
|
|
|
(a)
|
the article, receptacle or equipment
may be disposed of in any way the
|
|
|
|
|
(b)
|
any sum obtained by the council
in excess of the costs awarded by the
|
|
25
|
court shall be paid to the person
to whom the article, receptacle or
|
|
|
|
|
(7)
|
When any article, receptacle
or equipment is disposed of by the council under
|
|
|
subsection (6) above the council
shall secure the best possible price which can
|
|
|
reasonably be obtained for it.
|
|
30
|
6
|
Forfeiture
of seized items
|
|
|
(1)
|
Subject to subsection (2) below,
the court by or before which a person is
|
|
|
convicted of a relevant offence
may on or after the appointed day order any
|
|
|
article, receptacle or equipment—
|
|
|
(a)
|
produced to the court; and
|
|
35
|
(b)
|
shown to the satisfaction of
the court to relate to the offence, to be
|
|
|
forfeited and dealt with in such
a manner as the court may order.
|
|
|
(2)
|
The court shall not order any
article, receptacle or equipment to be forfeited
|
|
|
under subsection (1) above where
a person claiming to be the owner of or
|
|
|
otherwise interested in it applies
to be heard by the court, unless an
|
|
40
|
opportunity has been given to
him to show cause why the order should not be
|
|
|
|
|
(3)
|
In considering whether to make
an order under subsection (1) above a court
|
|
|
|
|
(a)
|
to the value of the article, receptacle
or equipment; and
|
|
45
|
(b)
|
to the likely financial and other
effects on—
|
|
|
|
|
|
|
|
|
|
|
|
(ii)
|
the
owner of the article, receptacle or equipment, of the making
|
|
|
of the order (taken together
with any other order that the court
|
|
|
|
|
7
|
Compensation
where seizure unlawful
|
|
|
(1)
|
Subsection (2) below shall have
effect where—
|
|
5
|
(a)
|
any article, receptacle or equipment
is seized under subsection (1) of
|
|
|
section 4 (street trading: seizure)
of this Act; and
|
|
|
(b)
|
any of the following applies—
|
|
|
(i)
|
not less than six months have
passed since the date of the
|
|
|
seizure and no information
has been laid against any person for
|
|
10
|
a relevant offence in respect
of the act or circumstances which
|
|
|
|
|
(ii)
|
proceedings for a relevant
offence have been brought and the
|
|
|
person charged has been acquitted
(whether or not on appeal)
|
|
|
and the time for appealing
against or challenging the acquittal
|
|
15
|
(where applicable) has expired
without an appeal or challenge
|
|
|
|
|
(iii)
|
proceedings for a relevant
offence have been brought and the
|
|
|
proceedings (including any
appeal) have been withdrawn by,
|
|
|
or have failed for want of
prosecution by, the person by whom
|
|
20
|
the proceedings were brought.
|
|
|
(2)
|
Where this subsection has effect
a person who has or at the time of seizure had
|
|
|
a legal interest in the article,
receptacle or equipment seized may recover
|
|
|
compensation from the council
or (where it is seized by a constable) the chief
|
|
|
constable by civil action in
the county court in respect of any loss suffered by
|
|
25
|
him as a result of the seizure.
|
|
|
(3)
|
The court may only make an order
for compensation under subsection (2)
|
|
|
above if satisfied that seizure
was not lawful under section 4 (street trading:
|
|
|
|
|
8
|
Short
title, extent and commencement
|
|
30
|
(1)
|
This Act may be cited as the
Pedlars (Street Trading Regulation) Act 2008.
|
|
|
(2)
|
This Act extends to England and
Wales only.
|
|
|
(3)
|
This Act comes into force at
the end of the period of 2 months beginning with
|
|
|
the day on which it is passed.
|
|
|
|
|
|