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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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5
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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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10
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Government Act 1972 (c. 70);
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(a)
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any vehicle, trailer or
barrow; and
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(b)
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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)
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under paragraph 10 of Schedule
4 to the Act of 1982; or
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(b)
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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
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Application
and appointed day
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(1)
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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)
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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)
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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)
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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)
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of the passing of any such resolution
and of a day fixed by them; and
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(b)
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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)
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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)
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bearing the date of its publication;
and
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(b)
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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
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Street
trading: seizure
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(1)
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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)
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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)
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any other article which—
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(i)
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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)
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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)
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any receptacle or equipment being
used by that person.
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(2)
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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)
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The conditions are that the article,
receptacle or equipment—
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(i)
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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)
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the subject of forfeiture
under section 6 (forfeiture of seized
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(b)
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in the case of an article is not
of a perishable nature.
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(4)
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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)
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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)
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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)
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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)
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the type of article, receptacle
or equipment seized; and
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(d)
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information about subsection
(2) of section 6 (forfeiture of seized items)
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(6)
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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)
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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)
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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
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Return
and disposal of seized items
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(1)
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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)
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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)
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the court orders it to be forfeited
under section 6 (forfeiture of seized
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(b)
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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)
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at
the end of the period of 56 days beginning with the date of seizure—
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(i)
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no proceedings have been instituted;
or
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(ii)
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any proceedings instituted
within that period have been
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(b)
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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)
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In subsection (3) above, "the
appropriate time" means—
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(a)
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in the case of paragraph (a),
the end of the period of 56 days mentioned
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(b)
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in the case of paragraph (b),
the time when proceedings are
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(5)
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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)
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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)
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the article, receptacle or equipment
may be disposed of in any way the
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(b)
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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)
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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
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Forfeiture
of seized items
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(1)
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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)
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produced to the court; and
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(b)
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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)
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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)
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In considering whether to make
an order under subsection (1) above a court
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(a)
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to the value of the article, receptacle
or equipment; and
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(b)
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to the likely financial and other
effects on—
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(ii)
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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
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Compensation
where seizure unlawful
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(1)
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Subsection (2) below shall have
effect where—
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(a)
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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)
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any of the following applies—
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(i)
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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)
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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)
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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)
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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)
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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
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Short
title, extent and commencement
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(1)
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This Act may be cited as the
Pedlars (Street Trading Regulation) Act 2008.
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(2)
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This Act extends to England and
Wales only.
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(3)
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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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