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Arrangement of Clauses (Contents)

London Local Authorities Bill [HL]
[AS AMENDED IN COMMITTEE]

 

A

BILL
[AS AMENDED IN COMMITTEE]

[AS AMENDED IN COMMITTEE]

To confer further powers upon local authorities in London; and for related purposes.

WHEREAS—

(1)It is expedient that further and better provision should be made for the improvement and development of local government services in London and for the benefit of persons residing therein and that the powers of London borough councils and the Common Council of the City of London (hereinafter referred to as "London borough councils") should be extended and amended as provided in this Act:
(2)It is expedient that further provision be made in London about the use of penalty charges in the enforcement of certain legislation:
(3)It is expedient that the range of premises in London in respect of which street litter control notices can be served should be extended:
(4)It is expedient that London borough councils should be able to install turnstiles in public conveniences:
(5)It is expedient that London borough councils should be able to make increased charges when giving permissions for the execution of works and use of objects on the highway, if the execution of works and use of objects produces income:
(6)It is expedient that the law relating to street trading in London should be altered to clarify that internet sales of vehicles that are kept on the street fall within its scope:
(7)It is expedient that the law relating to street trading in the City of Westminster and the London Borough of Camden should be altered in relation to the seizure and disposal of receptacles used or about to be used for unlawful street trading:
(8)It is expedient that the other provisions contained in this Act should be enacted:
(9)The objects of this Act cannot be attained without the authority of Parliament:
(10)In relation to the promotion of the Bill for this Act the Westminster City Council have complied with the requirements of section 239 of the Local Government Act 1972 and the other participating London borough councils have complied with the requirements of section 87 of the Local Government Act 1985:
(11)In relation to the promotion of the Bill the London borough councils have acted through their representation in London Councils, a statutory joint committee whose membership is made up from members of all the London borough councils.

May it therefore please your Majesty that it may be enacted, and 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:

PART 1

Preliminary

1Citation and commencement
(1)This Act may be cited as the London Local Authorities Act 2011.
(2)This Act and the London Local Authorities Acts 1990 to 2007 may be cited together as the London Local Authorities Acts 1990 to 2011.
(3)This Act shall come into operation at the end of the period of two months beginning with the date on which it is passed but sections 11 (minor and consequential amendments) and 12 (Keeling Schedule) and Schedules 1 and 2 shall be deemed to have come into operation immediately after the other provisions of this Act.
2General interpretation

In this Act—

"the Act of 2007" means the London Local Authorities Act 2007;

"authorised officer", in relation to a borough council, means—

(a)any employee of the council;
(b)any other person by whom, in pursuance of arrangements made with the council, any functions under this Act fall to be discharged; or
(c)any employee of any such person,

   who is authorised in writing by the council to act in relation to the relevant provision of this Act;

"borough council" means London borough council and includes the Common Council of the City of London in its capacity as a local authority and "borough" and "council" shall be construed accordingly.

PART 2

Penalty charges

3Powers exercisable by police civilians and accredited persons
(1)Where a designation under section 38 of the Police Reform Act 2002 applies paragraph 1 of Schedule 4 to that Act (community support officers' powers to issue fixed penalty notices) to any person, that person shall have the power of a borough council to serve a penalty charge notice under section 61(2) of the Act of 2007 (penalty charges) where he has reason to believe that a penalty charge is payable to the borough council by virtue of a penalty charge provision within the meaning of section 61(7) of that Act.
(2)An accredited person within the meaning of section 47 of the Police Reform Act 2002 whose accreditation specifies that this subsection applies to him shall have the power of a borough council to serve a penalty charge notice under section 61(2) of the Act of 2007 (penalty charges) where he has reason to believe that a penalty charge is payable to the borough council by virtue of a penalty charge provision within the meaning of section 61(7) of that Act.
(3)An accreditation may only specify that subsection (2) applies to an accredited person if that person's accreditation also specifies that paragraph 1 of Schedule 5 to the Police Reform Act 2002 (accredited person's powers to issue fixed penalty notices) applies to him.
4Power to require name and address
(1)If a borough council, a community support officer or an accredited person proposes to serve on a person a penalty charge notice under section 61(2) of the Act of 2007 (penalty charges), the council, community support officer or accredited person may require the person to give him his name and address.
(2)Where a requirement of the borough council under subsection (1) is made in person then—
(a)it must be made by an authorised officer of the council; and
(b)the authorised officer must, if required to do so, show proof of his authorisation.
(3)A person commits an offence if—
(a)he fails to give his name and address when required to do so under subsection (1); or
(b)he gives a false or inaccurate name or address in response to a requirement under that subsection.
(4)A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5)In subsection (1) "accredited person" means an accredited person within the meaning of section 47 of the Police Reform Act 2002.

PART 3

Public health, environmental protection and highways

5Street litter control notices

Section 94(1)(a) of the Environmental Protection Act 1990 (street litter: supplementary provisions) shall apply in Greater London as though for "commercial or retail premises" there were substituted "premises other than dwellings".

6Use of turnstiles at public toilets

Section 1 of the Public Lavatories (Turnstiles) Act 1963 (abolition of turnstiles) shall not apply in respect of a public lavatory or public sanitary convenience controlled or managed by a borough council.

7Charges for permitting the use of objects, etc. on the highway
(1)In relation to a relevant permission, "the standard amount" in section 115F(2) of the 1980 Act (power to impose conditions on permissions for execution of works and use of objects, etc. on the highway) means such amount as may be sufficient in the aggregate taking one year with another to cover the reasonable costs of a borough council, not otherwise recovered, of—
(a)the cleansing of streets in which permitted activities take place so far as that cleansing is attributable to permitted activities; and
(b)any reasonable administrative or other costs incurred in connection with the administration of Part VIIA of the 1980 Act (provision of amenities on certain highways) in relation to relevant permissions; and
(c)the cost of enforcing—
(i)the provisions of Part VIIA of the 1980 Act so far as it relates to permitted activities;
(ii)section 130 of the 1980 Act (protection of public rights) in relation to activities which are capable of being authorised by a relevant permission but are not;
(iii)the law in relation to obstruction of the highway in relation to activities which are capable of being authorised by a relevant permission but are not.
(2)Section 115F(3) of the 1980 Act shall not apply in the area of a borough council in relation to a relevant permission.
(3)In this section—

"the 1980 Act" means the Highways Act 1980;

"permitted activities" means activities carried out under the authority of a relevant permission;

"relevant permission" means a permission granted by a borough council under section 115E(1)(b)(i) of the 1980 Act (permission to use objects, etc. on, in or over the highway resulting in the production of income).

PART 4

Licensing

Miscellaneous

8Amendment of City of Westminster Act 1996
(1)The City of Westminster Act 1996 (which makes provision about the closure of unlawful sex establishments) is amended as follows.
(2)In section 3(2)(a) for "section 4(5)(a)" substitute "section 4(6)(a)".
(3)In section 8(1)(c) and (d) for "sending it in a prepaid registered letter, or by the recorded delivery service" substitute respectively "post" and "by post".
(4)In section 8(2)(b)(i) for "in a prepaid registered letter, or by the recorded delivery service and is not returned to the authority sending it" substitute "by post".
9Street trading: vehicles and the internet
(1)The London Local Authorities Act 1990 is amended as follows—
(2)In section 21 (interpretation of Part III)—
(a)in subsection (1), in the definition of "street trading", for "subsections (1A)" substitute "subsections (1ZA), (1A)";
(b)after subsection (1) insert the following subsection—

"(1ZA) In this Part of this Act "street trading" shall also include the selling or exposure or offer for sale of any motor vehicle in the course of a business if the vehicle is—

(a)   exposed or offered for sale on the internet; and
(b)   kept on a street during the period when it is so exposed or offered for sale.".
(3)In section 32 (fees and charges), after subsection (2) insert—
"(2A)In calculating the levels of fees and charges under subsections (1) and (2) above, the council shall disregard costs incurred by them in relation to street trading of the type described in subsection (1ZA) of section 21 (interpretation of Part III) of this Act.".

City of Westminster Act 1999               

10Street trading in the City of Westminster
(1)The City of Westminster Act 1999 is amended as follows.
(2)In section 2 (interpretation), in the definition of "street trading", for "subsection (2)" substitute "subsections (1A) and (2)".
(3)After section 2(1) insert the following subsection—
"(1A)In this Act "street trading" shall also include the selling or exposure or offer for sale of any motor vehicle if the vehicle is—
(a)exposed or offered for sale on the internet; and
(b)kept on a street during the period when it is so exposed or offered for sale.".
(4)In subsection (9) of section 9 (street trading licences), after "street trading" insert "(other than street trading of the type described in subsection (1A) of section 2 (interpretation) of this Act)".
(5)In section 22 (fees and charges), after subsection (2) insert—
"(2A)In calculating the levels of fees and charges under subsections (1) and (2) above, the council shall disregard costs incurred by them in relation to street trading of the type described in subsection (1A) of section 2 (interpretation) of this Act.".
(6)Renumber subsections (5) and (6) of section 27 (unlicensed street trading) as subsections (1) and (2) of a new section, headed "27A Seizure".
(7)After subsection (2) in the new section 27A insert—
"(3)An authorised officer or constable may also seize any receptacle or equipment (other than a motor vehicle) which—
(a)is in a street; and
(b)he has reasonable cause to suspect is intended to be used in connection with an offence under section 27 of this Act involving the sale, offer for sale, display, or exposing for sale of refreshments.".
(8)Renumber subsection (7) of section 27 as subsection (4) of new section 27A.
(9)After new section 27A insert the following new section—
"27BSeizure: notices
(1)In this section "relevant item" means—
(a)any receptacle used in the sale, offer for sale, display, or exposing for sale of refreshments which has been seized under subsection (1) or (2) of section 27A (seizure) of this Act;
(b)any receptacle or equipment seized under subsection (3) of that section.
(2)An authorised officer or a constable—
(a)may give a notice under this section to the person from whom a relevant item was seized under subsection (1) or (2) of section 27A (seizure) of this Act (but no such notice may be given under this paragraph in respect of a motor vehicle);
(b)shall give a notice under this section to the person from whom a relevant item was seized under subsection (3) of that section,

and any such notice must be given as soon as reasonably practicable after the item was seized.

(3)A notice under this section shall be in such form as the council may prescribe, and shall—
(a)explain that unless the recipient of the notice completes it in accordance with subsection (4) below and then returns it to the council in accordance with subsection (5) below, the council may dispose of the relevant item in question in accordance with section 27D (disposal of seized objects by council) of this Act; and
(b)set out—
(i)the address to which the completed notice should be returned;
(ii)the date by which it must be returned (which must be no earlier than the date on which expires the period of 14 days beginning with the date on which the notice was given under subsection (2) above).
(4)A notice under this section is completed by writing, in the appropriate place on the notice—
(a)the name and full postal address of the recipient of the notice under subsection (2) above; and
(b)(in the case of a notice given in accordance with subsection (2)(a) above) confirmation that that person—
(i)intends to contest any criminal proceedings brought in respect of the alleged offence in respect of which the item in question was seized; or
(ii)if not, that he requires the council to make a complaint for a disposal order under section 27I (disposal orders) of this Act in respect of the relevant item in question; and
(c)(in the case of a notice given in accordance with subsection (2)(b) above) confirmation that that person requires the council to make a complaint for a disposal order under the said section 27I in respect of the relevant item in question; and
(d)the signature of that person; and
(e)the date on which it was signed.
(5)A notice under this section, once completed, is returned by delivering it or sending it by post to the address set out on the notice as mentioned in subsection (3)(b)(i) above on or before the date as mentioned in that subsection.
(6)If a notice given in accordance with subsection (2) above is completed and returned in accordance with subsections (4) and (5) above the council must, no later than the date on which expires the period of 28 days beginning with the date on which the notice was received by them—
(a)make a complaint to the magistrates' court for a disposal order under section 27I (disposal orders) of this Act in respect of the relevant item in question; or
(b)return the relevant item in question to the person whose name and address are written on the returned notice,

unless, before the expiry of that period, an information has been laid and not withdrawn in respect of any alleged offence in respect of which the item was seized.".

(10)For subsection (8)(a) of section 27 substitute the following as subsection (1) of a new section, headed "27C Return of seized items"—
"(1)The provisions of this section shall have effect where any item is seized under subsection (1) of section 27A (seizure) of this Act (except where a notice is given under section 27B(2)(a) (seizure: notices) in respect of the item) or is seized and retained because it is required for evidential purposes under subsection (2) of the said section 27A and references in those provisions to proceedings are to proceedings in respect of the alleged offence in relation to which the item is seized.".
(11)Renumber paragraphs (b) to (h) of section 27(8) as subsections (2) to (8) of the new section 27C.
(12)After new section 27C insert the following new section—
"27DDisposal of seized objects by council
(1)The council may, in such manner as they think fit, dispose of—
(a)any relevant item (within the meaning of section 27B (seizure: notices) of this Act) seized under subsection (1) or (2) of section 27A (seizure) of this Act if in respect of the alleged offence in question—
(i)a fixed penalty is paid in accordance with section 16 of the London Local Authorities Act 2004 (c. i) before the expiry of the period mentioned in subsection (2) of that section; and
(ii)the fixed penalty notice contained or was accompanied by written notice that the recipient could require the council on or before the time when the fixed penalty was paid to make a complaint for a disposal order under section 27I (disposal orders) of this Act in respect of the relevant item in question; and
(iii)no such requirement was made of the council on or before that time; or
(b)any such relevant item seized under subsection (1), (2) or (3) of the said section 27A if a notice was given under section 27B (seizure: notices) as soon as reasonably practicable after the article or thing was seized and the notice was not completed and returned to the council in accordance with subsections (4) and (5) of that section.
(2)The council may recover their costs of disposing of a relevant item under subsection (1) above from the person from whom the object was seized.
(3)Where a requirement of the sort mentioned under subsection (1)(a)(ii) was made on or before the time when the fixed penalty was paid, the council must make a complaint for a disposal order under section 27I (disposal orders) of this Act in respect of the relevant item in question.".
(13)Renumber subsections (9), (10)(a) and (10)(b) of section 27 as subsections (1), (2) and (3) of a new section, headed "27E Forfeiture of seized items by court".
(14)Renumber subsections (11)(a), (b) and (c) and (12) of section 27 as subsections (1) to (4) of a new section, headed "27F Compensation" and—
(a)renumber subsections (11)(a)(i) and (ii) as subsections (1)(a) and (b); and
(b)renumber subsections (11)(a)(ii)(A) and (B) as subsections (1)(b)(i) and (ii).
(15)After paragraph (b)(ii) of new section 27F(1) as numbered by subsection (14) insert—
"(iii)(in the case of a relevant item (within the meaning of section 27B (seizure: notices) of this Act) seized under subsection (3) of section 27A (seizure) of this Act) the council has failed to comply with subsection (6) of section 27B (seizure: notices) of this Act.".
(16)Renumber section 27A (seizure of perishable items) as section 27G.
(17)Renumber section 27B (motor vehicles) as section 27H.
(18)Renumber section 27C (disposal orders) as section 27I.
 

 
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