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| 11 | Minor and consequential amendments |
Schedule 1 (which makes minor and consequential amendments to the City of Westminster Act 1999 has effect.
The City of Westminster Act 1999 as amended by the London Local Authorities Act 2004, the Act of 2007 and this Act is set out in Schedule 2.
Street trading in the London Borough of Camden
| 13 | Interpretation of Camden provisions |
In sections 14 to 20—
"the Act of 1990" means the London Local Authorities Act 1990;
"the Borough" means the London Borough of Camden;
"the Council" means Camden London Borough Council;
"street" has the same meaning as in Part III of the Act of 1990.
| 14 | Seizure of certain objects |
| (1) | An authorised officer of the Council or a constable may in the Borough seize any receptacle or equipment (other than a motor vehicle) which— |
| (b) | he has reasonable cause to suspect is intended to be used in connection with an offence under section 38 (unlicensed street trading) of the Act of 1990 involving the sale, offer for sale, display, or exposing for sale of refreshments. |
| (2) | An authorised officer shall produce his authority if requested to do so by the person having control or possession of any receptacle or equipment seized under subsection (1). |
| (1) | In this section, "relevant item" means— |
| (a) | any receptacle used or intended to be used in the Borough in the sale, offer for sale, display, or exposing for sale of refreshments which has been seized under subsection (4) or (4A) of section 38 (unlicensed street trading) of the Act of 1990; |
| (b) | any receptacle or equipment seized under section 14. |
| (2) | An authorised officer of the Council or a constable— |
| (a) | may give a notice under this section to the person from whom a relevant item falling within subsection (1)(a) was seized (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 falling within subsection (1)(b) was seized under section 14, |
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) and then returns it to the Council in accordance with subsection (5), the Council may dispose of the relevant item in question in accordance with section 16; and |
| (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); and |
| (b) | (in the case of a notice given in accordance with subsection (2)(a)) confirmation— |
| (i) | that that person 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 38C of the Act of 1990 (disposal orders) 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 38C 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) on or before the date as mentioned in that subsection. |
| (6) | If a notice given in accordance with subsection (2) is completed and returned in accordance with subsections (4) and (5) 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 38C of the Act of 1990 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.
| (7) | Any person who, in completing a notice under subsection (4) makes a statement which he knows to be false in a material particular shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. |
| 16 | Return and disposal of seized objects by Council |
| (1) | Subsection (4C)(a) of section 38 of the Act of 1990 (unlicensed street trading) shall apply as respects the Council as though after "subsection (4) above" the words "(except where notice is given under section 15(2)(a) of the London Local Authorities Act 2011 (seizure: notices))" were inserted. |
| (2) | The Council may, in such manner as they think fit, dispose of— |
| (a) | any relevant item (within the meaning of section 15) seized under subsection (4) or (4A) of section 38 of the Act of 1990 (unlicensed street trading) if— |
| (i) | in respect of the alleged offence in question, 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 38C of the Act of 1990 (disposal orders) 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 (4) or (4A) or under section 14 if a notice was given under section 15 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. |
| (3) | The Council may recover their costs of disposing of a relevant item under subsection (2) above from the person from whom the object was seized. |
| (4) | Where a requirement of the sort mentioned under subsection (2)(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 38C of the Act of 1990 (disposal orders) in respect of the relevant item in question. |
| (5) | Subsection (8)(a)(i) of section 38 shall apply as respects the Council as though at the end the words "or under section 14 (seizure of certain objects) of the London Local Authorities Act 2011" were inserted. |
| (6) | In addition to the alternative requirements as set out in subsection (8)(a)(ii)(A) and (B) of section 38, one of which must be satisfied before compensation may be recovered under that subsection, the following alternative requirement is added in relation to the Council— |
| "(C) | (in the case of a relevant item (within the meaning of section 15 (seizure: notices) of the London Local Authorities Act 2011) seized under section 14 of that Act) the council has failed to comply with subsection (6) of the said section 15.". |
| (7) | Section 38C of the Act of 1990 (disposal orders) shall apply as respects the Council as though in subsection (1) the following paragraph were inserted after paragraph (b)— |
| (ba) | a relevant item under subsection (3) of section 16 (disposal of seized objects by Council) of the London Local Authorities Act 2011,". |
PART 5
Miscellaneous and Supplemental
| 17 | Minor amendments to London Local Authorities Act 2007, etc. |
| (1) | In section 24(4) of the Act of 2007 (littering from vehicles), for "subsection (2)" substitute "subsection (4A)". |
| (2) | In subsection (3A) of section 59 of the Environmental Protection Act 1990 (as inserted by section 25 (3) of the Act of 2007 (powers to require removal of waste unlawfully deposited)) for "waste control authority" substitute "waste collection authority". |
| 18 | Obstruction of authorised officer |
Any person who intentionally obstructs any authorised officer acting in the exercise of his powers under this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
In any proceedings which require proof of the passing of a resolution under this Act it shall be presumed, unless the contrary is proved, that the said resolution was duly passed and that any requirements relating to the passing of the resolution and the giving of any notices or information before or after the passing of the resolution were properly complied with.
| 20 | Liability of directors, etc. |
| (1) | Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence. |
| (2) | Where the affairs of the body corporate are managed by its members, subsection (1) above shall apply to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. |
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