BOURNEMOUTH BOROUGH COUNCIL
BILL [HL] AND
MANCHESTER CITY COUNCIL BILL [HL]
1. The Bournemouth Borough Council Bill [HL]
and the Manchester City Council Bill [HL] were introduced into
the House of Lords on 22nd January 2007. The Bills, promoted by
the district councils for the borough of Bournemouth and the city
of Manchester respectively, relate to street trading. The Bills
have five main purposes, namely—
(1) to extend the scope of Schedule 4 to the
Local Government (Miscellaneous Provisions) Act 1982 so that it
enables each Council to regulate the provision of services on
the street as well as the sale of articles;
(2) to alter the exemption enjoyed by the holders
of a pedlar's certificate from the street trading regime contained
in the 1982 Act;
(3) to empower council officers or police constables
to seize articles, receptacles or equipment, in cases where they
believe a street trading offence has been committed;
(4) to allow the court to order the forfeiture
of any article, receptacle or equipment which is shown to the
satisfaction of the court to relate to the offence;
(5) to enable council officers to serve fixed
penalty notices in cases where they have reason to believe that
street trading offences have been committed.
The provisions of the Bills are described in more
detail in the explanatory memorandum which is attached to each
Bill.[1]
2. Those directly or especially affected by either
Bill had an opportunity to voice their objections by presenting
a petition against that Bill. Two such petitions were received[2];
one against each Bill. Mr Alexander Campbell-Lloyd petitioned
against the Bournemouth Borough Council Bill and was represented
before the Committee by Mr Robert Campbell-Lloyd. Mr David
Murphy petitioned against the Manchester City Council Bill and
was represented before the Committee by Mr Nicholas McGerr.
3. The Bills were given a Second Reading, without
debate, on 20th February 2007.
4. The Select Committee on the Bill was appointed
on 24th May to consider matters complained of in the petitions.
One member was unable to attend the Committee meetings and a new
member was appointed on 28th June. The members of the Committee
were Lord Boyd of Duncansby, Lord Brougham and Vaux, Baroness
Coussins, Lord Harrison (Chairman) and Lord Methuen.
5. Both petitions presented against the Bills
objected to the whole Bill. The Committee therefore considered
both Bills in their entirety.
6. No reports were received by the House from
Government Departments other than those relating to the Bills'
compliance with the European Convention on Human Rights.[3]
7. The full transcript of proceedings before
the Committee is available on the internet.[4]
8. The Committee sat for two days, 3rd July and
10th July, to hear evidence and submissions from the Promoters
and the Petitioners.
9. The Committee wishes to express its thanks
to those who appeared before them.
10. The Committee's conclusions are that the
Bills should proceed without amendment to Clause 5 but with the
amendments as in the filled Bills. However, the Committee has
strong reservations about the use of piecemeal private legislation
to remedy perceived problems in national legislation. It considers
that the Government should undertake an urgent review of the law
on trading in the streets and selling from door to door with a
view to producing national legislation which reflects current
conditions. The Committee further require the Promoters of the
two Bills to undertake that they will give particular attention
to the training of officers who will be charged with the enforcement
of this legislation so that genuine pedlars operating within this
new legislation are not prevented from carrying on their trade.
1 Available from the Parliamentary Agents for the Bills,
Sharpe Pritchard, Elizabeth House, Fulwood Place, London, WC1V
6HG or on the internet at:
Bournemouth Borough Council Bill [HL]:
http://www.publications.parliament.uk/pa/ld200607/ldprbill/003/003.htm
Manchester City Council Bill [HL]:
http://www.publications.parliament.uk/pa/ld200607/ldprbill/002/002.htm Back
2
These are available on the internet at: www.parliament.uk/about_lords/prbohol/pb0607.cfm#bbcbill Back
3
These are available on the internet at:
Bournemouth Borough Council Bill [HL]:
http://www.publications.parliament.uk/pa/ld200607/ldprbill/003/003rep.htm
Manchester City Council Bill [HL]:
http://www.publications.parliament.uk/pa/ld200607/ldprbill/002/002rep.htm
Back
4
The transcript of all of the Committee's proceedings is available
at:
http://www.publications.parliament.uk/pa/ld/ldobcbm0607.htm
Back
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