London Local Authorities and transport for London Bill—continued
Part 2—continued
        House of Commons

 

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19     Removal of things deposited on the highway

(1)    This section applies in respect of any part of—
(a)    any highway for which Transport for London are the highway authority (whether or not the highway is in the area of a participating council); and
(b)    any highway for which a participating council are the highway authority.
(2)    If the highway authority are satisfied that—
(a)    things are deposited unlawfully and persistently on any part of the highway to which this section applies; and
(b)    the depositing of the things is caused by persons having control of or an interest in a business carried on in premises in the vicinity of the part of the highway concerned;
    the highway authority may serve a notice under this subsection (“a subsection (2) removal notice”) on any person having control of or an interest in the relevant business.
(3)    A subsection (2) removal notice shall—
(a)    state the date on which it shall come into effect (which shall be no sooner than the date on which the period of 7 days beginning with the date of service of the notice expires);
(b)    state the date on which it shall expire (which shall be no later than the date on which the period of 28 days beginning with the date on which it comes into effect expires);
(c)    give a description of the part of the highway to which the notice relates;
(d)    state that in the period during which the notice has effect, the highway authority may without further notice remove any thing deposited unlawfully on the part of the highway to which the notice relates;
(e)    state the effect of subsections (5) and (12) below.
(4)    Where a subsection (2) removal notice is served under subsection (2) above, a copy of the notice shall be affixed by the highway authority to a conspicuous place in the vicinity of the part of the highway to which the notice relates.
(5)    If any thing is deposited unlawfully on any part of the highway to which a subsection (2) removal notice relates, the highway authority may—
(a)    remove the thing forthwith; and
(b)    no sooner than the relevant date, dispose of the thing.
(6)    If a highway authority remove a thing under section 149(2) of the Highways Act 1980 (c. 66) (which makes provision about things deposited on the highway so as to cause a danger), instead of proceeding under subsection (3) of that section, they may proceed in accordance with subsection (7) below.
(7)    If the highway authority proceed under this subsection, no sooner than 24 hours after the removal of the thing under the said section 149(2), they shall issue a notice (“a subsection (7) removal notice”) and proceed in the manner described in subsection (9) below.
(8)    A subsection (7) removal notice shall—
(a)    give a description of the thing removed;
(b)    state the effect of subsections (10) and (12) below.
(9)    Where a subsection (7) removal notice is issued, the notice or a copy of the notice shall be affixed by the highway authority to a conspicuous place in the vicinity of the part of the highway from which the thing was removed.
(10)    A highway authority may, no sooner than the relevant date, dispose of any thing which they have removed and in respect of which a subsection (7) removal notice has been issued.
(11)    Any person who without reasonable excuse removes, alters or damages a notice affixed to any place under subsection (4) or (9) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(12)    The authority by whom a thing is removed in pursuance of this section may recover from the person by whom it was deposited on the highway, or from any person claiming to be entitled to it, any expenses reasonably incurred by the authority in removing, storing or disposing of it.
(13)    After payment out of any proceeds arising from the disposal of the thing of the expenses incurred in the removal, storage and disposal of the thing, the highway authority may apply the balance, if any, of the proceeds to the maintenance of the highways maintainable at the public expense by them.
(14)    If the thing in question is not of sufficient value to defray the expenses of removing it, the highway authority may recover from the person who deposited it on the highway the expenses, or the balance of the expenses, reasonably incurred by them in removing it.
(15)    If, after a thing has been disposed of by a highway authority pursuant to this section, a person claims to have been the owner of the thing at the time when it was removed and the conditions specified in subsection (16) below are fulfilled, there shall be payable to him by the highway authority a sum calculated in accordance with subsection (17) below.
(16)    The conditions are that—
(a)    the person claiming satisfies the highway authority that he was the owner of the thing at the time it was removed; and
(b)    the claim is made before the expiry of the period of 5 months beginning with the date on which the thing was removed.
(17)    The sum payable under subsection (15) above shall be calculated by deducting from the proceeds of sale the charges reasonably incurred by the highway authority for the removing, storing and disposing of the thing.
(18)    In this section, “highway” means a highway for which a participating council or Transport for London are the highway authority.
(19)    In subsections (5) and (10) above, the “relevant date” in respect of a thing is the date on which expires the period of 14 days beginning with the date on which the thing was removed by the highway authority.
(20)    For the purposes of this section and section 20 (Removal notices: appeals) of this Act—
(a)    “the relevant business” means the business referred to in subsection (1) above; and
(b)    a person having an interest in a relevant business includes a person who—
(i)    owns the business; or
(ii)    manages the business; or
(iii)    employs any person to manage the business; or
(iv)    is involved in the conduct of the business.

20     Removal notices: appeals

(1)    Any person—
(a)    upon whom a subsection (2) removal notice has been served under section 19 (Removal of things deposited on the highway) of this Act; or
(b)    having control of or an interest in the relevant business in respect of which the notice was served; or
(c)    being the owner of a thing which has been removed by the highway authority under the said section 19,
    may appeal to the magistrates' court.
(2)    An appeal under subsection (1) above may be brought—
(a)    on the grounds that any requirement imposed by this Act has not been complied with; and
(b)    at any time—
(i)    before the expiry of the period of 21 days beginning with the date on which the subsection (2) removal notice was served in the case of an appeal brought under paragraphs (a) or (b) of subsection (1) above; or
(ii)    before the expiry of the period of 21 days beginning with the date on which the thing was removed in the case of an appeal brought under paragraph (c) of subsection (1) above.
(3)    On an appeal to the magistrates' court under this section the court may make such order as it thinks fit and it shall be the duty of the council to give effect to such order.

21     Service of removal notices

(1)    A subsection (2) removal notice under section 19 (Removal of things deposited on the highway) of this Act may be served either—
(a)    by delivering it to the person on whom it is to be served; or
(b)    by leaving it at the usual or last known place of abode or business of that person, or, in a case where an address for service has been given by that person, at that address; or
(c)    by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode or business, or, in a case where an address for service has been given by that person, at that address; or
(d)    in the case of a company or body incorporated in England or Wales, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.
(2)    Where the name of the person on whom the subsection (2) removal notice is to be served cannot be ascertained after reasonable inquiry, or that person is a company or body incorporated outside England or Wales, the notice shall be taken to be duly served if a copy of it is affixed conspicuously to some object on the premises in which the relevant business is conducted and—
(a)    it is addressed to that person either by name or by the description of “the owner” or “the manager” , or as the case may be, of the business (describing it) and is delivered or sent in the manner specified in subsection (1) (a), (b) or (c) above; or
(b)    it is so addressed and is marked in such a manner that it is plainly identifiable as a communication of importance and—
(i)    it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it; or
(ii)    it is delivered to some person on those premises.
(3)    This section is without prejudice to section 233 (general provisions as to service of notices by local authorities) of the Local Government Act 1972 (c. 70).

PART 3

SUPPLEMENTARY

22     Authorised officers

In this Act “authorised officer” means—

(a)    any employee of the participating council or Transport for London;
(b)    any person by whom, in pursuance of arrangements made with the council or Transport for London, 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 or Transport for London to act in relation to the relevant provision of this Act.

23     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.

24     Provision of information to authorised officer

(1)    This section applies where an authorised officer has reasonable grounds for suspecting that any offence in respect of which the participating council or Transport for London may prosecute legal proceedings has been committed or attempted, or is being committed or attempted.
(2)    If, on being requested by the authorised officer to furnish his name and address for service of a summons or fixed penalty notice the relevant person—
(a)    fails to furnish a name; or
(b)    furnishes a name which the authorised officer has reasonable grounds for doubting is the real name of the relevant person; or
(c)    fails to furnish a satisfactory address for service; or
(d)    furnishes an address which the authorised officer has reasonable grounds for doubting is a satisfactory address for service;
    the relevant person shall, unless the authorised officer failed to produce his authorisation on making the request, be guilty of an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale.
(3)    In this section “the relevant person” means any person who the authorised officer has reasonable grounds to suspect of having committed or having attempted to commit the offence or being in the course of committing or attempting to commit it.
(4)    For the purposes of subsection (2) above an address is a satisfactory address for service if it appears to the authorised officer—
(a)    that the relevant person will be at the address for a sufficiently long period for it to be possible to serve him with a summons or a fixed penalty notice; or
(b)    that some other person specified by the relevant person will accept service of a summons or a fixed penalty notice for the relevant person at the address.

25     Defence of due diligence

(1)    In proceedings for an offence under this Act it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(2)    If in any case the defence provided under subsection (1) above involves the allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, no later than 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information as was then in his possession identifying or assisting in the identification of that other person

26     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.

27     Regulations

(1)    Any power to make regulations conferred by this Act includes power to make provision in respect of such cases only as may be specified in the regulations and to make different provision for different circumstances.
(2)    Any power to make regulations conferred by this Act shall be exercised by statutory instrument.
(3)    Any statutory instrument made under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

 

 
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