London Local Authorities Bill—continued
Part 3—continued
        House of Commons

 

back to previous text

11     Nuisance from birds

(1)    This subsection is subject to the provisions of the Wildlife and Countryside Act 1981 (c. 69) and to subsection (4) below.
  If in the opinion of a participating council the habitual nesting, roosting or alighting of birds on any part of a building or structure (including a bridge) fronting upon, crossing or overhanging a highway in the area of the council is a source of nuisance to pedestrians using that highway, the council may serve a notice under this section upon the owner or occupier of the building or structure.
(2)    If after reasonable enquiry the council have been unable to ascertain the name and address of the owner or occupier, they may affix a notice to the building or structure.
(3)    A notice under this section is a notice requiring, within such reasonable time (not being less than 28 days) as may be specified in the notice, the owner or occupier of the building or structure to take measures for the purpose of preventing or minimising the habitual nesting, roosting or alighting of birds on the part of the building or structure concerned and the council may specify such measures in the notice.
(4)    The measures which may be specified in a notice under this section may include the erection of baffles, nets or wires or the laying of gel on the building or structure or other measures of a like nature but shall not include any method prohibited by the said Act of 1981.
(5)    The sections of the Public Health Act 1936 (c. 49) mentioned in Schedule 1 to this Act shall have effect as if references in it included references to this section.
(6)    This section shall have effect as if it were an Act or order to which section 42 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (which makes provision for certain local Acts and orders to be subject to the planning enactments) applies.
(7)    Subsections (8) to (10) below apply where a participating council serve a notice under this section on—
(a)    the British Railways Board, in respect of any bridge owned by the Board; or
(b)    any protected party in respect of its operational land;
    and the notice specifies measures to be taken for the purpose mentioned in subsection (3) above.
(8)    The party on whom a notice under this section is served may, within a period of 28 days beginning with the day on which the notice is served; serve a counter-notice on the participating council specifying alternative measures which will in their reasonable opinion have the effect of preventing or minimising the habitual nesting, roosting or alighting of birds on the part of the building or structure concerned to the same or greater extent than the measures specified in the notice.
(9)    Where a counter-notice is served under subsection (8) above, the notice served under subsection (1) above shall be deemed to specify the alternative measures specified in the counter-notice and shall be deemed to have been served on the date the counter-notice was served.
(10)    Nothing in subsections (8) and (9) above shall prejudice the right of the council to serve a further notice under subsection (1) above in respect of the bridge or operational land concerned and where the further notice is served before the expiry of the period of 56 days beginning with the date on which the counter-notice was served, the protected party may not serve a counter-notice under subsection (8) above in respect of the further notice.
(11)    In this section—
  “operational land” has the same meaning as in the Town and Country Planning Act 1990 (c. 8);
  “protected party” means—
(a)    Railtrack PLC; and
(b)    London Transport; and
(c)    Transport for London; and
(c)    the British Waterways Board;
    and their subsidiaries, servants, agents and contractors.

12     Depositing of waste for collection

(1)    A participating council may designate, in accordance with Schedule 2 to this Act, any (or any part) of the following land, in the area of the council as land to which this section applies:—
(a)    a public off-street car park;
(b)    a recreation ground, garden, park, pleasure ground or open place under the management or control of a local authority;
(c)    a street or way to which the public commonly have access, whether or not as of right.
(2)    Any land so designated shall include any other area—
(a)    which is not within permanently enclosed premises; and
(b)    which is within 7 metres of such land.
(3)    The council may, when designating any land under subsection (1) above, provide that the designation of the land shall have effect in relation to one or more of the following:—
(a)    commercial waste;
(b)    household waste; or
(c)    industrial waste.
(4)    Any person who—
(a)    places commercial waste, household waste or industrial waste for collection on land to which this section applies (if the designation has effect in relation to that type of waste)—
(i)    without the written consent of the council; or
(ii)    in breach of any condition subject to which the council's consent is given; or
(b)    causes or permits any person so to do;
    shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(5)    A person shall not be guilty of an offence under subsection (4) above in respect of the depositing of commercial waste, household waste or industrial waste, if the designation of the land concerned does not have effect in relation to that type of waste.
(6)    Where the commission by any person of an offence under subsection (4) above is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings for the offence are taken against the first-mentioned person.
(7)    The conditions of consent referred to in subsection (4) above include, without prejudice to the generality of the power to impose conditions, conditions as to—
(a)    the times during which the waste may be placed for collection or period for which the consent is valid;
(b)    a condition requiring a person to produce on demand to an authorised officer of the borough council or to a constable documentary evidence of the consent;
(c)    conditions as to the part of the place designated under subsection (1) above where the consent is to apply; and
(d)    conditions relating to the use of means by which waste can be attributed to any particular occupier of premises.
(8)    The council may charge such reasonable fee for a consent under this section as they think fit, and in setting the level of such fees shall take into consideration—
(a)    any reasonable costs or expected costs incurred or to be incurred in connection with the administration of the provisions of this section; and
(b)    the cost or expected cost of enforcing the provisions of this section.
(9)    A consent under this section may be revoked and the conditions of consent may be altered by notice to the person to whom the consent was given.
(10)    A person aggrieved by—
(a)    the withholding by the council of consent referred to in subsection (4) above;
(b)    the conditions subject to which the council give such consent; or
(c)    the revocation of such consent under subsection (9) above;
    may appeal to a magistrates' court by way of complaint for an order and on such an appeal the court may dismiss or allow the appeal or may vary any conditions imposed by the council.
(11)    In this section “commercial waste”, “household waste” and “industrial waste” have the same meanings as in section 75 of the Environmental Protection Act 1990 (c. 43).

13     Dangerous structures and demolitions

(1)    Section 81(1)(b) (Local Authority's power to serve notice about demolition) of the Act of 1984 shall have effect in the area of a participating council as if—
(a)    for the reference to an order made under section 77 (Dangerous Building) of the Act of 1984 there were substituted a reference to an order made under section 64 (Proceedings to enforce compliance with notice) of the Act of 1939; and
(b)    for the reference to a notice given under section 79 (Ruinous and dilapidated buildings and neglected sites) of the Act of 1984 there were substituted a reference to an order under section 69 (Removal of dilapidated and neglected structures) of the Act of 1939.
(2)    Section 45 of the London Local Authorities Act 2000 (c. vii) is amended in so far as it applies to a participating council as follows:—
(a)    in subsection (4), after “dangerous buildings)” the words “, section 78 (Dangerous buildings – emergency measures)” are inserted;
(b)    in subsection (5), the figures “77 to 80, 82, 83” are replaced by the figures “77 to 79”; and
(c)    in subsection (6), in the definition of “the London Building Acts”, the words “as amended” to the end are omitted.
(3)    A participating council may recover from a person on whom a notice is served under section 81 of the Act of 1984 any expenses reasonably incurred by them under that section, in addition to any expenses recoverable under section 99 of that Act.
(4)    Sections 107 or 110 of the Act of 1984 shall apply in respect of expenses recoverable under subsection (3) above as it applies in respect of expenses to which that section applies.
(5)    In its application under subsection (4) above, for the reference in the said section 107 to the person who is the owner of the premises at the date on which the works were completed there shall be substituted a reference to the person on whom the notice under the said section 81 was served.
(6)    In this section—
  “the Act of 1939” means the London Building Acts (Amendment) Act 1939 (c. xcvii); and
  “the Act of 1984” means the Building Act 1984 (c. 55).

14     Re-inspection of suspected food and food safety training

(1)    A participating council may impose a charge in respect of a determination of an authorised officer, under section 9(4) of the Food Safety Act 1990(c. 16), as to whether or not he is satisfied that food (in respect of which a notice has been given or which has been seized under subsection (3) of that section) complies with food safety requirements.
(2)    A participating council may provide training in relation to food safety and may impose a charge in respect of such training.
(3)    A charge imposed under subsection (1) above is payable by the person in charge of the food.
(4)    The amount of a charge under subsection (1) and (2) above is to be at the council's discretion and, in determining the amount charged under subsection (1) above, the council shall have regard to the cost to them of dealing with the determination.

15     Repair, etc., of vehicles on highways

(1)    Section 5 (Repair, etc., of vehicles on highways) of the Greater London Council (General Powers) Act 1982 (c. i) shall apply in the area of a participating council as follows.
(2)    Subsection (2)(b) is repealed.
(3)    After subsection (4) the following subsection is inserted:—

"(4A)    A person shall not be convicted of an offence under this section if he proves to the satisfaction of the court that the works were carried out otherwise than—
(a)    in the course of, or for the purposes of, a business; or
(b)    for gain or reward.".

16     Urination and defecation in public places

(1)    A person who urinates or defecates in any public place in the area of a participating council otherwise than by using a lavatory commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2)    An offence under subsection (1) above is a penalty offence for the purposes of Chapter 1 of the Criminal Justice and Police Act 2001 (c. 16).
(3)    In this section “public place” includes any highway and any other premises or place in the open to which at the material time the public have or are permitted to have access (whether on payment or otherwise) and without prejudice to the generality of the foregoing, includes any—
(a)    bus or tram shelter;
(b)    telephone kiosk, booth, acoustic hood, shelter or other structure;
(c)    doorway;
(d)    court, yard or passage.

17     Multiple dog walking

(1)    Any person who—
(a)    carries out multiple dog-walking on land to which this section applies—
(i)    without the written consent of the participating council; or
(ii)    in breach of any condition subject to which the council's consent is given; or
(b)    causes or permits any person so to do;
    shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2)    The conditions of consent referred to in subsection (1) above include, without prejudice to the generality of the power to impose—
(a)    conditions as to the times or period for which the consent is valid;
(b)    conditions for the prevention of detriment to the amenities of the area;
(c)    a condition requiring the person carrying out the multiple dog-walking to produce his certificate of consent on demand to an authorised officer or to a constable;
(d)    conditions as to the part of the place designated under subsection (7) below where the consent is to apply;
(e)    conditions as to the number of dogs which may be walked;
(f)    conditions relating to training of multiple dog-walkers; and
(g)    conditions relating to the conduct of dog walkers.
(3)    The council may charge such reasonable fee for a consent under this section as they think fit, and in setting the level of such fees shall take into consideration—
(a)    any reasonable costs or expected costs incurred or to be incurred in connection with the administration of the provisions of this section; and
(b)    the cost or expected cost of enforcing the provisions of this section.
(4)    A consent under this section may be revoked by notice to the person to whom the consent was given.
(5)    The grounds upon which a council may withhold consent under subsection (1) above, and may revoke a consent under subsection (4) above are that—
(a)    the applicant is unsuitable by reason of misconduct;
(b)    the applicant has within the previous five years been convicted of an offence under this section;
(c)    there is already a sufficiency of persons to whom consent has been given under this section for carrying out in the designated place the activity in respect of which the consent is requested;
(d)    there would be a risk of danger or unreasonable inconvenience to users of land if the consent is given, or, as the case may be, not revoked;
(e)    (in the case of a revocation) the applicant has failed to avail himself of his consent, or to avail himself of it to a reasonable extent.
(6)    A person aggrieved by—
(a)    the withholding by the council of consent referred to in subsection (3) above;
(b)    the conditions subject to which the council gave such consent; or
(c)    the revocation of such consent under subsection (5) above;
    may appeal to a magistrates' court by way of complaint for an order and on such an appeal the court may dismiss or allow the appeal or may vary any conditions imposed by the council.
(7)    This section applies in the area of a participating council as from the appointed day.
(8)    A participating council may designate for the purposes of this section, in accordance with Schedule 2 to this Act, any land in their area which is land to which this section applies.
(9)    In this section “multiple dog-walking” in relation to a person means walking (or otherwise proceeding) with four or more dogs under that person's control.

 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2001
Prepared 4 December 2001