London Local Authorities Bill—continued
Part 4—continued
        House of Commons

 

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30     Greater London Magistrates' Courts Authority

Regulations under section 59B(3) of the Justices of the Peace Act 1997 (c. 25) may provide that the amount to be paid by each London local authority to the Greater London Magistrates' Courts Authority under that subsection may be determined by reference to the council tax base for each London local authority, calculated in accordance with regulations made under section 33 of the Local Government Finance Act 1992 (c. 14).

31     Hotel Proprietors Act 1956

(1)    The Hotel Proprietors Act 1956 (c. 62) shall have effect in the area of a participating council as if in paragraph (b) of the Schedule to that Act (which makes provision for the making good of loss or damage to a guest's property by hotel proprietors) for “£50” there were substituted “£3000” and for “£100” there were substituted “£6000”.
(2)    The Secretary of State may, by regulations, alter the amounts mentioned in the said paragraph (b) as amended by subsection (1) above.
(3)    Regulations under this section may have effect only in relation to the area of a participating council.

32     Powers of parks constables

(1)    The Greater London Parks and Open Spaces Order 1967 shall have effect in the area of a participating council in accordance with this section.
(2)    For article 18 (which makes provision for the procuring and swearing in of constables for securing the observance of enactments relating to open spaces under the control or management of local authorities in London) there is substituted the following article—

"(1)    Subject to the provisions of paragraphs (2) to (7) of this article, any two justices may, on the application of a local authority, appoint all or so many as they think fit of the persons recommended to them for that purpose by that authority to act as constables in the area of the local authority.
(2)    Any constable so appointed under paragraph (1) shall, for the duration of his appointment, only act as a constable in, on and in the vicinity of open spaces under the control or management of the local authority and any person appointed as a constable under paragraph (1) shall not act as a constable under this article unless in uniform or provided with a warrant.
(3)    Every person so appointed shall, on appointment, be attested as a constable before the justices appointing him by making a declaration in the form set out in Schedule 3 to this Order.
(4)    Every person so appointed and having been attested in accordance with paragraph (3), in addition to any powers and immunities specially conferred on him by any other enactment, shall within any area in which he is authorised to act as a constable, have all the powers, protection, privileges and immunities of a police constable in respect of the exercise of his duties.
(5)    Any two justices or the local authority may dismiss from his office or accept the resignation of any constable so appointed and thereupon all powers, protection, privileges and immunity belonging to such person by virtue of such appointment shall wholly cease. No person so dismissed or resigning shall be capable of being reappointed except with the consent of the authority by whom he was dismissed or by whom his resignation was accepted.
(6)    The Metropolitan Police Authority shall not be liable for any expense of or be responsible for any acts or defaults of such constables or for anything connected with or consequent upon their appointment and nothing in this article shall restrict or affect the jurisdiction or powers of the Metropolitan Police Authority or of any police force under their control.
(7)    Every person so appointed and having been attested shall, during the continuance of this appointment, be exempt from serving on any jury.
(8)    Any person who, with intent to deceive, impersonates a constable appointed under this article, or makes any statement or does any act calculated falsely to suggest that he is such a constable, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(9)    Any person who, not being a constable appointed under this article, wears any article of uniform in circumstances where it gives him an appearance so nearly resembling that of a constable appointed under this article as to be calculated to deceive shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(10)    Any person who, not being a constable appointed under this article has in his possession any article of a uniform of a constable appointed under this article shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(11)    Nothing in this article shall be deemed to render applicable to any person so appointed the provisions of the Police Pensions Act 1976 (c. 35) or any other enactments relating to pensions, gratuities and allowances in respect of police services.
(12)    In this article “article of uniform” means any article of uniform or any distinctive badge or mark or document of identification usually issued to members of police forces, special constables or constables appointed under this article, or anything having the appearance of such an article, badge, mark or document.".
(3)    After Schedule 2 to the said Order of 1967 there shall be inserted the Schedule contained in Schedule 6 to this Act.

33     Enforcement of control as to advertisements

(1)    Section 224 (Enforcement of control as to advertisements) of the Town and Country Planning Act 1990 (c. 8) shall apply in the area of a participating council as if—
(a)    in subsection (5), at the beginning, the words “Subject to subsection (6),” were inserted;
(b)    after subsection (5), the following subsections were inserted:—

"(6)    Subsection (5)(b) shall not apply in the case where the local planning authority requested the person deemed to be displaying the advertisement to remove it and it had not been removed within a period of 24 hours from the time the request was made.
(7)    For the purposes of subsection (6) above, where a request is made by sending it by first class post, the time at which the request shall be taken to be made is 9.30 am on the day following the day on which it was posted.".

34     Provision of information to authorised officer

(1)    This section applies where an authorised officer of a participating council has reasonable grounds for suspecting that any offence in respect of which the council 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 whom 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.

35     Application of London Local Authorities Act 2000

(1)    In the definition of “participating council” in section 2 (Interpretation) of the London Local Authorities Act 2000 (c. vii), the words “other than Barnet” are repealed.
(2)    Subsection (1) of section 4 (Service of penalty charge notice on the basis of information provided by camera, etc.) of that Act is repealed.

PART 5

SUPPLEMENTAL

36     Authorised officers

(1)    In this Act “authorised officer” means—
(a)    any employee of a participating council;
(b)    any 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;
(2)    In each of the Acts mentioned in subsection (3) below, “authorised officer” in relation to a participating council, shall have the same meaning as in subsection (1) above save that—
(a)    the reference to the relevant provision of this Act shall include a reference to the relevant provision of the Act as so mentioned; and
(b)    where appropriate, the reference to the participating council includes a reference to the participating council under the Act so mentioned.
(3)    The Acts are—
(a)    the London Local Authorities Acts 1990 to 2000, except the London Local Authorities (No.2) Act 1990 (c. xxx); and
(b)    the City of Westminster Act 1999 (c. i).
(4)    The Environmental Protection Act 1990(c. 43) shall have effect in the area of a participating council as if—
(a)    in subsection (10) of section 88, for the definition of “authorised officer” there were substituted the following definition:—

  "“authorised officer” means—
(a)    any employee of the litter authority;
(b)    any person by whom, in pursuance of arrangements made with the litter authority, any functions under this Act fall to be discharged; or
(c)    any employee of any such person;
    who is authorised in writing by the litter authority to act in relation to the relevant provision of this Act.".
(5)    The definition of “authorised officer” in section 2 of each of the enactments specified in Schedule 7 to this Act is hereby repealed.

37     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.

38     Proof of designation of land

In any proceedings which require proof of the designation of land under this Act it shall be presumed, unless the contrary is proved, that the said designation was duly made and that any procedural requirements relating to the making of the designation and the giving of any notices or information before or after the making of the designation were properly complied with.

39     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.

40     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.

41     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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Prepared 4 December 2001