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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Part 7 — The environment

    46

 

     (4)    On the determination of such an appeal, the magistrates’ court must do one of

the following—

           (a)           quash the notice,

           (b)           modify the notice,

           (c)           dismiss the appeal.

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     (5)    Where the court modifies the notice or dismisses the appeal, it may extend the

period specified in the notice.

     (6)    A person on whom a notice under section 55(2) is served may, within the

period of 21 days beginning with the day on which it is served, appeal to a

magistrates’ court on the grounds that the expenditure which the authority is

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proposing to recover is excessive.

     (7)    On the determination of an appeal under subsection (6), the magistrates’ court

must do either of the following—

           (a)           confirm that the amount which the authority is proposing to recover is

reasonable, or

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           (b)           substitute a lower amount as the amount which the authority are

entitled to recover.

 58    Exemption from liability in relation to graffiti removal notices

     (1)    None of the persons mentioned in subsection (2) is to have any liability to any

person responsible for the relevant surface for damages or otherwise (whether

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at common law or otherwise) arising out of anything done or omitted to be

done in the exercise or purported exercise of—

           (a)           the power under subsection (4) of section 54 (including as provided for

in subsection (5) of that section), or

           (b)           the power under subsection (7) of that section.

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     (2)    Those persons are—

           (a)           in the case of the power mentioned in subsection (1)(a)—

                  (i)                 the local authority and any employee of the authority, and

                  (ii)                any person authorised by the authority under section 54(4) and

the employer or any employee of that person, and

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           (b)           in the case of the power mentioned in subsection (1)(b), the local

authority and any employee of the authority.

     (3)    Subsection (1) does not apply—

           (a)           if the act or omission is shown to have been in bad faith;

           (b)           to liability arising out of a failure to exercise due care and attention;

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           (c)           so as to prevent an award of damages made in respect of an act or

omission on the ground that the act or omission was unlawful by virtue

of section 6(1) of the Human Rights Act 1998 (c. 42).

     (4)    This section does not affect any other exemption from liability (whether at

common law or otherwise).

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     (5)           Section 54(11) is to apply for the purposes of this section as it applies for the

purposes of that section.

 

 

Anti-social Behaviour Bill
Part 7 — The environment

    47

 

Aerosol paints

 59    Sale of aerosol paint to children

     (1)    A person commits an offence if he sells an aerosol paint container to a person

under the age of eighteen.

     (2)    In subsection (1) “aerosol paint container” means a device which—

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           (a)           contains paint stored under pressure, and

           (b)           is designed to permit the release of the paint as a spray.

     (3)    A person guilty of an offence under this section shall be liable on summary

conviction to a fine not exceeding level 4 on the standard scale.

     (4)    It is a defence for a person charged with an offence under this section in respect

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of a sale to prove that—

           (a)           he took all reasonable steps to determine the purchaser’s age, and

           (b)           he reasonably believed that the purchaser was not under the age of

eighteen.

     (5)    It is a defence for a person charged with an offence under this section in respect

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of a sale effected by another person to prove that he (the defendant) took all

reasonable steps to avoid the commission of an offence under this section.

Waste and litter

 60    Unlawfully deposited waste etc

     (1)    The Control of Pollution (Amendment) Act 1989 (c. 14) is amended in

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accordance with subsections (2) and (3).

     (2)    In subsection (1) of section 7 (further enforcement provisions) for “relevant

authority” substitute “waste regulation authority”.

     (3)    After subsection (1) of section 9 (interpretation) insert—

           “(1A)              In sections 5 to 7 above “regulation authority” also means a waste

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collection authority falling within section 30(3)(a), (b) or (bb) of the

Environmental Protection Act 1990.”

     (4)    After section 59 of the Environmental Protection Act 1990 (c. 43) insert—

       “59A                         Directions in relation to exercise of powers under section 59

           (1)           The Secretary of State may issue directions setting out categories of

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waste to which a waste regulation authority or waste collection

authority in England and Wales should give priority for the purposes

of exercising its powers under section 59 above.

           (2)           Priorities set out in directions under subsection (1) above may be

different for different authorities or areas.

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           (3)           But nothing in this section or in any directions issued under it affects

any power of an authority under section 59 above.”

           (4)           In section 71 of the Environmental Protection Act 1990 (obtaining

 

 

Anti-social Behaviour Bill
Part 7 — The environment

    48

 

information from persons and authorities), after subsection (3) insert—

           “(4)              The Secretary of State may, by notice in writing, require a waste

regulation authority or waste collection authority in England and

Wales to supply to him, or to such other person as may be specified in

the notice, such information as may be so specified in respect of—

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                  (a)                 cases where the authority has exercised any powers under

section 59 above, and

                  (b)                 cases where the authority has taken action under any other

enactment in respect of any deposit or other disposal of

controlled waste in contravention of section 33(1) above.””

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     (5)    Subsection (15) of section 108 of the Environment Act 1995 (c. 25) (powers of

enforcing authorities and persons authorised by them) is amended in

accordance with subsections (6) to (8).

     (6)    In the definition of “enforcing authority” after paragraph (b) insert—

                    “(ba)                      a waste collection authority;”.

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     (7)    After the definition of “pollution control functions” in relation to the Agency

or SEPA insert—

                    ““pollution control functions”, in relation to a waste collection authority,

means the functions conferred on it by section 59 of the Environmental

Protection Act 1990;”.

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     (8)    After the definition of “premises” insert—

                    ““waste collection authority” shall be construed in accordance with

section 30(3)(a), (b) and (bb) of the Environmental Protection Act 1990.”

     (9)    The reference to the Environmental Protection Act 1990 (c. 43) in Schedule 1 to

the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/

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672) is to be treated as referring to that Act as amended by this section.

 61    Extension of litter authority powers to take remedial action

     (1)    For section 92(10) of the Environmental Protection Act 1990 (restriction on

remedial action by litter authorities) substitute—

           “(10)              Subsection (9) above does not apply in relation to any land to which

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subsection (11) or (12) below applies.

           (11)              This subsection applies to any relevant Crown land which is occupied

for naval, military or air force purposes.

           (12)              This subsection applies to any relevant land of a statutory undertaker

in relation to which the Secretary of State has specified, by order, that it

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is requisite or expedient that, in the national interest, subsection (9)

above should not apply.”

     (2)    The reference to the Environmental Protection Act 1990 in Schedule 1 to the

National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/

672) is to be treated as referring to that Act as amended by this section.

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Anti-social Behaviour Bill
Part 8 — Public order and trespass

    49

 

Part 8

Public order and trespass

 62    Public assemblies

In section 16 of the Public Order Act 1986 (c. 64) (which defines “public

assembly” for the purposes of the power in section 14 of that Act to impose

5

conditions on public assemblies), in the definition of “public assembly” for “20”

substitute “2”.

 63    Raves

     (1)    Section 63 of the Criminal Justice and Public Order Act 1994 (c. 33) (powers in

relation to raves) is amended as follows.

10

     (2)    In subsection (1) for “100” substitute “20”.

     (3)    After subsection (1) insert—

           “(1A)              This section also applies to a gathering if—

                  (a)                 it is a gathering on land of 20 or more persons who are

trespassing on the land; and

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                  (b)                 it would be a gathering of a kind mentioned in subsection (1)

above if it took place on land in the open air.”

     (4)    In subsection (2) omit “in the open air”.

     (5)    In subsection (7) for “this section” substitute “subsection (6) above”.

     (6)    After subsection (7) insert—

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           “(7A)              A person commits an offence if—

                  (a)                 he knows that a direction under subsection (2) above has been

given which applies to him, and

                  (b)                 he makes preparations for or attends a gathering to which this

section applies within the period of 24 hours starting when the

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direction was given.

           (7B)              A person guilty of an offence under subsection (7A) above is liable on

summary conviction to imprisonment for a term not exceeding three

months or a fine not exceeding level 4 on the standard scale, or both.”

 64    Aggravated trespass

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     (1)    The Criminal Justice and Public Order Act 1994 (c. 33) is amended as follows.

     (2)    In section 68 (offence of aggravated trespass), in subsection (1) (which defines

the offence by reference to trespass on land in the open air and lawful activity

on land in the open air) omit “in the open air” in both places where those words

appear.

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     (3)    In section 69 (powers to remove persons committing or participating in

aggravated trespass), in subsection (1) (which confers the power by reference

to trespass on land in the open air) omit “in the open air” in both places where

those words appear.

 

 

 
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