Anti-social Behaviour Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Clause 48

 

THE BARONESS SCOTLAND OF ASTHAL

92Page 40, line 11, at end insert—
"(5)  In section 9 (section 8: supplementary), for subsection (4) substitute—
    "(4)  A local authority may use any sums it receives under section 8 (its "penalty receipts") only for the purposes of functions of its that are qualifying functions.
    (4A)  The following are qualifying functions for the purposes of this section—
    (a)  functions under this Act, and
    (b)  functions of a description specified in regulations made by the Secretary of State.
    (4B)  Regulations under subsection (4A)(b) may (in particular) have the effect that a local authority may use its penalty receipts for the purposes of any of its functions.
    (4C)  A local authority must supply the Secretary of State with such information relating to the use of its penalty receipts as the Secretary of State may require.
    (4D)  The Secretary of State may by regulations—
    (a)  make provision for what a local authority is to do with its penalty receipts—
    (i)  pending their being used for the purposes of qualifying functions of the authority;
    (ii)  if they are not so used before such time after their receipt as may be specified by the regulations;
    (b)  make provision for accounting arrangements in respect of a local authority's penalty receipts.
    (4E)  The provision that may be made under subsection (4D)(a)(ii) includes (in particular) provision for the payment of sums to a person (including the Secretary of State) other than the local authority.
    (4F)  Before making regulations under this section, the Secretary of State must consult—
    (a)  the local authorities to which the regulations are to apply, and
    (b)  such other persons as the Secretary of State considers appropriate."
(6)  In section 11 (interpretation and subordinate legislation), in subsection (3) after "order", in the first place where it occurs, insert "or regulations".
(7)  The reference to the Noise Act 1996 (c. 37) 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."
 

Clause 49

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

93Page 41, line 5, at end insert—
"(   )  Inform the person to whom a notice under subsection (1) is given of his right to ask to be tried for the alleged offence and explain how that right may be exercised."
 

After Clause 49

 

THE BARONESS HAMWEE
THE BARONESS LINKLATER OF BUTTERSTONE

94Insert the following new Clause—
  "Fly-posting removal
(1)  The Town and Country Planning Act 1990 (c. 8) shall be amended as follows.
(2)  In subsection (3) of section 224 (enforcement of control as to advertisements) for "level 3" substitute "level 4".
(3)  In subsection (1) of section 225 (power to remove or obliterate placards and posters) leave out "or obliterate".
(4)  In subsection (2) of section 225 (power to remove or obliterate placards and posters) leave out "or obliteration".
(5)  In subsection (3)(b) of section 225 (power to remove or obliterate placards and posters) leave out "or obliterate".
(6)  In subsection (5) of section 225 (power to remove or obliterate placards and posters) for "two days" substitute "six hours"."
 

Clause 56

 

THE LORD DIXON-SMITH

95Page 45, line 29, at end insert "and may not exercise any of the powers conferred by section 54 or 55 unless and until such guidance is issued to it or it is otherwise authorised"
 

After Clause 58

 

THE BARONESS SCOTLAND OF ASTHAL

96Insert the following new Clause—
  "Display of advertisements in contravention of regulations
  In section 224(3) of the Town and Country Planning Act 1990 (c. 8) (offence of displaying advertisement in contravention of regulations) for "level 3", in both places where it occurs, substitute "level 4"."
 

Clause 59

 

THE EARL ATTLEE

97Page 47, line 3, leave out second "an" and insert "a large"
 

THE LORD DIXON-SMITH

98Page 47, line 4, leave out "eighteen" and insert "sixteen"
 

THE EARL ATTLEE

99Page 47, line 4, at end insert "who cannot show a lawful use for it"
100Page 47, line 5, after "(1)" insert ""large"
101Page 47, line 7, at end insert ", and
(c)  contains more than 125ml of paint."
 

THE LORD DIXON-SMITH

102Page 47, line 14, leave out "eighteen" and insert "sixteen"
 

THE EARL ATTLEE

103Page 47, line 14, at end insert ", or
(c)  he has shown the purchaser's driving licence or a relevant vehicle registration document"
 

Clause 62

 

THE LORD LESTER OF HERNE HILL
THE BARONESS LINKLATER OF BUTTERSTONE

104Page 49, line 6, leave out ""20" substitute "2"" and insert ""of 20 or more persons in a public place which is wholly or partly open to the air" substitute "compromising a significant body of persons gathered in a public place which is wholly or partly open to the air in such circumstances as to give rise to a reasonable belief falling within section 14 of the Public Order Act 1986"
104A*Leave out Clause 62
 

Clause 64

 

THE LORD DIXON-SMITH

105Page 49, line 32, leave out subsection (2) and insert—
"(2)  In section 68 (offence of aggravated trespass) the following subsections shall be substituted for subsections (1) and (2)—
    "(1)  A person commits the offence of aggravated trespass if he trespasses on land and, in relation to any lawful activity on or taking place on that or adjoining land does there anything which is intended by him to have the effect—
    (a)  of intimidating those persons or any of them so as to deter them or any of them from engaging in that activity,
    (b)  of obstructing that activity, or
    (c)  of disrupting that activity.
    (2)  Activity on any occasion on the part of a person or persons on land is "lawful" for the purposes of this section if he or they may engage in the activity on the land without committing an offence or trespassing on the land, and for the purpose of subsection (1)(b) and (c) above, the offence may be committed whether or not the person or persons who may engage in the lawful activity are physically present on the land when a person does anything intended by him to have the effects referred to in those subsections.""
 

Clause 65

 

THE LORD AVEBURY
THE LORD WEDDERBURN OF CHARLTON

106Page 50, line 17, leave out "if" and insert "that"
107Page 50, line 18, leave out from "land" to end of line 20 and insert—
"(   )  that the local authority within whose area the land is situated has certified that there is a pitch on a relevant caravan site for that caravan or each of those caravans;"
 

THE BARONESS SCOTLAND OF ASTHAL

108Page 50, line 19, after first "a" insert "suitable"
 

THE BARONESS TURNER OF CAMDEN
THE LORD WEDDERBURN OF CHARLTON
THE LORD AVEBURY

109Page 50, line 22, at end insert—
"(   )  that where a family is travelling in more than one vehicle, the powers in this section will not be used to send different vehicles to different sites;
(   )  that where there are children resident on site, the welfare of the children will be the primary concern of those exercising powers under this section."
 

THE BARONESS SCOTLAND OF ASTHAL

110Page 50, line 24, at end insert—
    "(3A)  Subsection (3B) applies if—
    (a)  a police officer proposes to give a direction under subsection (1) in relation to a person and land, and
    (b)  it appears to him that the person has one or more caravans in his possession or under his control on the land.
    (3B)  The officer must consult every local authority within whose area the land is situated as to whether there is a suitable pitch for the caravan or each of the caravans on a relevant caravan site which is situated in the local authority's area."
 

THE BARONESS TURNER OF CAMDEN
THE LORD WEDDERBURN OF CHARLTON
THE LORD AVEBURY

111Page 50, line 36, at end insert—
 ""senior police officer" means an officer who has had specific training in working with travellers and ethnic gypsies, addressing race relations and child protection"
112Page 50, line 42, at end insert—
    "(7)  The Deputy Prime Minister shall, following consultation with the Commission for Racial Equality and other interested parties, issue guidance to local authorities and to the police on the operation of this section."
 

Clause 66

 

THE LORD AVEBURY
THE BARONESS TURNER OF CAMDEN
THE LORD WEDDERBURN OF CHARLTON

113Page 51, line 13, leave out from "to" to second "a"
 

THE BARONESS TURNER OF CAMDEN
THE LORD WEDDERBURN OF CHARLTON
THE LORD AVEBURY

114Page 51, line 14, leave out "or both"
115Page 51, line 29, leave out "and was residing with his parent or guardian"
 

After Clause 68

 

THE LORD DIXON-SMITH

116Insert the following new Clause—
  "Misuse of land
(1)  Where the use of a parcel of land changes and—
(a)  the new use requires planning permission under the Town and Country Planning Act 1990 (c. 8) and no application has been made to the relevant planning authority for planning permission for the change of use nor granted by them, and
(b)  the change of use creates a public nuisance;
  the relevant local authority may take action to have the site restored to its former state.
(2)  If the relevant local authority decides to take action to restore a site it must serve notice of its intention on the owners and occupiers of the site.
(3)  If, on receipt of a notice, the owners or the occupiers of the site do not cease the unauthorised use immediately, they shall be guilty of an offence.
(4)  a person guilty of an offence under this section shall be liable, on summary conviction to—
(a)  imprisonment for a term not exceeding 6 months,
(b)  a fine not exceeding #20,000, or
(c)  both.
(5)  Where the owner of the site is responsible for the change of use or has otherwise permitted other persons to undertake the change of use and he takes no action to restore the site, the relevant local authority may restore the site and charge the owner for the full cost of the restoration.
(6)  Where the owner of the site has not authorised the occupiers of the site to change the use, the relevant local authority shall require the occupiers of the site to undertake the restoration and, if they take no action, may undertake the restoration and charge the occupiers for the full cost of the restoration."
117Insert the following new Clause—
  "Causing danger on highway pavements and other public places
  After section 163(2) of the Road Traffic Act 1988 (c. 52) insert—
    "(   )  A person travelling on a highway pavement or other public area that is paved, employing anything riding on wheels, without due consideration for the needs of others must stop on being required to do so by a constable in uniform.""
 

After Clause 69

 

THE BARONESS SCOTLAND OF ASTHAL
THE BARONESS GARDNER OF PARKES
THE BARONESS HAMWEE

118Insert the following new Clause—

"PART 8A

HIGH HEDGES

  Complaints to which this Part applies
(1)  This Part applies to a complaint which—
(a)  is made for the purposes of this Part by an owner or occupier of a domestic property; and
(b)  alleges that his reasonable enjoyment of that property is being adversely affected by the height of a high hedge situated on land owned or occupied by another person.
(2)  This Part also applies to a complaint which—
(a)  is made for the purposes of this Part by an owner of a domestic property that is for the time being unoccupied, and
(b)  alleges that the reasonable enjoyment of that property by a prospective occupier of that property would be adversely affected by the height of a high hedge situated on land owned or occupied by another person,
  as it applies to a complaint falling within subsection (1).
(3)  In relation to a complaint falling within subsection (2), references in sections (Procedure for dealing with complaints) and (Remedial notices) to the effect of the height of a high hedge on the complainant's reasonable enjoyment of a domestic property shall be read as references to the effect that it would have on the reasonable enjoyment of that property by a prospective occupier of the property.
      26(4)  This Part does not apply to complaints about the effect of the roots of a high hedge.
(5)  In this Part, in relation to a complaint —
 "complainant" means—
(a)  a person by whom the complaint is made; or
(b)  if every person who made the complaint ceases to be an owner or occupier of the domestic property specified in the complaint, any other person who is for the time being an owner or occupier of that property;
  and references to the complainant include references to one or more of the complainants;
 "the neighbouring land" means the land on which the high hedge is situated; and
 "the relevant authority" means the local authority in whose area that land is situated."
 

THE LORD DIXON-SMITH
[As an amendment to amendment 118]

119Line 26, at end insert—
"(   )  This Part does not apply to any such evergreens which afford shelter to land used for the purposes of agriculture or horticulture."
 

THE BARONESS SCOTLAND OF ASTHAL
THE BARONESS GARDNER OF PARKES
THE BARONESS HAMWEE

120Insert the following new Clause—
  "High hedges
(1)  In this Part "high hedge" means so much of a barrier to light or access as—
(a)  is formed wholly or predominantly by a line of two or more evergreens; and
(b)  rises to a height of more than two metres above ground level.
(2)  For the purposes of subsection (1) a line of evergreens is not to be regarded as forming a barrier to light or access if the existence of gaps significantly affects its overall effect as such a barrier at heights of more than two metres above ground level.
(3)  In this section "evergreen" means an evergreen tree or shrub or a semi-evergreen tree or shrub."
121Insert the following new Clause—
  "Domestic property
(1)  In this Part "domestic property" means—
(a)  a dwelling; or
(b)  a garden or yard which is used and enjoyed wholly or mainly in connection with a dwelling.
(2)  In subsection (1) "dwelling" means any building or part of a building occupied, or intended to be occupied, as a separate dwelling.
(3)  A reference in this Part to a person's reasonable enjoyment of domestic property includes a reference to his reasonable enjoyment of a part of the property."
122Insert the following new Clause—
  "Procedure for dealing with complaints
(1)  This section has effect where a complaint to which this Part applies—
(a)  is made to the relevant authority; and
(b)  is accompanied by such fee (if any) as the authority may determine.
(2)  If the authority consider—
(a)  that the complainant has not taken all reasonable steps to resolve the matters complained of without proceeding by way of such a complaint to the authority, or
(b)  that the complaint is frivolous or vexatious,
  the authority may decide that the complaint should not be proceeded with.
(3)  If the authority do not so decide, they must decide—
(a)  whether the height of the high hedge specified in the complaint is adversely affecting the complainant's reasonable enjoyment of the domestic property so specified; and
(b)  if so, what action (if any) should be taken in relation to that hedge, in pursuance of a remedial notice under section (Remedial notices), with a view to remedying the adverse effect or preventing its recurrence.
(4)  If the authority decide under subsection (3) that action should be taken as mentioned in paragraph (b) of that subsection, they must as soon as is reasonably practicable—
(a)  issue a remedial notice under section (Remedial notices) implementing their decision;
(b)  send a copy of that notice to the following persons, namely—
(i)  every complainant; and
(ii)  every owner and every occupier of the neighbouring land; and
(c)  notify each of those persons of the reasons for their decision.
(5)  If the authority—
(a)  decide that the complaint should not be proceeded with, or
(b)  decide either or both of the issues specified in subsection (3) otherwise than in the complainant's favour,
  they must as soon as is reasonably practicable notify the appropriate person or persons of any such decision and of their reasons for it.
(6)  For the purposes of subsection (5)—
(a)  every complainant is an appropriate person in relation to a decision falling within paragraph (a) or (b) of that subsection; and
(b)  every owner and every occupier of the neighbouring land is an appropriate person in relation to a decision falling within paragraph (b) of that subsection.
(7)  A fee determined under subsection (1)(b) must not exceed the amount prescribed in regulations made—
(a)  in relation to complaints relating to hedges situated in England, by the Secretary of State; and
(b)  in relation to complaints relating to hedges situated in Wales, by the National Assembly for Wales.
(8)  A fee received by a local authority by virtue of subsection (1)(b) may be refunded by them in such circumstances and to such extent as they may determine."
123Insert the following new Clause—
  "Remedial notices
(1)  For the purposes of this Part a remedial notice is a notice—
(a)  issued by the relevant authority in respect of a complaint to which this Part applies; and
(b)  stating the matters mentioned in subsection (2).
(2)  Those matters are—
(a)  that a complaint has been made to the authority under this Part about a high hedge specified in the notice which is situated on land so specified;
(b)  that the authority have decided that the height of that hedge is adversely affecting the complainant's reasonable enjoyment of the domestic property specified in the notice;
(c)  the initial action that must be taken in relation to that hedge before the end of the compliance period;
(d)  any preventative action that they consider must be taken in relation to that hedge at times following the end of that period while the hedge remains on the land; and
(e)  the consequences under sections (Offences) and (Action by relevant authority) of a failure to comply with the notice.
(3)  The action specified in a remedial notice is not to require or involve—
(a)  a reduction in the height of the hedge to less than two metres above ground level; or
(b)  the removal of the hedge.
(4)  A remedial notice shall take effect on its operative date.
(5)  "The operative date" of a remedial notice is such date (falling at least 28 days after that on which the notice is issued) as is specified in the notice as the date on which it is to take effect.
(6)  "The compliance period" in the case of a remedial notice is such reasonable period as is specified in the notice for the purposes of subsection (2)(c) as the period within which the action so specified is to be taken; and that period shall begin with the operative date of the notice.
(7)  Subsections (4) to (6) have effect in relation to a remedial notice subject to—
(a)  the exercise of any power of the relevant authority under section (Withdrawal or relaxation of requirements of remedial notices); and
(b)  the operation of sections (Appeals against remedial notices and other decisions of relevant authorities) to (Determination or withdrawal of appeals) in relation to the notice.
(8)  While a remedial notice has effect, the notice—
(a)  shall be a local land charge; and
(b)  shall be binding on every person who is for the time being an owner or occupier of the land specified in the notice as the land where the hedge in question is situated.
(9)  In this Part—
 "initial action" means remedial action or preventative action, or both;
 "remedial action" means action to remedy the adverse effect of the height of the hedge on the complainant's reasonable enjoyment of the domestic property in respect of which the complaint was made; and
 "preventative action" means action to prevent the recurrence of the adverse effect."
124Insert the following new Clause—
  "Withdrawal or relaxation of requirements of remedial notices
(1)  The relevant authority may—
(a)  withdraw a remedial notice issued by them; or
(b)  waive or relax a requirement of a remedial notice so issued.
(2)  The powers conferred by this section are exercisable both before and after a remedial notice has taken effect.
(3)  Where the relevant authority exercise the powers conferred by this section, they must give notice of what they have done to—
(a)  every complainant; and
(b)  every owner and every occupier of the neighbouring land.
(4)  The withdrawal of a remedial notice does not affect the power of the relevant authority to issue a further remedial notice in respect of the same hedge."
125Insert the following new Clause—
  "Appeals against remedial notices and other decisions of relevant authorities
(1)  Where the relevant authority—
(a)  issue a remedial notice,
(b)  withdraw such a notice, or
(c)  waive or relax the requirements of such a notice,
  each of the persons falling within subsection (2) may appeal to the appeal authority against the issue or withdrawal of the notice or (as the case may be) the waiver or relaxation of its requirements.
(2)  Those persons are—
(a)  every person who is a complainant in relation to the complaint by reference to which the notice was given; and
(b)  every person who is an owner or occupier of the neighbouring land.
(3)  Where the relevant authority decide either or both of the issues specified in section (Procedure for dealing with complaints) (3) otherwise than in the complainant's favour, the complainant may appeal to the appeal authority against the decision.
(4)  An appeal under this section must be made before—
(a)  the end of the period of 28 days beginning with the relevant date; or
(b)  such later time as the appeal authority may allow.
(5)  In subsection (4) "the relevant date"—
(a)  in the case of an appeal against the issue of a remedial notice, means the date on which the notice was issued; and
(b)  in the case of any other appeal under this section, means the date of the notification given by the relevant authority under section (Procedure for dealing with complaints) or (Withdrawal or relaxation of requirements of remedial notices) of the decision in question.
(6)  Where an appeal is duly made under subsection (1), the notice or (as the case may be) withdrawal, waiver or relaxation in question shall not have effect pending the final determination or withdrawal of the appeal.
(7)  In this Part "the appeal authority" means—
(a)  in relation to appeals relating to hedges situated in England, the Secretary of State; and
(b)  in relation to appeals relating to hedges situated in Wales, the National Assembly for Wales."
126Insert the following new Clause—
  "Appeals procedure
(1)  The appeal authority may by regulations make provision with respect to—
(a)  the procedure which is to be followed in connection with appeals to that authority under section (Appeals against remedial notices and other decisions of relevant authorities); and
(b)  other matters consequential on or connected with such appeals.
(2)  Regulations under this section may, in particular, make provision—
(a)  specifying the grounds on which appeals may be made;
(b)  prescribing the manner in which appeals are to be made;
(c)  requiring persons making appeals to send copies of such documents as may be prescribed to such persons as may be prescribed;
(d)  requiring local authorities against whose decisions appeals are made to send to the appeal authority such documents as may be prescribed;
(e)  specifying, where a local authority are required by virtue of paragraph (d) to send the appeal authority a statement indicating the submissions which they propose to put forward on the appeal, the matters to be included in such a statement;
(f)  prescribing the period within which a requirement imposed by the regulations is to be complied with;
(g)  enabling such a period to be extended by the appeal authority;
(h)  for a decision on an appeal to be binding on persons falling within section (Appeals against remedial notices and other decisions of relevant authorities) (2) in addition to the person by whom the appeal was made;
(i)  for incidental or ancillary matters, including the awarding of costs.
(3)  Where an appeal is made to the appeal authority under section (Appeals against remedial notices and other decisions of relevant authorities) the appeal authority may appoint a person to hear and determine the appeal on its behalf.
(4)  The appeal authority may require such a person to exercise on its behalf any functions which—
(a)  are conferred on the appeal authority in connection with such an appeal by section (Appeals against remedial notices and other decisions of relevant authorities) or (Determination or withdrawal of appeals) or by regulations under this section; and
(b)  are specified in that person's appointment;
  and references to the appeal authority in section (Appeals against remedial notices and other decisions of relevant authorities) or (Determination or withdrawal of appeals) or in any regulations under this section shall be construed accordingly.
(5)  The appeal authority may pay a person appointed under subsection (3) such remuneration as it may determine.
(6)  Regulations under this section may provide for any provision of Schedule 20 to the Environment Act 1995 (c. 25) (delegation of appellate functions) to apply in relation to a person appointed under subsection (3) with such modifications (if any) as may be prescribed.
(7)  In this section, "prescribed" means prescribed by regulations made by the appeal authority."
127Insert the following new Clause—
  "Determination or withdrawal of appeals
(1)  On an appeal under section (Appeals against remedial notices and other decisions of relevant authorities) the appeal authority may allow or dismiss the appeal, either in whole or in part.
(2)  Where the appeal authority decides to allow such an appeal to any extent, it may do such of the following as it considers appropriate—
(a)  quash a remedial notice or decision to which the appeal relates;
(b)  vary the requirements of such a notice; or
(c)  in a case where no remedial notice has been issued, issue on behalf of the relevant authority a remedial notice that could have been issued by the relevant authority on the complaint in question.
(3)  On an appeal under section (Appeals against remedial notices and other decisions of relevant authorities) relating to a remedial notice, the appeal authority may also correct any defect, error or misdescription in the notice if it is satisfied that the correction will not cause injustice to any person falling within section (Appeals against remedial notices and other decisions of relevant authorities) (2).
(4)  Once the appeal authority has made its decision on an appeal under section (Appeals against remedial notices and other decisions of relevant authorities), it must, as soon as is reasonably practicable—
(a)  give a notification of the decision, and
(b)  if the decision is to issue a remedial notice or to vary or correct the requirements of such a notice, send copies of the notice as issued, varied or corrected,
  to every person falling within section (Appeals against remedial notices and other decisions of relevant authorities) (2) and to the relevant authority.
(5)  Where, in consequence of the appeal authority's decision on an appeal, a remedial notice is upheld or varied or corrected, the operative date of the notice shall be—
(a)  the date of the appeal authority's decision; or
(b)  such later date as may be specified in its decision.
(6)  Where the person making an appeal under section (Appeals against remedial notices and other decisions of relevant authorities) against a remedial notice withdraws his appeal, the operative date of the notice shall be the date on which the appeal is withdrawn.
(7)  In any case falling within subsection (5) or (6), the compliance period for the notice shall accordingly run from the date which is its operative date by virtue of that subsection (and any period which may have started to run from a date preceding that on which the appeal was made shall accordingly be disregarded)."
128Insert the following new Clause—
  "Powers of entry for the purposes of complaints and appeals
(1)  Where, under this Part, a complaint has been made or a remedial notice has been issued, a person authorised by the relevant authority may enter the neighbouring land in order to obtain information required by the relevant authority for the purpose of determining—
(a)  whether this Part applies to the complaint;
(b)  whether to issue or withdraw a remedial notice;
(c)  whether to waive or relax a requirement of a remedial notice;
(d)  whether a requirement of a remedial notice has been complied with.
(2)  Where an appeal has been made under section (Appeals against remedial notices and other decisions of relevant authorities), a person authorised—
(a)  by the appeal authority, or
(b)  by a person appointed to determine appeals on its behalf,
  may enter the neighbouring land in order to obtain information required by the appeal authority, or by the person so appointed, for the purpose of determining an appeal under this Part.
(3)  A person shall not enter land in the exercise of a power conferred by this section unless at least 24 hours' notice of the intended entry has been given to every occupier of the land.
(4)  A person authorised under this section to enter land—
(a)  shall, if so required, produce evidence of his authority before entering; and
(b)  shall produce such evidence if required to do so at any time while he remains on the land.
(5)  A person who enters land in the exercise of a power conferred by this section may—
(a)  take with him such other persons as may be necessary;
(b)  take with him equipment and materials needed in order to obtain the information required;
(c)  take samples of any trees or shrubs that appear to him to form part of a high hedge.
(6)  If, in the exercise of a power conferred by this section, a person enters land which is unoccupied or from which all of the persons occupying the land are temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.
(7)  A person who intentionally obstructs a person acting in the exercise of the powers under this section is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale."
129Insert the following new Clause—
  "Offences
(1)  Where—
(a)  a remedial notice requires the taking of any action; and
(b)  that action is not taken in accordance with that notice within the compliance period or (as the case may be) by the subsequent time by which it is required to be taken,
  every person who, at a relevant time, is an owner or occupier of the neighbouring land is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(2)  In subsection (1) "relevant time"—
(a)  in relation to action required to be taken before the end of the compliance period, means a time after the end of that period and before the action is taken; and
(b)  in relation to any preventative action which is required to be taken after the end of that period, means a time after that at which the action is required to be taken but before it is taken.
(3)  In proceedings against a person for an offence under subsection (1) it shall be a defence for him to show that he did everything he could be expected to do to secure compliance with the notice.
(4)  In any such proceedings against a person, it shall also be a defence for him to show, in a case in which he—
(a)  is not a person to whom a copy of the remedial notice was sent in accordance with a provision of this Part, and
(b)  is not assumed under subsection (5) to have had knowledge of the notice at the time of the alleged offence,
  that he was not aware of the existence of the notice at that time.
(5)  A person shall be assumed to have had knowledge of a remedial notice at any time if at that time—
(a)  he was an owner of the neighbouring land; and
(b)  the notice was at that time registered as a local land charge.
(6)  Section 198 of the Law of Property Act 1925 (c. 20) (constructive notice) shall be disregarded for the purposes of this section.
(7)  Where a person is convicted of an offence under subsection (1) and it appears to the court—
(a)  that a failure to comply with the remedial notice is continuing, and
(b)  that it is within that person's power to secure compliance with the notice,
  the court may, in addition to or instead of imposing a punishment, order him to take the steps specified in the order for securing compliance with the notice.
(8)  An order under subsection (7) must require those steps to be taken within such reasonable period as may be fixed by the order.
(9)  Where a person fails without reasonable excuse to comply with an order under subsection (7) he is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(10)  Where a person continues after conviction of an offence under subsection (9) (or of an offence under this subsection) to fail, without reasonable excuse, to take steps which he has been ordered to take under subsection (7), he is guilty of a further offence and shall be liable, on summary conviction, to a fine not exceeding one-twentieth of that level for each day on which the failure has so continued."
130Insert the following new Clause—
  "Power to require occupier to permit action to be taken by owner
  Section 289 of the Public Health Act 1936 (c. 49) (power of court to require occupier to permit work to be done by owner) shall apply with any necessary modifications for the purpose of giving an owner of land to which a remedial notice relates the right, as against all other persons interested in the land, to comply with the notice."
131Insert the following new Clause—
  "Action by relevant authority
(1)  This section applies where—
(a)  a remedial notice requires the taking of any action; and
(b)  that action is not taken in accordance with that notice within the compliance period or (as the case may be) after the end of that period when it is required to be taken by the notice.
(2)  Where this section applies—
(a)  a person authorised by the relevant authority may enter the neighbouring land and take the required action; and
(b)  the relevant authority may recover any expenses reasonably incurred by that person in doing so from any person who is an owner or occupier of the land.
(3)  Expenses recoverable under this section shall be a local land charge and binding on successive owners of the land and on successive occupiers of it.
(4)  Where expenses are recoverable under this section from two or more persons, those persons shall be jointly and severally liable for the expenses.
(5)  A person shall not enter land in the exercise of a power conferred by this section unless at least 7 days' notice of the intended entry has been given to every occupier of the land.
(6)  A person authorised under this section to enter land—
(a)  shall, if so required, produce evidence of his authority before entering; and
(b)  shall produce such evidence if required to do so at any time while he remains on the land.
(7)  A person who enters land in the exercise of a power conferred by this section may—
(a)  use a vehicle to enter the land;
(b)  take with him such other persons as may be necessary;
(c)  take with him equipment and materials needed for the purpose of taking the required action.
(8)  If, in the exercise of a power conferred by this section, a person enters land which is unoccupied or from which all of the persons occupying the land are temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it.
(9)  A person who wilfully obstructs a person acting in the exercise of powers under this section to enter land and take action on that land is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale."
132Insert the following new Clause—
  "Offences committed by bodies corporate
(1)  Where an offence under this Part 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)  a director, manager, secretary or other similar officer of the body corporate, or
(b)  any person who was purporting to act in any such capacity,
  he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
(2)  Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation 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."
133Insert the following new Clause—
  "Service of documents
(1)  A notification or other document required to be given or sent to a person by virtue of this Part shall be taken to be duly given or sent to him if served in accordance with the following provisions of this section.
(2)  Such a document may be served—
(a)  by delivering it to the person in question;
(b)  by leaving it at his proper address; or
(c)  by sending it by post to him at that address.
(3)  Such a document may—
(a)  in the case of a body corporate, be served on the secretary or clerk of that body;
(b)  in the case of a partnership, be served on a partner or a person having the control or management of the partnership business.
(4)  For the purposes of this section and of section 7 of the Interpretation Act 1978 (c. 30) (service of documents by post) in its application to this section, a person's proper address shall be his last known address, except that—
(a)  in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body; and
(b)  in the case of a partnership or person having the control or the management of the partnership business, it shall be the principal office of the partnership.
(5)  For the purposes of subsection (4) the principal office of—
(a)  a company registered outside the United Kingdom, or
(b)  a partnership carrying on business outside the United Kingdom,
  shall be their principal office within the United Kingdom.
(6)  If a person has specified an address in the United Kingdom other than his proper address within the meaning of subsection (4) as the one at which he or someone on his behalf will accept documents of a particular description, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 (c. 30) as his proper address in connection with the service on him of a document of that description.
(7)  Where—
(a)  by virtue of this Part a document is required to be given or sent to a person who is an owner or occupier of any land, and
(b)  the name or address of that person cannot be ascertained after reasonable inquiry,
  the document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land."
134Insert the following new Clause—
  "Documents in electronic form
(1)  A requirement of this Part—
(a)  to send a copy of a remedial notice to a person, or
(b)  to notify a person under section (Procedure for dealing with complaints) (4) of the reasons for the issue of a remedial notice,
  is not capable of being satisfied by transmitting the copy or notification electronically or by making it available on a web-site.
(2)  The delivery of any other document to a person (the "recipient") may be effected for the purposes of section (Service of documents) (2)(a)—
(a)  by transmitting it electronically, or
(b)  by making it available on a web-site,
  but only if it is transmitted or made available in accordance with subsection (3) or (5).
(3)  A document is transmitted electronically in accordance with this subsection if—
(a)  the recipient has agreed that documents may be delivered to him by being transmitted to an electronic address and in an electronic form specified by him for that purpose; and
(b)  the document is a document to which that agreement applies and is transmitted to that address in that form.
(4)  A document which is transmitted in accordance with subsection (3) by means of an electronic communications network shall, unless the contrary is proved, be treated as having been delivered at 9 a.m. on the working day immediately following the day on which it is transmitted.
(5)  A document is made available on a web-site in accordance with this subsection if—
(a)  the recipient has agreed that documents may be delivered to him by being made available on a web-site;
(b)  the document is a document to which that agreement applies and is made available on a web-site;
(c)  the recipient is notified, in a manner agreed by him, of—
(i)  the presence of the document on the web-site;
(ii)  the address of the web-site; and
(iii)  the place on the web-site where the document may be accessed.
(6)  A document made available on a web-site in accordance with subsection (5) shall, unless the contrary is proved, be treated as having been delivered at 9 a.m. on the working day immediately following the day on which the recipient is notified in accordance with subsection (5)(c).
(7)  In this section—
 "electronic address" includes any number or address used for the purposes of receiving electronic communications;
 "electronic communication" means an electronic communication within the meaning of the Electronic Communications Act 2000 (c. 7) the processing of which on receipt is intended to produce writing;
 "electronic communications network" means an electronic communications network within the meaning of the Communications Act 2003 (c. 21);
 "electronically" means in the form of an electronic communication;
 "working day" means a day which is not a Saturday or a Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 (c. 80)."
135Insert the following new Clause—
  "Power to make further provision about documents in electronic form
(1)  Regulations may amend section (Documents in electronic form) by modifying the circumstances in which, and the conditions subject to which, the delivery of a document for the purposes of section (Service of documents) (2)(a) may be effected by—
(a)  transmitting the document electronically; or
(b)  making the document available on a web-site.
(2)  Regulations may also amend section (Documents in electronic form) by modifying the day on which and the time at which documents which are transmitted electronically or made available on a web-site in accordance with that section are to be treated as having been delivered.
(3)  Regulations under this section may make such consequential amendments of this Part as the person making the regulations considers appropriate.
(4)  The power to make such regulations shall be exercisable—
(a)  in relation to documents relating to complaints about hedges situated in England, by the Secretary of State; and
(b)  in relation to documents relating to complaints about hedges situated in Wales, by the National Assembly for Wales.
(5)  In this section "electronically" has the meaning given in section (Documents in electronic form)."
136Insert the following new Clause—
  "Interpretation
  In this Part—
 "the appeal authority" has the meaning given by section (Appeals against remedial notices and other decisions of relevant authorities) (7);
 "complaint" shall be construed in accordance with section (Complaints to which this Part applies);
 "complainant" has the meaning given by section (Complaints to which this Part applies) (5);
 "the compliance period" has the meaning given by section (Remedial notices) (6);
 "domestic property" has the meaning given by section (Domestic property);
 "high hedge" has the meaning given by section (High hedges);
 "local authority", in relation to England, means—
(a)  a district council;
(b)  a county council for a county in which there are no districts;
(c)  a London borough council; or
(d)  the Common Council of the City of London;
  and, in relation to Wales, means a county council or a county borough council;
 "the neighbouring land" has the meaning given by section (Complaints to which this Part applies) (5);
 "occupier", in relation to any land, means a person entitled to possession of the land by virtue of an estate or interest in it;
 "the operative date" shall be construed in accordance with sections (Remedial notices) (5) and (Determination or withdrawal of appeals) (5) and (6);
 "owner", in relation to any land, means a person (other than a mortgagee not in possession) who, whether in his own right or as trustee for any person—
(a)  is entitled to receive the rack rent of the land, or
(b)  where the land is not let at a rack rent, would be so entitled if it were so let;
 "preventative action" has the meaning given by section (Remedial notices) (9);
 "the relevant authority" has the meaning given by section (Complaints to which this Part applies) (5);
 "remedial notice" shall be construed in accordance with section (Remedial notices) (1);
 "remedial action" has the meaning given by section (Remedial notices) (9)."
137Insert the following new Clause—
  "Power to amend sections (Complaints to which this Part applies) and (High hedges)
(1)  Regulations may do one or both of the following—
(a)  amend section (Complaints to which this Part applies) for the purpose of extending the scope of complaints relating to high hedges to which this Part applies; and
(b)  amend section (High hedges) (definition of "high hedge").
(2)  The power to make such regulations shall be exercisable—
(a)  in relation to complaints about hedges situated in England, by the Secretary of State; and
(b)  in relation to complaints about hedges situated in Wales, by the National Assembly for Wales.
(3)  Regulations under this section may make such consequential amendments of this Part as the person making the regulations considers appropriate."
138Insert the following new Clause—
  "Crown application
(1)  This Part and any provision made under it bind the Crown.
(2)  This section does not impose criminal liability on the Crown.
(3)  Subsection (2) does not affect the criminal liability of persons in the service of the Crown."

 
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©Parliamentary copyright 2003
23 October 2003