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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Part 7 — The environment

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Removal of graffiti

 55    Graffiti removal notices

     (1)    This section applies where a local authority is satisfied—

           (a)           that a relevant surface in an area has been defaced by graffiti, and

           (b)           that the defacement is detrimental to the amenity of the area or is

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offensive.

     (2)    The authority may serve a notice (a “graffiti removal notice”) upon any person

who is responsible for the surface imposing the requirement mentioned in

subsection (3).

     (3)    That requirement is a requirement that the defacement be removed, cleared or

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otherwise remedied within a period specified in the notice being not less than

28 days beginning with the day on which the notice is served.

     (4)    If the requirement mentioned in subsection (3) is not complied with, the

authority or any person authorised by the authority may remove, clear or

otherwise remedy the defacement.

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     (5)    In exercising the power under subsection (4) the authority or any person

authorised by the authority may enter any land to the extent reasonably

necessary for that purpose.

     (6)    A graffiti removal notice must explain the effect of subsections (4) and (5) and

sections 56 and 58.

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     (7)    Subject to subsection (8), section 160 of the Environmental Protection Act 1990

(c. 43) has effect in relation to graffiti removal notices as if they were notices

within subsection (2) of that section.

     (8)    Where after reasonable enquiry a local authority is unable to ascertain the

name or proper address of any person who is responsible for a relevant surface,

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the authority may—

           (a)           affix a graffiti removal notice to the surface, and

           (b)           enter any land to the extent reasonably necessary for that purpose;

            and that notice shall be treated as having been served upon a person

responsible for the surface.

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     (9)    In this section a “relevant surface” is any of the following surfaces, whether

internal or external or open to the air or not—

           (a)           the surface of any street or of any building, structure, apparatus, plant

or other object in or on any street;

           (b)           the surface of any land owned, occupied or controlled by a statutory

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undertaker or of any building, structure, apparatus, plant or other

object in or on any such land;

           (c)           the surface of any land owned, occupied or controlled by an

educational institution (including its governing body) or of any

building, structure, apparatus, plant or other object in or on any such

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land.

     (10)   But a surface is not a relevant surface unless—

           (a)           in the case of a surface within subsection (9)(a), the street is public land;

           (b)           in the case of a surface within subsection (9)(b) or (c)—

                  (i)                 the land is public land,

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Anti-social Behaviour Bill
Part 7 — The environment

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                  (ii)                the surface is visible from public land, or

                  (iii)               the surface is otherwise visible to members of the public using

the services or facilities of the statutory undertaker or

educational institution in question or any other statutory

undertaker or educational institution.

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     (11)   A person is responsible for a relevant surface if—

           (a)           where it is the surface of any land (including a street), he owns, leases,

occupies, controls, operates or maintains the land, and

           (b)           where it is the surface of any other thing mentioned in subsection (9),

he owns, leases, occupies, controls, operates or maintains the thing.

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     (12)   In this section and in sections 56 to 59

                    “educational institution” has the meaning given by section 98(2) of the

Environmental Protection Act 1990 (c. 43),

                    “graffiti” includes painting, writing, soiling, marking or other defacing by

whatever means,

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                    “graffiti removal notice” has the meaning given by subsection (2),

                    “local authority” means an authority in England and Wales which is a

litter authority for the purposes of section 88 of the Environmental

Protection Act 1990,

                    “proper address” is to be read in accordance with section 160(4) and (5) of

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the Environmental Protection Act 1990,

                    “public land” means land to which the public are entitled or permitted to

have access with or without payment (including any street to which the

public are so entitled or permitted),

                    “statutory undertaker” has the meaning given by section 98(6) of the

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Environmental Protection Act 1990,

                    “street” has the meaning given by section 48(1) of the New Roads and

Street Works Act 1991 (c. 22).

 56    Recovery of expenditure

     (1)    A local authority may recover from the person on whom a graffiti removal

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notice was served expenditure reasonably incurred in exercise of the power

under section 55(4).

     (2)    A local authority may not recover expenditure from a person under subsection

(1) unless it has served on that person a notice which sets out the amount of,

and details of, the expenditure which it proposes to recover.

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     (3)    Section 160 of the Environmental Protection Act 1990 has effect in relation to

notices under subsection (2) as if they were notices within subsection (2) of that

section.

 57    Guidance

     (1)    The Secretary of State must issue guidance to local authorities in England for

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the purposes of sections 55 and 56.

     (2)    The National Assembly for Wales must issue guidance to local authorities in

Wales for the purposes of sections 55 and 56.

     (3)    A local authority must have regard to any guidance issued to it under this

section.

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Anti-social Behaviour Bill
Part 7 — The environment

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 58    Appeals

     (1)    A person on whom a graffiti removal notice is served may, within the period

of 21 days beginning with the day on which it is served, appeal against the

notice to a magistrates’ court on any of the following grounds.

     (2)    They are—

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           (a)           that the defacement is neither detrimental to the amenity of the area nor

offensive,

           (b)           that there is a material defect or error in, or in connection with, the

notice,

           (c)           that the notice should be served on another person.

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     (3)    Where an appeal under subsection (1) is brought, the graffiti removal notice

shall be of no effect pending the final determination or withdrawal of the

appeal.

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

the following—

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           (a)           quash the notice,

           (b)           modify the notice,

           (c)           dismiss the appeal.

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

period specified in the notice.

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     (6)    A person on whom a notice under section 56(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

proposing to recover is excessive.

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

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must do either of the following—

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

reasonable, or

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

entitled to recover.

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 59    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

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

done in the exercise or purported exercise of—

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           (a)           the power under subsection (4) of section 55 (including as provided for

in subsection (5) of that section), or

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

     (2)    Those persons are—

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

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

                  (ii)                any person authorised by the authority under section 55(4) and

the employer or any employee of that person, and

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

authority and any employee of the authority.

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Anti-social Behaviour Bill
Part 7 — The environment

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     (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;

           (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

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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).

     (5)           Section 55(11) is to apply for the purposes of this section as it applies for the

purposes of that section.

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Advertisements

 60    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”.

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Aerosol paints

 61    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 sixteen.

     (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

sixteen.

     (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

 62    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”.

 

 

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Part 7 — The environment

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

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

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—

5

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

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

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.

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

different for different authorities or areas.

           (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

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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 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.

 63    Extension of litter authority powers to take remedial action

     (1)    For section 92(10) of the Environmental Protection Act 1990 (c. 43) (restriction

 

 

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

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on remedial action by litter authorities) substitute—

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

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.

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           (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

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

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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.

Part 8

Public order and trespass

 64    Public assemblies

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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

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

substitute “2”.

 65    Raves

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

relation to raves) is amended as follows.

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

     (3)    After subsection (1) insert—

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

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

trespassing on the land; and

                  (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”.

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

     (6)    After subsection (7) insert—

           “(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

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

section applies within the period of 24 hours starting when the

direction was given.

 

 

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

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           (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.”

 66    Aggravated trespass

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

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     (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.

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

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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.

 67    Power to remove trespassers: alternative site available

After section 62 of the Criminal Justice and Public Order Act 1994 insert—

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       “62A Power to remove trespassers: alternative site available

           (1)           If the senior police officer present at a scene reasonably believes that the

conditions in subsection (2) are satisfied in relation to a person and

land, he may direct the person—

                  (a)                 to leave the land;

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                  (b)                 to remove any vehicle and other property he has with him on

the land.

           (2)           The conditions are—

                  (a)                 that the person and one or more others (“the trespassers”) are

trespassing on the land;

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                  (b)                 that the trespassers have between them at least one vehicle on

the land;

                  (c)                 that the trespassers are present on the land with the common

purpose of residing there for any period;

                  (d)                 if it appears to the officer that the person has one or more

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caravans in his possession or under his control on the land, that

there is a suitable pitch on a relevant caravan site for that

caravan or each of those caravans;

                  (e)                 that the occupier of the land or a person acting on his behalf has

asked the police to remove the trespassers from the land.

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           (3)           A direction under subsection (1) may be communicated to the person

to whom it applies by any constable at the scene.

           (4)                         Subsection (5) applies if—

                  (a)                 a police officer proposes to give a direction under subsection (1)

in relation to a person and land, and

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                  (b)                 it appears to him that the person has one or more caravans in his

possession or under his control on the land.

           (5)                         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

 

 

 
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