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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Part 9 — High hedges

    66

 

           (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

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                  (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).

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     (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

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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;

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                    “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).

 88    Power to make further provision about documents in electronic form

     (1)    Regulations may amend section 87 by modifying the circumstances in which,

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and the conditions subject to which, the delivery of a document for the

purposes of section 86(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 87 by modifying the day on which and the

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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.

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     (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.

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     (5)    In this section “electronically” has the meaning given in section 87.

 89    Interpretation

In this Part—

                      “the appeal authority” has the meaning given by section 78(7);

 

 

Anti-social Behaviour Bill
Part 9 — High hedges

    67

 

                      “complaint” shall be construed in accordance with section 72;

                      “complainant” has the meaning given by section 72(5);

                      “the compliance period” has the meaning given by section 76(6);

                      “domestic property” has the meaning given by section 74;

                      “high hedge” has the meaning given by section 73;

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                      “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;

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                            and, in relation to Wales, means a county council or a county borough

council;

                      “the neighbouring land” has the meaning given by section 72(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;

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                      “the operative date” shall be construed in accordance with sections 76(5)

and 80(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—

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                  (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 76(9);

                      “the relevant authority” has the meaning given by section 72(5);

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                      “remedial notice” shall be construed in accordance with section 76(1);

                      “remedial action” has the meaning given by section 76(9).

 90    Power to amend sections 72 and 73

     (1)    Regulations may do one or both of the following—

           (a)           amend section 72 for the purpose of extending the scope of complaints

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relating to high hedges to which this Part applies; and

           (b)           amend section 73 (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

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           (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.

 91    Crown application

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     (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.

 

 

Anti-social Behaviour Bill
Part 10 — General

    68

 

Part 10

General

 92    Repeals

Schedule 3 contains repeals.

 93    Commencement

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     (1)    Except as provided in subsections (2) and (3), the preceding provisions of this

Act (other than subsections (9) to (11) of section 37) come into force in

accordance with provision made by the Secretary of State by order.

     (2)    Part 2 and sections 19 to 22, 24(1), 43, 47 to 52, 54 to 59, 62 and 63

           (a)           so far as relating to England, come into force in accordance with

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provision made by the Secretary of State by order;

           (b)           so far as relating to Wales, come into force in accordance with provision

made by the National Assembly for Wales by order.

     (3)           Part 9 comes into force—

           (a)           in relation to complaints about hedges situated in England, in

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accordance with provision made by the Secretary of State by order;

           (b)           in relation to complaints about hedges situated in Wales, in accordance

with provision made by the National Assembly for Wales by order.

 94    Orders and regulations

     (1)    References in this section to subordinate legislation are to—

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           (a)           an order of the Secretary of State or the National Assembly for Wales

under this Act;

           (b)           regulations under this Act.

     (2)    Subordinate legislation—

           (a)           may make different provision for different purposes, different cases

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and different areas;

           (b)           may include incidental, supplemental, consequential, saving or

transitional provisions (including provisions applying, with or without

modification, provision contained in an enactment).

     (3)    A power to make subordinate legislation is exercisable by statutory

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instrument.

     (4)    A statutory instrument is subject to annulment in pursuance of a resolution of

either House of Parliament if it contains subordinate legislation made by the

Secretary of State other than—

           (a)           regulations under section 88 or 90; or

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           (b)           an order under section 93.

     (5)           No regulations shall be made by the Secretary of State under section 88 or 90

(whether alone or with other provisions) unless a draft of the statutory

instrument containing the regulations has been laid before, and approved by a

resolution of, each House of Parliament.

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Anti-social Behaviour Bill
Part 10 — General

    69

 

 95    Money

There shall be paid out of money provided by Parliament any increase

attributable to this Act in the sums payable out of money so provided under

any other enactment.

 96    Extent

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     (1)    Parts 1 to 5 and 7 to 9 extend to England and Wales only.

     (2)    Part 6 and this Part do not extend to Northern Ireland.

 97    Short title

This Act may be cited as the Anti-social Behaviour Act 2003.

 

 

 
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Revised 4 November 2003