Nottingham City Council Bill [HL]—continued
Part 4—continued
        House of Lords

 

back to previous text

15     Defence of due diligence

(1)    In proceedings for any offence under this Act it shall be a defence for the person charged to prove that he took reasonable precautions and exercised due diligence to avoid the commission of the offence.
(2)    If in any case the defence provided under subsection (1) involves the allegation that the commission of the offence was due to the act or default of another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless, no later than 7 clear days after entering a plea, he has served on the prosecutor a notice in writing giving such information as was then in his possession identifying or assisting in the identification of that other person.

16     Offence of obstruction

(1)    Any person who—
(a)    intentionally obstructs any authorised officer acting in the exercise of his powers under this Act; or
(b)    without reasonable cause fails to give any authorised officer any assistance or information which the officer may reasonably require of him for the purposes of the exercise of the officer's functions under any provision of this Act;
    shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(2)    Subsection (1)(b) applies in relation to a constable as it applies in relation to an authorised officer.

17     Liability of directors, etc.

(1)    Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence.
(2)    Where the affairs of the body corporate are managed by its members, subsection (1) shall apply to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

18     Restriction on right to prosecute

The written consent of the Director of Public Prosecutions is needed for the laying of an information of an offence created by this Act by any person other than the council or a constable.

19     Resolutions

Where the council pass any resolution under this Act (other than a resolution bringing into effect section 4 (Registration of dealers in second-hand goods and premises) of this Act), they shall, no later than 28 days before the resolution comes into effect, either—

(a)    serve on every person registered under section 4 and affected by the resolution; or
(b)    cause to be published in a local newspaper circulating in the city,
    notice of the passing of any such resolution.

20     Service of notices, etc.

(1)    Any notice or other document required or authorised to be served or given in writing under this Act may be served or given either—
(a)    by delivering it to the person on whom it is to be served or to whom it is to be given; or
(b)    by leaving it at the usual or last known place of abode or business of that person, or, in a case where an address for service has been given by that person, at that address; or
(c)    by sending it by ordinary post addressed to that person at his usual or last known place of abode or business, or, in a case where an address for service has been given by that person, at that address; or
(d)    in the case of a company or body incorporated in England or Wales, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it by ordinary post addressed to the secretary or clerk of the company or body at that office.
(2)    If the name or address of any person on whom any notice or other document required or authorised to be served under the provisions of this Act cannot after reasonable enquiry be ascertained, the document may be given or served by either—
(a)    leaving it in the hands of a person who appears to be the owner of, resident in or employed in; or
(b)    leaving it conspicuously affixed to some part of,
    the premises being used or to be used for trading regulated under the provisions of this Act.

 
previous section contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2003
Prepared 29 April 2003