London Local Authorities and Transport for London Bill [HL]—continued
Part 2—continued
        House of Lords

 

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18     Removal notices: appeals

(1)    Any person—
(a)    upon whom a subsection (2) removal notice has been served under section 17 (Removal of things deposited on the highway) of this Act; or
(b)    having control of or an interest in the relevant business in respect of which the notice was served; or
(c)    being the owner of a thing which has been removed by the highway authority under the said section 17,
    may appeal to the magistrates' court.
(2)    An appeal under subsection (1) above may be brought—
(a)    on the grounds that any requirement imposed by this Act has not been complied with; and
(b)    at any time—
(i)    before the expiry of the period of 21 days beginning with the date on which the subsection (2) removal notice was served in the case of an appeal brought under paragraphs (a) or (b) of subsection (1) above; or
(ii)    before the expiry of the period of 21 days beginning with the date on which the thing was removed in the case of an appeal brought under paragraph (c) of subsection (1) above.
(3)    On an appeal to the magistrates' court under this section the court may make such order as it thinks fit and it shall be the duty of the council to give effect to such order.

19     Service of removal notices

(1)    A subsection (2) removal notice under section 17 (Removal of things deposited on the highway) of this Act may be served either—
(a)    by delivering it to the person on whom it is to be served; 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 in a prepaid registered letter, or by the recorded delivery service, 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 in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.
(2)    Where the name of the person on whom the subsection (2) removal notice is to be served cannot be ascertained after reasonable inquiry, or that person is a company or body incorporated outside England or Wales, the notice shall be taken to be duly served if a copy of it is affixed conspicuously to some object on the premises in which the relevant business is conducted and—
(a)    it is addressed to that person either by name or by the description of “the owner” or “the manager”, or as the case may be, of the business (describing it) and is delivered or sent in the manner specified in subsection (1)(a), (b) or (c) above; or
(b)    it is so addressed and is marked in such a manner that it is plainly identifiable as a communication of importance and—
(i)    it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it; or
(ii)    it is delivered to some person on those premises.
(3)    This section is without prejudice to section 233 (General provisions as to service of notices by local authorities) of the Local Government Act 1972 (c. 70).

PART 3

SUPPLEMENTARY

20     Disclosure of information

(1)    Any person who, apart from this section, would not have power to disclose information obtained by a borough council or Transport for London under this Act about the identity of the owner of a vehicle to—
(a)    a borough council;
(b)    Transport for London; or
(c)    a person acting on behalf of a borough council or Transport for London,
    shall have power to do so in any case where the disclosure is necessary for the purposes of enforcing any provision of the enactments mentioned in subsection (2) below.
(2)    The enactments referred to in subsection (1) above are—
(a)    the Refuse Disposal (Amenity) Act 1978 (c. 3);
(b)    Part II (Traffic in London) of the Road Traffic Act 1991 (c. 40);
(c)    Part II (Bus lanes) of the London Local Authorities Act 1996 (c. ix); and
(d)    sections 4 (Penalty charges for road traffic contraventions) and 5 (Contraventions of lorry ban order: supplementary) of this Act.

21     Authorised officers

In this Act “authorised officer”, in relation to a borough council or Transport for London, means—

(a)    any employee of that council or body;
(b)    any person by whom, in pursuance of arrangements made with that council or body, any functions under this Act fall to be discharged; or
(c)    any employee of any such person,
    who is authorised in writing by that council or body to act in relation to the relevant provision of this Act.

22     Obstruction of authorised officer

Any person who intentionally obstructs any authorised officer acting in the exercise of his powers under this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

23     Provision of information to authorised officer of Transport for London

(1)    This section applies where an authorised officer of Transport for London has reasonable grounds for suspecting that any offence in respect of which that body may prosecute legal proceedings has been committed or attempted, or is being committed or attempted.
(2)    If, on being requested by the authorised officer to furnish his name and address for service of a summons or fixed penalty notice the relevant person—
(a)    fails to furnish a name; or
(b)    furnishes a false name; or
(c)    furnishes a false address,
    the relevant person shall, unless the authorised officer failed to produce his authorisation on making the request, be guilty of an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale.
(3)    In this section “the relevant person” means any person who the authorised officer has reasonable grounds to suspect of having committed or having attempted to commit the offence or being in the course of committing or attempting to commit it.

24     Defence of due diligence

(1)    In proceedings for an offence under this Act it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
(2)    If in any case the defence provided under subsection (1) above 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 before the hearing, 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.

25     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) above 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.

26     Regulations

(1)    Any power to make regulations conferred by this Act includes power to make provision in respect of such cases only as may be specified in the regulations and to make different provision for different circumstances.
(2)    Any power to make regulations conferred by this Act shall be exercised by statutory instrument.
(3)    Any statutory instrument made under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 

 
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