London Local Authorities Bill [HL]—continued
Part 5—continued
        House of Lords

 

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29     Enforcement of control as to advertisements

Section 224 (Enforcement of control as to advertisements) of the Town and Country Planning Act 1990 (c. 8) shall apply in the area of a borough council as if—

(a)    in subsection (5) for the words “if he proves that it was displayed without his knowledge or consent” there were substituted “if he proves either of the matters specified in subsection (6) below”; and
(b)    after that subsection there were inserted—

    "(6)    The matters are—
    "(a)    that the advertisement was displayed or, as the case may be, continued to be displayed without his knowledge; or(b)that he took all reasonable steps and exercised all due diligence to prevent the display or, as the case may be, to secure that the display was discontinued.".

30     Provision of information to authorised officer

(1)    This section applies where an authorised officer of a borough council has reasonable grounds for suspecting that any offence in respect of which the council 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 whom 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.

31     Application of London Local Authorities Act 2000

(1)    In the definition of “participating council” in section 2 (Interpretation) of the London Local Authorities Act 2000 (c. vii), the words “other than Barnet” are repealed.
(2)    In the definition of “outer London borough” in subsection (6) of section 45 (Dangerous structures) of that Act, the words “but does not include the London Borough of Barnet” are repealed.
(3)    Subsection (1) of section 4 (Service of penalty charge notice on the basis of information provided by camera, etc.) of that Act is repealed.

PART 6

SUPPLEMENTAL

32     Authorised officers

(1)    In this Act “authorised officer”, in relation to a borough council, means—
(a)    any employee of the council;
(b)    any person by whom, in pursuance of arrangements made with the council, any functions under this Act fall to be discharged; or
(c)    any employee of any such person,
    who is authorised in writing by the council to act in relation to the relevant provision of this Act.
(2)    In each of the scheduled Acts “authorised officer”, in relation to a borough council, shall have the same meaning as in subsection (1) above save that—
(a)    the reference to the relevant provision of this Act shall include a reference to the relevant provision of the Act as so mentioned; and
(b)    where appropriate, the reference to the participating council includes a reference to the borough council under the Act so mentioned.
(3)    The Environmental Protection Act 1990 (c. 43) shall have effect in the area of a borough council as if—
(a)    in subsection (10) of section 88, for the definition of “authorised officer” there were substituted the following definition—

      “authorised officer” means—
    "(a)    any employee of the litter authority;
    "(b)    any person by whom, in pursuance of arrangements made with the litter authority, any functions under this Act fall to be discharged; or
    "(c)    any employee of any such person,
        who is authorised in writing by the litter authority to act in relation to the relevant provision of this Act.".
(4)    The definition of “authorised officer” in section 2 of each of the scheduled Acts is hereby repealed.
(5)    In this section the “scheduled Acts” means the Acts specified in Schedule 6 to this Act.

33     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.

34     Proof of designation of land

In any proceedings which require proof of the designation of land under this Act it shall be presumed, unless the contrary is proved, that the said designation was duly made and that any procedural requirements relating to the making of the designation and the giving of any notices or information before or after the making of the designation were properly complied with.

35     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.

36     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.

37     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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Prepared 28 March 2003