Arrangement of Clauses (Contents)

Canterbury City Council Bill—continued


 

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11Touting
(1)The council may designate, in accordance with subsection (3), any of the following places, or any part of such places, in the city as places to which this section applies for any of the purposes of subsection (2)—
(a)a public off-street car park, recreation ground, garden or other park, pleasure ground or open space under the management and control of the council;
(b)a street or esplanade, parade, promenade or way to which the public commonly have access, whether or not as of right.
(2)Any person who, in a place designated under this section importunes any person by touting for a hotel, lodging house, restaurant or other place of refreshment, for a shop, for a theatre or nightclub or other place of amusement or recreation, or for a boat or other conveyance shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3)Before designating any place for any of the purposes of subsection (2) the council shall give notice of their proposal by advertisement in a newspaper circulating in the city, and by posting it in the places to which it relates, stating that objections to the proposal may be made to the proper officer of the council within a time, not less than 28 days after the giving of the notice, specified in the notice.
(4)After taking into consideration any objections made in accordance with subsection (3), the council may by resolution designate as places to which this section applies for any of the purposes of subsection (2) all or any, or any part, of the places specified in the notice given under that subsection.
(5)A resolution under subsection (4) shall come into force on such day as shall be specified by a notice given in the same manner as a notice given under subsection (3), being a day not less than 28 days after the day on which notice is given under this subsection.
(6)This section shall not prohibit the doing of anything on land by the owner or occupier of the land, or by any person with the consent of the owner or occupier, or the doing of anything on land forming part of a highway by the owner or occupier of land fronting that part.

Fixed penalties

12Fixed penalty offences
(1)Where on any occasion an authorised officer, constable or (by virtue of section 18(1)) a community support officer finds a person who he has reason to believe has on that occasion committed in the city a relevant offence or an offence under section 11, the officer, constable or community support officer may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
(2)Section 13 shall apply in respect of fixed penalty notices under this section.
(3)An authorised officer, constable or (by virtue of section 18(1)) a community support officer may not exercise the powers under subsection (1) and section 13 shall have no effect until the levels of fixed penalties set by the council in accordance with section 14 have come into force for the first time in accordance with section 15.

13Fixed penalty notices
(1)The provisions of this section shall have effect in relation to notices (in this section referred to as "fixed penalty notices") which may be given under section 12 by an authorised officer, a constable or (by virtue of section 18(1)) a community support officer in respect of a relevant offence.
(2)Where a person is given a fixed penalty notice in respect of a relevant offence—
(a)no proceedings shall be instituted for that offence before the expiration of 14 days following the date of the notice; and
(b)he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.
(3)A notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence and shall state—
(a)the period during which, by virtue of subsection (2), proceedings will not be taken for the offence;
(b)the amount of the fixed penalty; and
(c)the name of the person to whom and the address at which the fixed penalty may be paid.
(4)Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).
(5)Where a letter is sent in accordance with subsection (4), payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(6)The form of notices under this section shall—
(a)be such as the council shall prescribe; and
(b)be in substantially the same form as notices prescribed by the Secretary of State under section 88(5) of the Environmental Protection Act 1990 (c. 43) (fixed penalty notices for leaving litter).
(7)The fixed penalty payable in pursuance of a fixed penalty notice under this section shall be paid to the council.
(8)Section 16 shall have effect with respect to financial provisions relating to fixed penalties payable in pursuance of a fixed penalty notice under this section.
(9)In any proceedings a certificate which—
(a)purports to be signed by or on behalf of the chief finance officer of the council; and
(b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,

shall be evidence of the facts stated.

(10)In this section, "chief finance officer", in relation to the council, means the person having responsibility for the financial affairs of the council.

14Levels of fixed penalties
(1)It shall be the duty of the council to set the levels of fixed penalties payable to them under section 13.
(2)Different levels may be set for different areas in the city and for different cases or classes of case.
(3)In setting the level of fixed penalty under subsection (1) the council may—
(a)in respect of relevant offences, take account of—
(i)any reasonable costs or expected costs incurred or to be incurred in connection with the administration of the provisions of Schedule 4 to the 1982 Act; and
(ii)the cost or expected cost of enforcing the provisions of that Schedule.
(b)in respect of offences under section 11, take account of—
(i)any reasonable costs or expected costs incurred or to be incurred in connection with the administration of the provisions of that section; and
(ii)the cost or expected cost of enforcing the provisions of that section.
(4)Levels of fixed penalties set by the council in accordance with this section may only come into force in accordance with section 15.
(5)The council shall, in a notice in a local newspaper circulating in the city, publish the levels of fixed penalties which have been set by them in accordance with this section.

15Fixed penalties: reserve powers of Secretary of State
(1)Where the council set any levels of fixed penalties under section 14(1), they shall notify the Secretary of State of the levels of fixed penalties so set.
(2)Where notification of any levels of fixed penalties is required to be given under subsection (1), the levels of fixed penalties shall not come into force until after the expiration of—
(a)the period of one month beginning with the day on which the notification is given; or
(b)such shorter period as the Secretary of State may allow.
(3)If, before the expiration of that period, the Secretary of State gives notice to the council that he objects to the levels of fixed penalties on the grounds that some or all of them are or may be excessive, those levels of fixed penalties to which he objects shall not come into force unless and until the objection has been withdrawn.
(4)If, at any time before the levels of fixed penalties required to be notified under subsection (1) to the Secretary of State have come into force, the Secretary of State considers that some or all of them are excessive, he may make regulations setting the levels of fixed penalties.
(5)Levels of fixed penalties set under subsection (4) must be no higher than those notified under subsection (1).
(6)Regulations under subsection (4) are without prejudice to the duty imposed on the council by section 14(1); but where the Secretary of State makes any such regulations the council must not set any further fixed penalties under the said subsection (1) until after the expiration of the period of 12 months beginning with the day on which the regulations are made.
(7)The power to make regulations conferred by subsection (4)—
(a)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; and
(b)shall be exercised by statutory instrument subject to annulment in pursuance of a resolution in either House of Parliament.

16Financial provisions
(1)The council shall keep an account of their income and expenditure in respect of the administration and enforcement of sections 12 and 13.
(2)At the end of each financial year any deficit in the account shall be made good out of the general rate fund, and (subject to subsection (3)) any surplus shall be applied to purposes connected with the improvement of the amenity of the city or any part of the city.
(3)If the council so determine, any amount not applied in any financial year, instead of being or remaining so appropriated, may be carried forward in the account kept under subsection (1) to the next financial year.
(4)The council shall, after each financial year, report to the Secretary of State on any action taken by them, pursuant to subsection (2) or (3), in respect of any deficit or surplus in their account for the year.
(5)The report under subsection (4) shall be made as soon after the end of the financial year to which it relates as possible.

Provision of information

17Provision of information to authorised officer
(1)This section applies where an authorised officer has reasonable grounds for suspecting that a relevant offence or an offence under section 11 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 be guilty of an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale.

(3)An authorised officer shall produce his authority if required to do so by the relevant person.
(4)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.

18Powers of community support officers
(1)Where a designation applies paragraph 1 of Schedule 4 to the 2002 Act (community support officers: power to issue fixed penalty notices) to any person that person shall have the power of an authorised officer or a constable to give a fixed penalty notice under section 12(1) in relation to any individual who he has reason to believe has committed a relevant offence or an offence under section 11 at a place within the relevant police area.
(2)A designation may apply the powers of a constable under section 6(1) to a person, and sections 6, 7, 8 and 10 shall apply as though the references to "constable" includes references to a person in respect of whom such a designation has been made.
(3)A relevant offence (within the meaning of this Act) and an offence under section 11 shall be treated as a relevant offence for the purposes of the following provisions of Part 1 of Schedule 4 to the 2002 Act (community support officers)—
(a)paragraph 1A (power to require name and address);
(b)paragraph 2 (power to detain, etc);
(c)paragraph 4 (power to use reasonable force to detain person).
(4)In this section—

"the 2002 Act" means the Police Reform Act 2002 (c. 30);

"designation" means a designation under section 38 of the 2002 Act.


 
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Prepared 30 November 2007