Arrangement of Clauses (Contents)

London Local Authorities Bill—continued


 

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24Amendment of City of Westminster Act 1996
(1)The City of Westminster Act 1996 (c. viii) (which makes provision about the closure of unlawful sex establishments) is amended as follows.
(2)In section 3(2)(a) for "section 4(5)(a)" substitute "section 4(6)(a)".
(3)In section 8(1)(c) and (d) for "by sending it in a prepaid registered letter, or by the recorded delivery service" substitute "by post".
(4)In section 8(2)(b)(i) for "in a prepaid registered letter, or by the recorded delivery service and is not returned to the authority sending it" substitute "by post".

25Management of street markets
(1)Where there is a relevant market or there are proposals for there to be a relevant market within the area of a borough council, the council may make arrangements with any person to manage the relevant market in accordance with this section.
(2)A person with whom arrangements are made under subsection (1) is a "market manager" for the purposes of this section.
(3)The arrangements which may be made under subsection (1) include arrangements enabling a market manager—
(a)to publicise the market;
(b)to arrange for the making of applications to the borough council for street trading licences and temporary licences for use at the market;
(c)to collect fees and charges on behalf of the borough council in respect of the market.
(4)Arrangements under subsection (1) may not make provision to enable a market manager to exercise any of the reserved statutory functions.
(5)The council may take into consideration any reasonable expenditure incurred by them (including payments made to a market manager) in making arrangements or under arrangements made under this section when setting the levels of fees and charges payable to them under section 32 of the 1990 Act (fees and charges) and section 22 of the 1999 Act (fees and charges).
(6)In this section—

"the Act of 1990" means the London Local Authorities Act 1990 (c. vii);

"the Act of 1999" means the City of Westminster Act 1999 (c. i);

"relevant market" means—

(a)a concourse of traders, two or more of whom are holders of a street trading licence or a temporary licence; or
(b)a concourse of two or more traders who trade under the authority of a single temporary licence;
the "reserved statutory functions" are the functions of—
(a)determining applications for the grant of street trading licences or temporary licences under section 25 of the Act of 1990 or sections 11 to 14 of the Act of 1999;
(b)renewing street trading licences under section 25 of the Act of 1990;
(c)making regulations prescribing standard conditions under section 27(3) of the Act of 1990 or section 10 of the Act of 1999;
(d)revoking street trading licences under section 28(1) of the Act of 1990 or section 15 of the Act of 1999;
(e)varying street trading licences under section 28(2) of the Act of 1990 or section 16 of the Act of 1999;
(f)charging fees for the renewal of a street trading licence under section 32(1) of the Act of 1990;
(g)charging fees for the variation of a street trading licence or its conditions under section 32(1) of the Act of 1990 or section 22(1) of the Act of 1999;
(h)recovering charges from street trading licence holders under section 32(2) of the Act of 1990 or section 22(2) of the Act of 1999;

"street trading licence" and "temporary licence" mean a street trading licence or a temporary licence within the meanings given by—

(a)section 21(1) of the Act of 1990; or
(b)section 2 of the Act of 1999,

   as the case may be.

26Street trading: vehicles and the internet
(1)Section 21 of the London Local Authorities Act 1990 (c. ii) shall apply in the area of a borough council as follows.
(2)In subsection (1), in the definition of "street trading", for "subsections (1A)" substitute "subsections (1AA) and (1A)".
(3)After subsection (1) insert the following subsection—
"(1AA)In this Part of this Act "street trading" shall also include the selling or exposure or offer for sale of any motor vehicle in the course of a business if the vehicle is—
(a)exposed or offered for sale on the internet; and
(b)kept on a street during the period when it is so exposed or offered for sale.".

City of Westminster Act 1999               

27Street trading in the City of Westminster
(1)The City of Westminster Act 1999(c. i) is amended as follows.
(2)In section 2 (interpretation), in the definition of "street trading", for "subsection (2)" substitute "subsections (1A) and (2)".
(3)After section 2(1) insert the following subsection—
"(1A)In this Act "street trading" shall also include the selling or exposure or offer for sale of any motor vehicle if the vehicle is—
(a)exposed or offered for sale on the internet; and
(b)kept on a street during the period when it is so exposed or offered for sale.".
(4)Renumber subsections (5) and (6) of section 27 (unlicensed street trading) as subsections (1) and (2) of a new section, headed "27A Seizure".
(5)After subsection (2) in the new section 27A insert—
"(3)An authorised officer or constable may also seize any receptacle or equipment (other than a motor vehicle) which—
(a)is in a street; and
(b)he has reasonable cause to suspect is intended to be used in connection with an offence under section 27 (unlicensed street trading) of this Act involving the sale, offer for sale, display, or exposing for sale of refreshments.".
(6)Renumber subsection (7) of section 27 as subsection (4) of new section 27A.
(7)After new section 27A insert the following new section—
"27BSeizure: notices
(1)This section applies in relation to any receptacle used in the sale, offer for sale, display, or exposing for sale of refreshments (in this section referred to as a "relevant item").
(2)An authorised officer or a constable—
(a)may give a notice under this section to the person from whom a relevant item was seized under subsection (1) or (2) of section 27A (seizure) of this Act (but no such notice may be given under this paragraph in respect of a motor vehicle);
(b)shall give a notice under this section to the person from whom a relevant item was seized under subsection (3) or (4) of that section,

and any such notice must be given as soon as reasonably practicable after the item was seized.

(3)A notice under this section shall be in such form as the council may prescribe, and shall —
(a)explain that unless the recipient of the notice completes it in accordance with subsection (4) below and then returns it to the council in accordance with subsection (5) below, the council may dispose of the relevant item in question in accordance with section 27D (disposal of seized objects by council) of this Act; and
(b)set out—
(i)the address to which the completed notice should be returned;
(ii)the date by which it must be returned (which must be no earlier than the date on which expires the period of 14 days beginning with the date on which the notice was given under subsection (2) above).
(4)A notice under this section is completed by writing, in the appropriate place on the notice—
(a)the name and full postal address of the recipient of the notice under subsection (2) above; and
(b)(in the case of a notice given in accordance with subsection (2)(a) above) confirmation that that person—
(i)intends to contest any criminal proceedings brought in respect of the alleged offence in respect of which the item in question was seized; or
(ii)if not, that he requires the council to make a complaint for a disposal order under section 27I (disposal orders) of this Act in respect of the relevant item in question; and
(c)(in the case of a notice given in accordance with subsection (2)(b) above) confirmation that that person requires the council to make a complaint for a disposal order under the said section 27I in respect of the relevant item in question; and
(d)the signature of that person; and
(e)the date on which it was signed.
(5)A notice under this section, once completed, is returned by delivering it or sending it by post to the address set out on the notice as mentioned in subsection (3)(b)(i) above on or before the date as mentioned in that subsection.
(6)If a notice given in accordance with subsection (2)(b) above is completed and returned in accordance with subsections (4) and (5) above the council must, no later than the date on which expires the period of 28 days beginning with the date on which the notice was received by them—
(a)make a complaint to the magistrates' court for a disposal order under section 27I (disposal orders) of this Act in respect of the relevant item in question; or
(b)return the relevant item in question to the person whose name and address are written on the returned notice,

unless, before the expiry of that period, an information has been laid and not withdrawn in respect of any alleged offence in respect of which the item was seized.".

(8)For subsection (8)(a) of section 27 substitute the following as subsection (1) of a new section, headed "27C Return of seized items"—
"(1)The provisions of this section shall have effect where any item is seized under subsection (1) of section 27A (seizure) of this Act or is seized and retained because it is required for evidential purposes under subsection (2) of that section and references in those provisions to proceedings are to proceedings in respect of the alleged offence in relation to which the item is seized.".
(9)Renumber paragraphs (b) to (h) of section 27(8) as subsections (2) to (8) of the new section 27C.
(10)After new section 27C insert the following new section—
"27DDisposal of seized objects by council
(1)The council may, in such manner as they think fit, dispose of—
(a)any relevant item (within the meaning of section 27B (seizure: notices) of this Act) seized under subsection (1) or (2) of section 27A (seizure) of this Act if in respect of the alleged offence in question—
(i)a fixed penalty is paid in accordance with section 16 of the London Local Authorities Act 2004 (c. i) before the expiry of the period mentioned in subsection (2) of that section; and
(ii)the fixed penalty notice contained or was accompanied by written notice that the recipient could require the council on or before the time when the fixed penalty was paid to make a complaint for a disposal order under section 27I (disposal orders) of this Act in respect of the relevant item in question; and
(iii)no such requirement was made of the council on or before that time; or
(b)any such relevant item seized under subsection (1), (2), (3) or (4) of the said section 27A if a notice was given under section 27B (seizure: notices) as soon as reasonably practicable after the article or thing was seized and the notice was not completed and returned to the council in accordance with subsections (4) and (5) of that section.
(2)The council may recover their costs of disposing of a relevant item under subsection (1) above from the person from whom the object was seized.
(3)Where a requirement of the sort mentioned under subsection (1)(a)(ii) was made on or before the time when the fixed penalty was paid, the council must make a complaint for a disposal order under section 27I (disposal orders) of this Act in respect of the relevant item in question.".
(11)Renumber subsections (9), (10)(a) and (10)(b) of section 27 as subsections (1), (2) and (3) of a new section, headed "27E Forfeiture of seized items by court".
(12)Renumber subsections (11)(a), (b) and (c) and (12) of section 27 as subsections (1) to (4) of a new section, headed "27F Compensation" and—
(a)renumber subsections (11)(a)(i) and (ii) as subsections (1)(a) and (b); and
(b)renumber subsections (11)(a)(ii)(A) and (B) as subsections (1)(b)(i) and (ii).
(13)After paragraph (b)(ii) of new section 27F as numbered by subsection (12) insert—
"(iii)(in the case of a relevant item (within the meaning of section 27B (seizure: notices) of this Act) seized under subsection (3) of section 27A (seizure) of this Act) the council has failed to comply with subsection (5) of section 27B (seizure: notices) of this Act.".
(14)Renumber section 27A (seizure of perishable items) as section 27G.
(15)Renumber section 27B (motor vehicles) as section 27H.
(16)Renumber section 27C (disposal orders) as section 27I.

28Minor and consequential amendments

Schedule 4 (which makes minor and consequential amendments to the City of Westminster Act 1999(c. i) has effect.

29Keeling Schedule

The City of Westminster Act 1999 as amended by the London Local Authorities Act 2004(c. i), the London Local Authorities Act 2007 (c. ii) and this Act is set out in Schedule 5.

Street trading in the London Borough of Camden

30Interpretation of Camden provisions

In sections 31 to 33

"the Act of 1990" means the London Local Authorities Act 1990 (c. vii);

"the Borough" means the London Borough of Camden;

"the Council" means Camden London Borough Council;

"street" has the same meaning as in Part III of the Act of 1990.

31Seizure of certain objects

An authorised officer of the Council or a constable may in the Borough seize any receptacle or equipment (other than a motor vehicle) which—

(a)is in a street; and
(b)he has reasonable cause to suspect is intended to be used in connection with an offence under section 38 (unlicensed street trading) of the Act of 1990 involving the sale, offer for sale, display, or exposing for sale of refreshments.

32Seizure: notices
(1)This section applies in relation to any receptacle used in the Borough in the sale, offer for sale, display, or exposing for sale of refreshments (in this section referred to as a "relevant item").
(2)An authorised officer of the Council or a constable—
(a)may give a notice under this section to the person from whom a relevant item was seized under subsection (4) or (4A) of section 38 (unlicensed street trading) of the Act of 1990 (but no such notice may be given under this paragraph in respect of a motor vehicle);
(b)shall give a notice under this section to the person from whom a relevant item was seized under section 31,

and any such notice must be given as soon as reasonably practicable after the item was seized.

(3)A notice under this section shall be in such form as the Council may prescribe, and shall —
(a)explain that unless the recipient of the notice completes it in accordance with subsection (4) and then returns it to the Council in accordance with subsection (5), the Council may dispose of the relevant item in question in accordance with section 33; and
(b)set out—
(i)the address to which the completed notice should be returned;
(ii)the date by which it must be returned (which must be no earlier than the date on which expires the period of 14 days beginning with the date on which the notice was given under subsection (2) above.
(4)A notice under this section is completed by writing, in the appropriate place on the notice—
(a)the name and full postal address of the recipient of the notice under subsection (2); and
(b)(in the case of a notice given in accordance with subsection (2)(a)) confirmation that that person—
(i)intends to contest any criminal proceedings brought in respect of the alleged offence in respect of which the item in question was seized; or
(ii)if not, to require the council to make a complaint for a disposal order under section 38C of the Act of 1990 (disposal orders) in respect of the relevant item in question; and
(c)(in the case of a notice given in accordance with subsection (2)(b) above) confirmation that that person requires the council to make a complaint for a disposal order under the said section 38C in respect of the relevant item in question; and
(d)the signature of that person; and
(e)the date on which it was signed.
(5)A notice under this section, once completed, is returned by delivering it or sending it by post to the address set out on the notice as mentioned in subsection (3)(b)(i) on or before the date as mentioned in that subsection.
(6)If a notice given in accordance with subsection (2)(b) is completed and returned in accordance with subsections (4) and (5) the Council must, no later than the date on which expires the period of 28 days beginning with the date on which the notice was received by them—
(a)make a complaint to the magistrates' court for a disposal order under the said section 38C of the Act of 1990 in respect of the relevant item in question; or
(b)return the relevant item in question to the person whose name and address are written on the returned notice,

unless, before the expiry of that period, an information has been laid and not withdrawn in respect of any alleged offence in respect of which the item was seized.

(7)Any person who, in completing a notice under subsection (4) makes a statement which he knows to be false in a material particular shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
 

 
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