Arrangement of Clauses (Contents)

London Local Authorities Bill—continued


 

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33Disposal 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 32) seized under subsection (4) or (4A) of section 38 of the Act of 1990 (unlicensed street trading) if—
(i)in respect of the alleged offence in question, 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 38C of the Act of 1990 (disposal orders) 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 the said subsection (4) or (4A) or under section 31 if a notice was given under section 32 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 38C of the Act of 1990 (disposal orders) in respect of the relevant item in question.
(4)In addition to the alternative requirements as set out in subsection (8)(a)(ii)(A) and (B) of the said section 38, one of which must be satisfied before compensation may be recovered under that subsection, the following alternative requirement is added in relation to the Council—
"(C)(in the case of a relevant item (within the meaning of section 32 (seizure: notices) of the London Local Authorities Act 2008) seized under section 31 of that Act) the council has failed to comply with subsection (6) of the said section 32.".
(5)Section 38C of the Act of 1990 (disposal orders) shall apply as respects the Council as though—
(a)in subsection (1) the following paragraph were inserted after paragraph (b)—
"; or
(ba)a relevant item under subsection (3) of section 33 of the London Local Authorities Act 2008,";
(b)in subsection (2) for "and vehicles" there were substituted ", vehicles and items".

PART 7

Miscellaneous and Supplemental

34Minor amendments to London Local Authorities Act 2007, etc.
(1)In section 24(4) of the Act of 2007 (littering from vehicles), for "subsection (2)" substitute "subsection (4A)".
(2)In subsection (3A) of section 59 of the Environmental Protection Act 1990 (c. 43) (as inserted by section 25 (3) of the Act of 2007 (powers to require removal of waste unlawfully deposited)) for "waste control authority" substitute "waste collection authority".

35Obstruction 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.

36Proof of resolution
      In any proceedings which require proof of the passing of a resolution under this Act it shall be presumed, unless the contrary is proved, that the said resolution was duly passed and that any requirements relating to the passing of the resolution and the giving of any notices or information before or after the passing of the resolution were properly complied with.

37Liability 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.
 

 
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Prepared 4 December 2007