Arrangement of Clauses (Contents)

London Local Authorities and Transport for London (No. 2) Bill—continued


 

back to previous text

12Offences
(1)A person commits an offence if—
(a)in completing a notice under section 8(4) he furnishes information which is false in a material particular; or
(b)without lawful excuse removes, damages or interferes with a notice that has been affixed to any place under section 8(1)(b).
(2)A person who commits an offence under subsection (1) shall be liable on summary conviction—
(a)in the case of subsection (1)(a) to a fine not exceeding level 5 on the standard scale;
(b)in the case of subsection (1)(b) to a fine not exceeding level 3 on the standard scale.

13Service of notices
(1)A notice under section 8(1)(a) 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 by post 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 by post.
(2)This section is without prejudice to section 233 of the Local Government Act 1972 (c. 70) (general provisions as to service of notices by local authorities).

14Amendment of the 2003 Act
(1)Section 17 of the Act of 2003 (removal of things deposited on the highway) is amended as follows—
(a)omit subsections (2) to (5);
(b)in subsection (11) omit "(4) or";
(c)in subsection (18) for "subsections (5) and" substitute "subsection";
(d)omit subsection (19).
(2)Section 18 of the 2003 Act (removal notices: appeals) is repealed.
(3)Section 19 of the 2003 Act (service of removal notices) is repealed.
(4)If at the time that this section comes into force a subsection (2) removal notice (within the meaning of section 17(2) of the 2003 Act) has been issued, the said sections 17, 18 and 19 shall continue to apply in respect of the notice as if this section had not come into force.

Part 3

Highways: miscellaneous

15Attachment of street lamps and signs to buildings
(1)In its application to the area of any borough council except the Common Council, section 45 of the Public Health Act 1961 (c. 64) (attachment of street lamps to buildings) shall be modified by the omission of subsections (2) to (4) and (8).
(2)In its application to the areas of the London authorities except the Common Council, section 74 of the Road Traffic Regulation Act 1984 (c. 27) (affixing of traffic signs to walls) shall be modified by the omission of subsections (3) to (5).
(3)Under the said section 45 or the said section 74 as modified by this section a London authority shall not affix anything to a building unless they have served notice in writing on the relevant owner of the building no less than 56 days before the date on which they commence the works.
(4)Under the said section 45 or the said section 74 as modified by this section a London authority shall not affix anything to a building that forms part of the operational land of a statutory undertaker without the written consent of the statutory undertaker in question.
(5)Consent may be given subject to reasonable conditions (including the payment of reasonable expenses in dealing with the request for the consent, but no other payment) and shall not be unreasonably withheld.
(6)Where—
(a)a London authority serves on a statutory undertaker a notice requesting that undertaker's consent under subsection (4) to the affixing of anything to a building; and
(b)the statutory undertaker does not within the period of 56 days beginning with the date upon which the notice is served give their consent unconditionally or give it subject to conditions or refuse it,

the consent shall be deemed to have been withheld.

(7)Where, in the opinion of a London authority, a consent required under subsection (4) for the affixing of anything to a building is unreasonably withheld or given subject to unreasonable conditions, the London authority may apply to the magistrates' court, who may either—
(a)allow the thing in question to be affixed subject to such conditions, if any, as it thinks fit; or
(b)disallow the application.
(8)In this section—

"building" includes any structure and a bridge or aqueduct;

"operational land" has the same meaning as in the Town and Country Planning Act 1990 (c. 8);

"relevant owner"—

(a)in relation to a building occupied by a person under a lease or tenancy having an unexpired term exceeding 5 years, means that person; or
(b)in relation to any other building, means the person for the time being receiving the rack rent of the building whether on his own account or as agent or trustee for any other person, or who would so receive it if the building were let at a rack rent;

"statutory undertaker" has the same meaning as in section 262(1) of the Town and Country Planning Act 1990 (c. 8).

16Service of notices under section 15
(1)A notice under section 15(3) or (6)(a) may be served by post.
(2)Where the person on whom a notice to be served is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
(3)For the purposes of section 7 of the Interpretation Act 1978 (c. 30) as it applies for the purposes of this section, the proper address of any person in relation to the service on him of a notice under subsection (1) is, if he has given an address for service, that address, and otherwise—
(a)in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and
(b)in any other case, his last known address at the time of service.
(4)If, for the purposes of serving a notice under section 15(3) the name or address of the relevant owner cannot be ascertained after reasonable enquiry, the notice may be served by—
(a)addressing it to him by name or by the description of "owner" of the land (describing it); and
(b)either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
(5)This section shall not be taken to exclude the employment of any method of service not expressly provided for by it.

17Damage to highways in consequence of adjacent works
(1)Where any works (the "relevant works") are to be carried out in Greater London on land adjacent to a relevant highway, the "relevant highway authority" may require payment of a sum from the owner of the land or the person intending to carry out the relevant works prior to their commencement if they reasonably consider that damage to that highway or any part of that highway may be caused by—
(a)the relevant works; or
(b)any activity associated with or arising as a result of the relevant works.
(2)The sum payable under subsection (1) shall represent the costs which the relevant highway authority reasonably consider will be incurred by them in rectifying any damage caused by the carrying out of the relevant works or any activities associated with or arising as a result of the relevant works.
(3)Payment of the sum specified in subsection (2) may be secured by one of the following methods—
(a)by agreement between the relevant highway authority and the person carrying out or intending to carry out the relevant works;
(b)by the imposition by the local planning authority for the land upon which the relevant works are to be carried out of a condition on any planning permission required for the relevant works that the sum specified in subsection (2) shall be paid to the relevant highway authority prior to the implementation of the planning permission; or
(c)by the imposition by the borough council in whose area the relevant works are to be executed of a requirement upon the issue of any building control consent in respect of the relevant works that the applicant for the consent pay the sum specified in subsection (2) to the relevant highway authority prior to the commencement of the relevant works.
(4)Where relevant works are carried out and as a consequence damage is caused to any part of the relevant highway in question, the relevant highway authority may use the sum paid to them under this section in remedying the damage and shall return any amount of that sum not so used to the person from whom it was received once the damage has been repaired to the satisfaction of the relevant highway authority.
(5)Should the cost of any remedial works carried out by the relevant highway authority exceed the sum paid to them under this section the additional cost shall be recoverable as a debt from—
(a)the person who carried out the works; or
(b)the owner of the land on which the works were carried out; or
(c)the person on whose behalf the works were carried out.
(6)The 1980 Act shall apply in Greater London as though for section 133 (damage to footways of streets by excavations) and its heading there were substituted—
  "133 Damage to highway by carrying out of worksIf a highway maintainable at the public expense is damaged by or in consequence of any works on land adjacent to the highway, the highway authority for the highway may make good the damage and recover the expenses reasonably incurred by them in doing so from—
  (a)the owner of the land in question; or
  (b)the person carrying out the works; or
  (c)the person on whose behalf the works were carried out.".
(7)In this section, "relevant highway" means a highway in Greater London that is maintainable at the public expense.

Part 4

Builders' Skips

18Interpretation of Part 4

In this Part—

"the 2007 Act" means the London Local Authorities Act 2007 (c. ii);

"builder's skip" has the same meaning as in section 139(11) of the 1980 Act;

"immobilisation device" means any device or appliance designed or adapted to be fixed to a builder's skip for the purpose of preventing it from being moved;

"owner" in relation to a builder's skip, has the same meaning as in section 139(11) of the 1980 Act.

19Identifying the "owner" of a builder's skip
(1)A relevant highway authority may, for the purposes of identifying who is responsible for paying a penalty charge for the purposes of section 61 of the 2007 Act as applied by virtue of section 20, require the relevant person to provide them with the name and address of the owner of the builder's skip.
(2)In subsection (1), the "relevant person" is—
(a)if a permission was given to a person in respect of the skip in question under section 139(1) of the 1980 Act and the penalty charge became payable during the period of the permission, that person;
(b)if different from the person mentioned in paragraph (a) (if there is such a person), the person who the relevant highway authority have reason to believe—
(i)in the case of a builder's skip that is the subject of a hiring agreement for a hire of not less than one month, the person from whom the skip was hired; and
(ii)in the case of a builder's skip that is the subject of a hire purchase agreement, the bailor under that agreement.
(3)The person identified by the relevant person shall be an individual, a body corporate, an unincorporated association or other body that is capable of being sued.
(4)A requirement under this section shall specify the period within which it must be complied with, which must be a period no shorter than 3 working days beginning with the date on which the request was made.
(5)A person of whom a request under this section is made commits an offence if—
(a)without reasonable excuse he fails to comply within the period specified in accordance with subsection (4);
(b)in responding to the request he gives information that is false in a material particular.
(6)A person convicted of an offence under subsection (5) is liable on summary conviction—
(a)in the case of an offence under paragraph (a) to a fine not exceeding level 3 on the standard scale;
(b)in the case of an offence under paragraph (b) to a fine not exceeding level 5 on the standard scale.

20Builders' skips: penalty charge provisions
(1)This section is a penalty charge provision for the purposes of section 61 of the 2007 Act (penalty charges).
(2)Part 4 of the 2007 Act shall have effect so far as that Part applies by virtue of this section being designated as a penalty charge provision as mentioned in subsection (1) as if for references to a borough council there were substituted references to a relevant highway authority within the meaning of this Act.
(3)A penalty charge is payable to a relevant highway authority for the purposes of the said section 61 if—
(a)a builder's skip is deposited on a highway without a permission granted under section 139 of the 1980 Act (control of builders' skips);
(b)a builder's skip has been deposited on a highway in accordance with a permission granted under the said section 139 but the owner of the skip does not secure that—
(i)the skip is properly lighted during the hours of darkness;
(ii)the skip is marked and lighted in accordance with regulations made under the said section 139 requiring builders' skips to be so marked and lighted;
(iii)the skip is clearly and indelibly marked with the owner's name and with his telephone number or address;
(iv)the skip is removed as soon as practicable after it has been filled;
(v)each of the conditions subject to which the permission was granted is complied with;
(c)the owner of a builder's skip who, under subsection (2) of section 140 of the 1980 Act (removal of builders' skips), is required to remove or reposition the skip or cause it to be removed or repositioned has failed to comply with the requirement as soon as is practicable.
(4)For the purposes of the said section 61 of the 2007 Act as it applies in respect of penalty charges payable under that section by virtue of subsection (3), a penalty charge is payable to a relevant highway authority by the owner of the builder's skip in respect of which the contravention of the relevant provision in question is alleged to have occurred.
(5)The owner of the builder's skip is the appropriate recipient for the purposes of the said section 61.
(6)For the purposes of section 62(1) of the 2007 Act (representations and appeals) the grounds on which representations may be made against a penalty charge notice arising from a penalty charge payable by virtue of this section are—
(a)that the recipient—
(i)never was the owner of the builder's skip in question;
(ii)had ceased to be the owner before the date on which the penalty charge was alleged to have become payable;
(iii)became the owner after that date;
(b)that there was no contravention of the relevant provision in question and in respect of which the penalty charge notice was issued;
(c)that the penalty charge exceeded the amount applicable in the circumstances of the case;
(d)that the contravention of the relevant provision in question was due to the act or default of another person and that he took all precautions and exercised all due diligence to avoid the contravention by himself or another person under his control.
(7)Where any of the grounds mentioned in subsection (6)(a) is relied on in any representations made under the said section 62(1), those representations must include a statement of the name and address of the owner (if that information is in the recipient's possession).
(8)Where the ground mentioned in subsection (6)(d) is relied on in any representations made under the said section 62(1), the relevant highway authority may disregard the representations unless, before the representations are considered, the person making the representations has served on the relevant highway authority a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
(9)Subsections (10) to (12) shall come into effect on the date that the level of penalty charge in relation to contraventions of the relevant provisions is fixed in accordance with section 66 of the 2007 Act (levels of penalty charges).
(10)Subsections (3) to (7) of section 139 of the 1980 Act (offences related to builders' skips) cease to have effect in Greater London.
(11)Section 140(9) of the 1980 Act in its application to Greater London, is amended by the substitution for "guilty of an offence under section 139(4) above of failing" of the words "liable to pay a penalty charge under section 20 of the London Local Authorities and Transport for London (No. 2) Act 2008 in relation to the failure".
(12)The entries numbered 4 to 9 in the table contained in Schedule 4 to the 2003 Act are repealed.
(13)In subsection (9) "the relevant provisions" means paragraphs (a) to (c) of subsection (3).
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2008
Prepared 4 August 2008