House of Commons portcullis
House of Commons
Session 2012-13
Internet Publications
Other Private Bills before Parliament
Arrangement of Clauses (Contents)

City of London (Various Powers) Bill [HL]—continued


 

back to previous text

  16E   Seizure of perishable articles or things
(1)No article or thing which is of a perishable nature (in this section referred to as a "perishable article or thing") shall be seized under the provisions of section 16A (seizure) unless the Corporation gives a notice in writing under subsection (2) to the person from whom the article or thing is seized.
(2)Where a perishable article or thing is seized under section 16A, the person from whom it is seized shall be given a notice in writing—
(a)stating the effect of subsection (3) and section 16C (forfeiture of seized articles or things by court);
(b)giving the address from which the article or thing may be collected; and
(c)stating that if that person is not the owner of the article or thing, then that person should give the owner the information referred to in paragraphs (a) and (b).
(3)If the person from whom a perishable article or thing was seized or the owner of the article or thing goes to collect the article or thing then it shall be returned to that person unless it has been disposed of under subsection (4).
(4)If the person from whom a perishable article or thing was seized fails to collect it within 48 hours of the seizure, the Corporation may dispose of it.
(5)When any perishable article or thing is disposed of by the Corporation under subsection (4), the Corporation shall have a duty to secure the best possible price which can reasonably be obtained for it.
(6)Section 16B(1) to (5) (return of seized articles or things) and section 16C(1) and (2) shall apply to a perishable article or thing seized under section 16A only in cases where the article or thing concerned has not been disposed of by the Corporation at the conclusion of the proceedings in respect of the alleged offence in relation to which the article or thing was seized.
(7)Section 16B(8) to (10) shall apply to a perishable article or thing seized under section 16A only in cases where the article or thing concerned has not been disposed of by the Corporation at the expiration of the period of 28 days beginning with the date of seizure; and otherwise subsections (9) to (11) shall apply.
(8)Section 16D (seizure: compensation) shall, with the exception of subsection (4), apply in respect of a perishable article or thing seized under that section in cases where the article or thing concerned has not been disposed of by the Corporation; and otherwise subsections (9) to (11) shall apply.
(9)Subsection (11) shall have effect where the Corporation has disposed of a perishable article or thing under subsection (4) and the following condition applies.
(10)The condition referred to in subsection (9) is that no proceedings in respect of the alleged offence in relation to which the article or thing was seized are instituted before the expiration of a period of 28 days beginning with the date of seizure of the article or thing, or any such proceedings instituted within that period are discontinued.
(11)When this subsection has effect a person who has, or at the time of seizure had, a legal interest in the article or thing seized may recover compensation from the Corporation or (where it is seized by a constable) the Commissioner of Police by civil action in the county court in respect of any loss suffered by that person as a result of the seizure.
(12)Any compensation payable under subsection (11) shall not be included in the computation for calculating charges under section 12 (charges to licensed street traders).
  16F   Motor vehicles
(1)Subsection (4) applies where a motor vehicle has been seized under section 16A(1) (seizure) and the following conditions are met.
(2)The first condition is that, in ascertaining the identity of the person from whom a vehicle was seized, the Corporation has, before the expiry of the period of 14 days from the date of the seizure, made a request to the Secretary of State for the supply of relevant particulars.
(3)The second condition is that those particulars have not been supplied to the Corporation before the date after which the Corporation would, but for this section, have to return the vehicle in accordance with section 16B(8).
(4)When this subsection applies and—
(a)no proceedings are instituted in respect of the alleged offence in respect of which the vehicle was seized before the expiry of the period of 14 days beginning with the date on which the relevant particulars are supplied; or
(b)any such proceedings instituted within that period are discontinued,
the Corporation shall return the vehicle to its owner at the expiry of that period or on the discontinuance of the proceedings, as the case may be.
(5)If the Corporation seeks to return a vehicle in accordance with section 16B(3), but the person to whom the Corporation seeks to return the vehicle cannot be found or disclaims or refuses to accept the vehicle, the Corporation may make a complaint to the magistrates' court for a disposal order in respect of the vehicle under section 16G (disposal orders).
(6)In this section, "relevant particulars" are particulars relating to the identity of the owner of the vehicle contained in the register of mechanically propelled vehicles maintained by the Secretary of State under the Vehicle Excise and Registration Act 1994.
(7)The owner of a vehicle for the purposes of this section shall be taken to be the person by whom the vehicle is kept.
(8)In determining who was the owner of a motor vehicle at any time, it shall be presumed that the owner is the person in whose name the vehicle is at that time registered under the said Act of 1994.
  16G   Disposal orders
(1)This section applies to a complaint made by the Corporation for a disposal order under—
(a)section 16B(10) (return of seized articles or things); or
(b)section 16F(5) (motor vehicles),
and items in this section that are the subject of the complaint are referred to as "seized articles or things".
(2)On a complaint to which this section applies, the magistrates' court, if satisfied that the Corporation has made reasonable efforts—
(a)to identify the person from whom the seized article or thing was seized or its owner, as the case may be; or
(b)to return the seized article or thing,
may make an order under this section.
(3)An order under this section is an order authorising the Corporation—
(a)to dispose of the seized article or thing in question; and
(b)after payment out of any proceeds arising from the disposal of the expenses incurred in the seizure, storage and disposal, to apply the balance, if any, towards the costs of the Corporation as mentioned in section 12 (charges to licensed street traders).
(4)The court shall not make a disposal order under this section where a person claiming to be the owner of or otherwise interested in the seized article or thing applies to be heard by the court, unless an opportunity has been given to that person to show cause why the order should not be made.
(5)Subsection (6) applies where—
(a)a person appears before the court under subsection (4) to show cause why the order should not be made;
(b)the court makes a disposal order under this section authorising the Corporation to dispose of the article or thing;
(c)the seized article or thing in question is not of sufficient value to defray the expenses of seizing and storing it; and
(d)the court is satisfied that the person mentioned in paragraph (a) was the owner of the seized article or thing in question or was the person from whom it was seized, as the case may be.
(6)Where this subsection applies, the court may order the person mentioned in subsection (5)(a) to pay the expenses, or the balance of the expenses, reasonably incurred by the Corporation in seizing and storing the seized article or thing in question.
(7)In considering whether to make a disposal order under this section, a court shall have regard—
(a)to the value of the seized article or thing;
(b)to the likely financial and other effects on any relevant person of the making of the order (taken together with any other order that the court contemplates making); and
(c)to any other circumstances considered to be relevant.
(8)The court may make a disposal order under this section even though the value of the seized article or thing exceeds the maximum penalty for the offence in respect of which the seized article or thing had originally been seized had the said offence been prosecuted to conviction.
(9)In this section,
"owner", in respect of a vehicle, has the same meaning as in section 16F; and
"relevant person" means the owner of the article or thing and (if different) the person from whom the article or thing was seized.
(2)In the London Local Authorities Act 2004, in Schedule 2 (which lists the offences in respect of which a fixed penalty notice can be given under section 15 (fixed penalty offences) of that Act), at the beginning insert—
"A1City of London (Various Powers)
Act 1987 (c. xv )
15Unlicensed street trading".

8Charges to licensed street traders
(1)The 1987 Act is amended as follows.
(2)In section 12 the existing provision becomes subsection (1).
(3)At the end of section 12, leave out from "not" to "Part".
(4)At the end of section 12 insert—
"(2)Before determining charges made under subsection (1) the Corporation shall give notice in writing of the proposed charges to all licensed street traders and to any body which appears to the Corporation to represent them.
(3)A notice given under subsection (2) shall be accompanied by a statement showing how the proposed charges have been computed and shall specify a reasonable period, being not less than 28 days from the date of the notice, within which written representations concerning the proposed charges may be made to the Corporation.
(4)A body representative of licensed street traders which has received a notice given under subsection (2) may request the Corporation to supply such further information or explanation with regard to the proposed charges as the body may reasonably require in order to ascertain whether the proposed charges are reasonable and have been computed in accordance with the provisions of section 12.
(5)Where the Corporation receives a request made under subsection (4), the period for receipt of representations shall be suspended from the day of receipt until the day on which the request is complied with.
(6)The Corporation shall consider all representations which it receives within the time allowed for the receipt of written representations in accordance with this section.
(7)When the Corporation has determined charges under this section the Corporation shall give notice in writing to all licensed street traders of the charges so determined and of the date on which those charges are to be brought into effect.".
9Trading outside business premises

After section 11A of the 1987 Act, insert—

  "11B   Trading outside business premises
(1)An occupier of business premises shall be treated as not engaging in street trading if—
(a)the occupier is engaged in ice cream trading from a receptacle;
(b)the receptacle is located within 15 metres of the business premises;
(c)the Corporation has approved the design, location and purpose of the receptacle; and
(d)the business premises are occupied for the purpose of conducting a food business.
(2)Section 115E(2), (3) and (4) of the Highways Act 1980 shall apply to any approval under subsection (1)(c) as if—
(a)approval under this section were permission under section 115E(1); and
(b)the receptacle were an object or structure.
(3)In this section—

"business premises" means premises forming the whole or any part of a non-domestic hereditament;

"food business" means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of production, processing and distribution of food;

"non-domestic hereditament" means a hereditament shown in the local non-domestic rating list maintained by the Corporation under section 41(1) of the Local Government Finance Act 1988;

"non-domestic rate" means the rate payable under section 43 of that Act; and

"occupier", in relation to business premises, means the person liable to pay the non-domestic rate in respect of those business premises.".

City Walkways

10City walkways
(1)The City of London (Various Powers) Act 1967 is amended as follows.
(2)After section 6 insert—
  "6A   Charges in respect of resolutions
Where the Corporation receives a request to pass a resolution under section 6 (declaration of city walkway) and the Corporation complies with that request, it may make and recover from the person making the request charges in respect of the costs and expenses incurred in passing the resolution and advertising it locally.".
(3)After section 13 insert—
  "13A   Parking on City walkways
(1)Any person who causes or permits a vehicle to be parked on or over a city walkway commits an offence under section 15(1) of the Greater London Council (General Powers) Act 1974 ("the 1974 Act").
(2)An offence committed by virtue of subsection (1) is subject to section 15(3) and section 15(7) of the 1974 Act (other than section 15(7)(a)(xi) and 15(7)(a)(xii) of that Act).
(3)Subsection (1) above does not render it unlawful for a person to cause or permit a vehicle to be parked on or over a city walkway—
(a)by or with the consent of the owner of the land in which the walkway is situated, and
(b)with the consent of the Corporation.
(4)For the purposes of Part 6 of the Traffic Management Act 2004, the Common Council of the City of London is the enforcement authority in relation to a parking contravention by which an offence is committed by virtue of subsection (1).".

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

© Parliamentary copyright 2013
Prepared 22 February 2013