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Session 2013 - 14
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Arrangement of Clauses (Contents)

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



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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 subsection (1).
(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.
(8)In this section "licensed street trader" does not include a temporary licence holder.".
(5)Section 14(f) of the 1987 Act is repealed.
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).".

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Prepared 13 August 2013