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(4) On the determination of such an appeal, the magistrates’ court must do one of | |
the following— | |
(a) quash the notice, | |
(b) modify the notice, | |
(c) dismiss the appeal. | 5 |
(5) Where the court modifies the notice or dismisses the appeal, it may extend the | |
period specified in the notice. | |
(6) A person on whom a notice under section 55(2) is served may, within the | |
period of 21 days beginning with the day on which it is served, appeal to a | |
magistrates’ court on the grounds that the expenditure which the authority is | 10 |
proposing to recover is excessive. | |
(7) On the determination of an appeal under subsection (6), the magistrates’ court | |
must do either of the following— | |
(a) confirm that the amount which the authority is proposing to recover is | |
reasonable, or | 15 |
(b) substitute a lower amount as the amount which the authority are | |
entitled to recover. | |
58 Exemption from liability in relation to graffiti removal notices | |
(1) None of the persons mentioned in subsection (2) is to have any liability to any | |
person responsible for the relevant surface for damages or otherwise (whether | 20 |
at common law or otherwise) arising out of anything done or omitted to be | |
done in the exercise or purported exercise of— | |
(a) the power under subsection (4) of section 54 (including as provided for | |
in subsection (5) of that section), or | |
(b) the power under subsection (7) of that section. | 25 |
(2) Those persons are— | |
(a) in the case of the power mentioned in subsection (1)(a)— | |
(i) the local authority and any employee of the authority, and | |
(ii) any person authorised by the authority under section 54(4) and | |
the employer or any employee of that person, and | 30 |
(b) in the case of the power mentioned in subsection (1)(b), the local | |
authority and any employee of the authority. | |
(3) Subsection (1) does not apply— | |
(a) if the act or omission is shown to have been in bad faith; | |
(b) to liability arising out of a failure to exercise due care and attention; | 35 |
(c) so as to prevent an award of damages made in respect of an act or | |
omission on the ground that the act or omission was unlawful by virtue | |
of section 6(1) of the Human Rights Act 1998 (c. 42). | |
(4) This section does not affect any other exemption from liability (whether at | |
common law or otherwise). | 40 |
(5) Section 54(11) is to apply for the purposes of this section as it applies for the | |
purposes of that section. | |
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Aerosol paints | |
59 Sale of aerosol paint to children | |
(1) A person commits an offence if he sells an aerosol paint container to a person | |
under the age of eighteen. | |
(2) In subsection (1) “aerosol paint container” means a device which— | 5 |
(a) contains paint stored under pressure, and | |
(b) is designed to permit the release of the paint as a spray. | |
(3) A person guilty of an offence under this section shall be liable on summary | |
conviction to a fine not exceeding level 4 on the standard scale. | |
(4) It is a defence for a person charged with an offence under this section in respect | 10 |
of a sale to prove that— | |
(a) he took all reasonable steps to determine the purchaser’s age, and | |
(b) he reasonably believed that the purchaser was not under the age of | |
eighteen. | |
(5) It is a defence for a person charged with an offence under this section in respect | 15 |
of a sale effected by another person to prove that he (the defendant) took all | |
reasonable steps to avoid the commission of an offence under this section. | |
Waste and litter | |
60 Unlawfully deposited waste etc | |
(1) The Control of Pollution (Amendment) Act 1989 (c. 14) is amended in | 20 |
accordance with subsections (2) and (3). | |
(2) In subsection (1) of section 7 (further enforcement provisions) for “relevant | |
authority” substitute “waste regulation authority”. | |
(3) After subsection (1) of section 9 (interpretation) insert— | |
“(1A) In sections 5 to 7 above “regulation authority” also means a waste | 25 |
collection authority falling within section 30(3)(a), (b) or (bb) of the | |
Environmental Protection Act 1990.” | |
(4) After section 59 of the Environmental Protection Act 1990 (c. 43) insert— | |
“59A Directions in relation to exercise of powers under section 59 | |
(1) The Secretary of State may issue directions setting out categories of | 30 |
waste to which a waste regulation authority or waste collection | |
authority in England and Wales should give priority for the purposes | |
of exercising its powers under section 59 above. | |
(2) Priorities set out in directions under subsection (1) above may be | |
different for different authorities or areas. | 35 |
(3) But nothing in this section or in any directions issued under it affects | |
any power of an authority under section 59 above.” | |
(4) In section 71 of the Environmental Protection Act 1990 (obtaining | |
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information from persons and authorities), after subsection (3) insert— | |
“(4) The Secretary of State may, by notice in writing, require a waste | |
regulation authority or waste collection authority in England and | |
Wales to supply to him, or to such other person as may be specified in | |
the notice, such information as may be so specified in respect of— | 5 |
(a) cases where the authority has exercised any powers under | |
section 59 above, and | |
(b) cases where the authority has taken action under any other | |
enactment in respect of any deposit or other disposal of | |
controlled waste in contravention of section 33(1) above.”” | 10 |
(5) Subsection (15) of section 108 of the Environment Act 1995 (c. 25) (powers of | |
enforcing authorities and persons authorised by them) is amended in | |
accordance with subsections (6) to (8). | |
(6) In the definition of “enforcing authority” after paragraph (b) insert— | |
“(ba) a waste collection authority;”. | 15 |
(7) After the definition of “pollution control functions” in relation to the Agency | |
or SEPA insert— | |
““pollution control functions”, in relation to a waste collection authority, | |
means the functions conferred on it by section 59 of the Environmental | |
Protection Act 1990;”. | 20 |
(8) After the definition of “premises” insert— | |
““waste collection authority” shall be construed in accordance with | |
section 30(3)(a), (b) and (bb) of the Environmental Protection Act 1990.” | |
(9) The reference to the Environmental Protection Act 1990 (c. 43) in Schedule 1 to | |
the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ | 25 |
672) is to be treated as referring to that Act as amended by this section. | |
61 Extension of litter authority powers to take remedial action | |
(1) For section 92(10) of the Environmental Protection Act 1990 (restriction on | |
remedial action by litter authorities) substitute— | |
“(10) Subsection (9) above does not apply in relation to any land to which | 30 |
subsection (11) or (12) below applies. | |
(11) This subsection applies to any relevant Crown land which is occupied | |
for naval, military or air force purposes. | |
(12) This subsection applies to any relevant land of a statutory undertaker | |
in relation to which the Secretary of State has specified, by order, that it | 35 |
is requisite or expedient that, in the national interest, subsection (9) | |
above should not apply.” | |
(2) The reference to the Environmental Protection Act 1990 in Schedule 1 to the | |
National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ | |
672) is to be treated as referring to that Act as amended by this section. | 40 |
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Part 8 | |
Public order and trespass | |
62 Public assemblies | |
In section 16 of the Public Order Act 1986 (c. 64) (which defines “public | |
assembly” for the purposes of the power in section 14 of that Act to impose | 5 |
conditions on public assemblies), in the definition of “public assembly” for “20” | |
substitute “2”. | |
63 Raves | |
(1) Section 63 of the Criminal Justice and Public Order Act 1994 (c. 33) (powers in | |
relation to raves) is amended as follows. | 10 |
(2) In subsection (1) for “100” substitute “20”. | |
(3) After subsection (1) insert— | |
“(1A) This section also applies to a gathering if— | |
(a) it is a gathering on land of 20 or more persons who are | |
trespassing on the land; and | 15 |
(b) it would be a gathering of a kind mentioned in subsection (1) | |
above if it took place on land in the open air.” | |
(4) In subsection (2) omit “in the open air”. | |
(5) In subsection (7) for “this section” substitute “subsection (6) above”. | |
(6) After subsection (7) insert— | 20 |
“(7A) A person commits an offence if— | |
(a) he knows that a direction under subsection (2) above has been | |
given which applies to him, and | |
(b) he makes preparations for or attends a gathering to which this | |
section applies within the period of 24 hours starting when the | 25 |
direction was given. | |
(7B) A person guilty of an offence under subsection (7A) above is liable on | |
summary conviction to imprisonment for a term not exceeding three | |
months or a fine not exceeding level 4 on the standard scale, or both.” | |
64 Aggravated trespass | 30 |
(1) The Criminal Justice and Public Order Act 1994 (c. 33) is amended as follows. | |
(2) In section 68 (offence of aggravated trespass), in subsection (1) (which defines | |
the offence by reference to trespass on land in the open air and lawful activity | |
on land in the open air) omit “in the open air” in both places where those words | |
appear. | 35 |
(3) In section 69 (powers to remove persons committing or participating in | |
aggravated trespass), in subsection (1) (which confers the power by reference | |
to trespass on land in the open air) omit “in the open air” in both places where | |
those words appear. | |
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