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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Part 7 — The environment

    41

 

           (4A)              The following are qualifying functions for the purposes of this

section—

                  (a)                 functions under this Act, and

                  (b)                 functions of a description specified in regulations made by the

Secretary of State.

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           (4B)              Regulations under subsection (4A)(b) may (in particular) have the

effect that a local authority may use its penalty receipts for the purposes

of any of its functions.

           (4C)              A local authority must supply the Secretary of State with such

information relating to the use of its penalty receipts as the Secretary of

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State may require.

           (4D)              The Secretary of State may by regulations—

                  (a)                 make provision for what a local authority is to do with its

penalty receipts—

                        (i)                        pending their being used for the purposes of qualifying

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functions of the authority;

                        (ii)                       if they are not so used before such time after their receipt

as may be specified by the regulations;

                  (b)                 make provision for accounting arrangements in respect of a

local authority’s penalty receipts.

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           (4E)              The provision that may be made under subsection (4D)(a)(ii) includes

(in particular) provision for the payment of sums to a person (including

the Secretary of State) other than the local authority.

           (4F)              Before making regulations under this section, the Secretary of State

must consult—

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                  (a)                 the local authorities to which the regulations are to apply, and

                  (b)                 such other persons as the Secretary of State considers

appropriate.”

     (6)    In section 11 (interpretation and subordinate legislation), in subsection (3) after

“order”, in the first place where it occurs, insert “or regulations”.

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     (7)    The reference to the Noise Act 1996 (c. 37) 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.

Penalty notices for graffiti and fly-posting

 50    Penalty notices for graffiti and fly-posting

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     (1)    Where an authorised officer of a local authority has reason to believe that a

person has committed a relevant offence in the area of that authority, he may

give that person a notice offering him the opportunity of discharging any

liability to conviction for that offence by payment of a penalty in accordance

with the notice.

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     (2)    But an authorised officer may not give a notice under subsection (1) if he

considers that the commission of the offence—

           (a)           in the case of a relevant offence falling within section 51(1)(c), also

involves the commission of an offence under section 30 of the Crime

and Disorder Act 1998 (c. 37), or

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Anti-social Behaviour Bill
Part 7 — The environment

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           (b)           in the case of any other relevant offence, was motivated (wholly or

partly) by hostility—

                  (i)                 towards a person based upon his membership (or presumed

membership) of a racial or religious group, or

                  (ii)                towards members of a racial or religious group based on their

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membership of that group.

     (3)           In the case of a relevant offence falling within section 51(1)(f), an authorised

officer may not give a notice to a person under subsection (1) in relation to the

display of an advertisement unless he has reason to believe that that person

personally affixed or placed the advertisement to, against or upon the land or

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object on which the advertisement is or was displayed.

     (4)    Where a person is given a notice under subsection (1) in respect of an offence—

           (a)           no proceedings may be instituted for that offence (or any other relevant

offence arising out of the same circumstances) before the expiration of

the period of fourteen days following the date of the notice, and

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           (b)           he may not be convicted of that offence (or any other relevant offence

arising out of the same circumstances) if before the expiration of that

period he pays the penalty in accordance with the notice.

     (5)    A notice under subsection (1) must give such particulars of the circumstances

alleged to constitute the offence as are necessary for giving reasonable

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information of the offence.

     (6)    A notice under subsection (1) must also state—

           (a)           the period during which, by virtue of subsection (4), proceedings will

not be instituted for the offence,

           (b)           the amount of the penalty, and

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           (c)           the person to whom and the address at which the penalty may be paid.

     (7)    Without prejudice to payment by any other method, payment of a penalty in

pursuance of a notice under subsection (1) may be made by pre-paying and

posting a letter containing the amount of the penalty (in cash or otherwise) to

the person mentioned in subsection (6)(c) at the address so mentioned.

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     (8)    Where a letter is sent in accordance with subsection (7) payment is to be

regarded as having been made at the time at which that letter would be

delivered in the ordinary course of post.

     (9)    A notice under subsection (1) must be in such form as the appropriate person

may by order prescribe.

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     (10)   Subject to subsection (11), the penalty payable in pursuance of a notice under

subsection (1) is £50.

     (11)   The appropriate person may by order substitute a different amount for the

amount for the time being specified in subsection (10).

 51    Meaning of relevant offence

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     (1)    “Relevant offence” means—

           (a)           an offence under paragraph 10 of section 54 of the Metropolitan Police

Act 1839 (c. 47) (affixing posters etc),

           (b)           an offence under section 20(1) of the London County Council (General

Powers) Act 1954 (defacement of streets with slogans etc),

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Anti-social Behaviour Bill
Part 7 — The environment

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           (c)           an offence under section 1(1) of the Criminal Damage Act 1971 (c. 48)

(damaging property etc) which involves only the painting or writing

on, or the soiling, marking or other defacing of, any property by

whatever means,

           (d)           an offence under section 131(2) of the Highways Act 1980 (c. 66)

5

(including that provision as applied by section 27(6) of the Countryside

Act 1968 (c. 41)) which involves only an act of obliteration,

           (e)           an offence under section 132(1) of the Highways Act 1980 (painting or

affixing things on structures on the highway etc),

           (f)                         an offence under section 224(3) of the Town and Country Planning Act

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1990 (c. 8) (displaying advertisement in contravention of regulations).

     (2)    This section has effect for the purposes of the interpretation of section 50.

 52    Penalty receipts

     (1)    Penalties which are payable in pursuance of notices under section 50(1) are

payable to local authorities.

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     (2)    In any proceedings a certificate which—

           (a)           purports to be signed by or on behalf of the person responsible for the

financial affairs of a local authority, and

           (b)           states that payment of a penalty payable in pursuance of a notice under

section 50(1) was or was not received by a date specified in the

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certificate,

            is evidence of the facts stated.

     (3)    A local authority may use any sums it receives in respect of penalties payable

to it in pursuance of notices under section 50(1) (its “penalty receipts”) only for

the purposes of functions of its that are qualifying functions.

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     (4)           The following are qualifying functions for the purposes of this section—

           (a)           functions under section 50, and

           (b)           functions of a description specified in regulations made by the

appropriate person.

     (5)    Regulations under subsection (4)(b) may (in particular) have the effect that a

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local authority may use its penalty receipts for the purposes of any of its

functions.

     (6)    A local authority must supply the appropriate person with such information

relating to its use of its penalty receipts as the appropriate person may require.

     (7)           The appropriate person may by regulations—

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           (a)           make provision for what a local authority is to do with its penalty

receipts—

                  (i)                 pending their being used for the purposes of qualifying

functions of the authority;

                  (ii)                if they are not so used before such time after their receipt as may

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be specified by the regulations;

           (b)           make provision for accounting arrangements in respect of a local

authority’s penalty receipts.

     (8)           The provision that may be made under subsection (7)(a)(ii) includes (in

particular) provision for the payment of sums to a person (including the

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appropriate person) other than the local authority.

 

 

Anti-social Behaviour Bill
Part 7 — The environment

    44

 

     (9)           Before making regulations under this section, the appropriate person must

consult—

           (a)           the local authorities to which the regulations are to apply, and

           (b)           such other persons as the appropriate person considers appropriate.

 53    Powers of police civilians

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     (1)    In paragraph 1 of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers of

community support officers to issue fixed penalty notices)—

           (a)           at the end of sub-paragraph (2)(c) omit “and”, and

           (b)           after sub-paragraph (2)(c) insert—

                           “(ca)                             the power of an authorised officer of a local authority

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to give a notice under section 50(1) of the Anti-social

Behaviour Act 2003 (penalty notices in respect of

graffiti or fly-posting); and”.

     (2)    In paragraph 1 of Schedule 5 to that Act (powers of accredited persons to issue

fixed penalty notices)—

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           (a)           at the end of sub-paragraph (2)(b) omit “and”, and

           (b)           after sub-paragraph (2)(b) insert—

                           “(ba)                             the power of an authorised officer of a local authority

to give a notice under section 50(1) of the Anti-social

Behaviour Act 2003 (penalty notices in respect of

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graffiti or fly-posting); and”.

 54    Interpretation etc

     (1)    In this section and sections 50 and 52

                    “advertisement” and “land” have the meanings given by section 336(1) of

the Town and Country Planning Act 1990 (c. 8),

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                    “appropriate person” means—

                  (a)                 in relation to England, the Secretary of State, and

                  (b)                 in relation to Wales, the National Assembly for Wales,

                    “authorised officer” means an officer of a local authority who is

authorised in writing by the authority for the purpose of giving notices

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under section 50(1),

                    “local authority” means an authority in England and Wales which is a

litter authority for the purposes of section 88 of the Environmental

Protection Act 1990 (c. 43),

                    “racial group” and “religious group” have the meanings given by section

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28(4) and (5) of the Crime and Disorder Act 1998 (c. 37).

     (2)    Section 28(2) of the Crime and Disorder Act 1998 is to apply for the purposes

of section 50(2)(b)(i) as it applies for the purposes of section 28(1)(a) of that Act.

     (3)    The appropriate person may issue guidance—

           (a)           about the exercise of the discretion to give notices under section 50(1),

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and

           (b)           about the giving of such notices.

 

 

 
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