Part 4Graffiti and other defacement
Graffiti and fly-posting
I3I5I828Fixed penalty notices: amount of fixed penalty
1
In section 43 of the Anti-social Behaviour Act 2003 (c. 38) (penalty notices for graffiti and fly-posting) omit subsections (10) and (11).
2
After that section insert—
43AAmount of penalty
1
The amount of a penalty payable in pursuance of a notice under section 43(1)—
a
is the amount specified by a relevant local authority in relation to its area (whether or not the penalty is payable to that or another authority), or
b
if no amount is so specified, is £75.
2
In subsection (1)(a), “relevant local authority” means—
a
a district council in England;
b
a county council in England for an area for which there is no district council;
c
a London borough council;
d
the Common Council of the City of London;
e
the Council of the Isles of Scilly;
f
a county or county borough council in Wales.
3
The local authority to which a penalty is payable in pursuance of a notice under section 43(1) may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority.
4
The appropriate person may by regulations make provision in connection with the powers conferred under subsections (1)(a) and (3).
5
Regulations under subsection (4) may (in particular)—
a
require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations;
b
restrict the extent to which, and the circumstances in which, a local authority can make provision under subsection (3).
6
The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (1)(b).
I6I929Fixed penalty notices: power to require name and address
After section 43A of the Anti-social Behaviour Act 2003 (c. 38) (as inserted by section 28 above) insert—
43BPenalty notices: power to require name and address
1
If an authorised officer of a local authority proposes to give a person a notice under section 43(1), the officer may require the person to give him his name and address.
2
A person commits an offence if—
a
he fails to give his name and address when required to do so under subsection (1), or
b
he gives a false or inaccurate name or address in response to a requirement under that subsection.
3
A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
I4I1030Fixed penalty notices: authorised officers
I71
In section 47 of the Anti-social Behaviour Act 2003 (c. 38) (interpretation etc), in subsection (1), for the definition of “authorised officer” substitute—
“authorised officer”, in relation to a local authority, means—
a
an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under section 43(1);
b
any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function; and
c
any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices,
I22
In that section, at the end insert—
4
The appropriate person may by regulations prescribe conditions to be satisfied by a person before a parish or community council may authorise him in writing for the purpose of giving notices under section 43(1).
F131Extension of graffiti removal notices to fly-posting
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32I1Sale of aerosol paint to children
In the Anti-social Behaviour Act 2003 (c. 38), after section 54 (sale of aerosol paint to children) insert—
54AEnforcement of section 54
1
It is the duty of every local weights and measures authority—
a
to consider, at least once in every period of twelve months, the extent to which it is appropriate for the authority to carry out in their area a programme of enforcement action in relation to section 54; and
b
to the extent that they consider it appropriate to do so, carry out such a programme.
2
For the purposes of subsection (1), a programme of enforcement action in relation to section 54 is a programme involving all or any of the following—
a
the bringing of prosecutions in respect of offences under that section;
b
the investigation of complaints in respect of alleged offences under that section;
c
the taking of other measures intended to reduce the incidence of offences under that section.