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.