Bournemouth Borough Council Act 2010

Document Number:2010 CHAPTER ii
Coming into force:Coming into force on the 08/04/2010
 
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An Act to confer powers on Bournemouth Borough Council for the better control of street trading in the borough of Bournemouth.

[8 th April 2010]

Whereas—

The borough of Bournemouth (hereinafter called “the borough”) is a district under the management and local government of Bournemouth Borough Council (hereinafter called “the council”):

Certain powers relating to street trading in the borough are exercisable by the council under the Local Government (Miscellaneous Provisions) Act 1982 (c. 30) and for their better enforcement it is expedient to amend that Act in its application to Bournemouth and supplement those powers:

The objects of this Act cannot be attained without the authority of Parliament:

In relation to the promotion of the Bill for this Act the requirements of section 239 of the Local Government Act 1972 (c. 70) have been observed:

May it therefore please your Majesty that it may be enacted, and be it enacted, by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Introductory

1 Citation

This Act may be cited as the Bournemouth Borough Council Act 2010.

2 Interpretation

In this Act—

“the 1982 Act” means the Local Government (Miscellaneous Provisions) Act 1982 (c. 30);

“authorised officer” means an officer of the council authorised by the council in writing to act for the purposes of this Act;

“the borough” means the borough of Bournemouth;

“the chief constable” means the Chief Constable of the Dorset police force;

“the council” means the Bournemouth Borough Council;

“equipment” means equipment used for the purposes of street trading;

“proper officer” has the same meaning as in section 270(3) of the Local Government Act 1972 (c. 70);

“receptacle” includes—

any vehicle, trailer or barrow; and

any basket, bag, box, vessel, stall, stand, easel, board, tray or other thing,

which is used (whether or not constructed or adapted for such use) as a container for or for the display of any article;

“a relevant offence” means an offence—

under paragraph 10 of Schedule 4 to the 1982 Act; or

of aiding, abetting, counselling or procuring the commission of an offence under that paragraph,

committed on or after the day on which this Act came into force.

3 Application

This Act applies so long as any resolution by the council under section 3 of the 1982 Act remains in force.

Application of 1982 Act

4 Provision of services

(1) In their application to the borough, the provisions of Schedule 4 to the 1982 Act shall apply with the following modifications.

(2) In paragraph 1(1) , for the definition of “street trading”, there is substituted—

““street trading” means, subject to sub-paragraph (2) below—

(a) the selling or exposing or offering for sale of any article (including a living thing) in a street; or

(b) the supplying of or offering to supply any service in a street for gain or reward; and”.

(3) In paragraph 3(2)(c) after “articles” in both places where it appears there is inserted “or services”.

(4) In paragraph 3(6)(b) after “goods” there is inserted “or services”.

(5) In paragraph 4(1)(b) after “articles” there is inserted “or services”.

5 Pedlars

(1) Subject to subsection (2) , in their application to the borough, the provisions of Schedule 4 to the 1982 Act shall apply...

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