Reading Borough Council Act 2013

Document Number:2013 CHAPTER iv
 
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An Act to confer powers on Reading Borough Council for the better control of street trading and touting in the borough of Reading.

Whereas—

The borough of Reading (hereinafter called “the borough”) is a district under the management and local government of Reading 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 and for their better enforcement it is expedient to amend that Act in its application to Reading and supplement those powers:

It is expedient to make better provision with respect to touting in the borough:

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 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 Reading Borough Council Act 2013.

2 Interpretation

In this Act—

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

“authorised officer” means an officer of the council authorised by the council in writing in compliance with section 14(1) to act for the purposes of this Act;

“the borough” means the borough of Reading;

“community support officer” means a person designated by the chief officer of the Thames Valley police force as a community support officer under section 38 of the Police Reform Act 2002 (police powers for police authority employees);

“the council” means the Reading Borough Council;

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

“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;

“street” has the same meaning as in Schedule 4 to the 1982 Act;

“ticket” includes any document, token or other item required for the purposes of effecting entry to an entertainment or sporting event.

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 Meaning of “street trading”

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

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

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

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

the purchasing of or offering to purchase any ticket for gain or reward”.

5 Pedlars

(1) In their application to a designated area of the borough, the provisions of Schedule 4 to the 1982 Act shall apply with the modifications set out in subsections (2) and (3).

(2) In paragraph 1(2)(a) , there are inserted, after the reference to the Pedlars Act 1871 , the words “provided the trading is carried out in accordance with subparagraph (2 A) below”.

(3) After paragraph 1(2) , the following sub-paragraphs are inserted—

“(2 A) Trading is carried on in accordance with this sub-paragraph if—

(a) it is carried out only by means of visits from house to house; or

(b) it does not include the trading of tickets and all articles intended to be used for any purpose connected with the trading are carried in either or both of the following ways—

(i) they are carried, without any other means of support, by the holder of the pedlar’s certificate during the time in which the trading takes place; or

(ii) they are carried in a single, wheeled trolley which is pushed or pulled by the holder of the pedlar’s certificate and in relation to which the condition specified in subparagraph (2 B) is fulfilled and, if applicable, the condition specified in sub-paragraph (2 C) is fulfilled.

(2 B) The condition of this sub-paragraph is that the trolley (excluding its handle and any display of articles on the trolley) does not at any point exceed—

(a) a width of 0.75 metres;

(b) a depth (front to back) of 0.5 metres;

(c) a height of 1.25 metres.

(2 C) The condition of this sub-paragraph is that if articles are displayed on the trolley, the trolley...

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