Police Reform Act 2002
Crime and Disorder Act 1998
Police Reform and Social Responsibility Act 2011
Highways Act 1835
Highways Act 1980

——————————————————————–

Police Reform Act 2002

Section50 – Anti social behaviour – Must comply with meaning under Section 1 of the Crime and Disorder Act 1998

(1) If a constable in uniform has reason to believe that a person has been acting, or is acting, in an anti-social manner (within the meaning of section 1 of the Crime and Disorder Act 1998 (c.37) (anti-social behaviour orders)), he may require that person to give his name and address to the constable.

(2)   Any person who –
(a)    fails to give his name and address when required to do so under subsection (1), or
(b)   gives a false or inaccurate name or address in response to a requirement under that subsection,

is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Section 59 – Vehicles used in a manner causing alarm, distress or annoyance

(1)   Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which –
(a)    contravenes section 3 or 34 of the Road Traffic Act 1988 (c.52) (careless and inconsiderate driving and prohibition of off-road driving), and
(b)   is causing, or is likely to cause, alarm, distress or annoyance to members of the public,

he shall have the powers set out in subsection (3).

(2) A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (1).

(3)   Those powers are –
(a)    power, if the motor vehicle is moving, to order the person driving it to stop the vehicle;
(b)   power to seize and remove the motor vehicle;
(c)    power, for the purposes of exercising a power falling within paragraph (a) or (b), to enter any premises on which he has reasonable grounds for believing the motor vehicle to be;
(d)   power to use reasonable force, if necessary, in the exercise of any power conferred by any of the paragraphs (a) to (c).

(4)   A constable shall not seize a motor vehicle in the exercise of the powers conferred on him by this section unless –
(a)    he has warned the person appearing to him to be the person whose use falls within subsection (1) that he will seize it, if that use continues or is repeated; and
(b)   it appears to him that the use has continued or been repeated after the warning.

(5)   Subsection (4) does not require a warning to be given by a constable on any occasion on which he would otherwise have the power to seize a motor vehicle under this section if—
(a)    the circumstances make it impracticable for him to give the warning;
(b)   the constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;
(c)    the constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by him; or
(d)   the constable has reasonable grounds for believing that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that constable or in respect the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.

(6) A person who fails to comply with an order under subsection (3)(a) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3on the standard scale.

(7) Subsection (3) (c) does not authorise entry into a private dwelling house.

(8) The powers conferred on a constable by this section shall be exercisable only at a time when regulations under section 60 are in force.

(9) In this section—

“driving” has the same meaning as in the Road Traffic Act 1988 (c. 52);

“motor vehicle” means any mechanically propelled vehicle, whether or not it is intended or adapted for use on roads; and

“private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.

Section 60 – Retention etc. of vehicles seized under section 59

(1) The Secretary of State may by regulations make provision as to—
(a) the removal and retention of motor vehicles seized under section 59; and
(b) the release or disposal of such motor vehicles.

(2) Regulations under subsection (1) may, in particular, make provision—
(a) for the giving of notice of the seizure of a motor vehicle under section 59to a person who is the owner of that vehicle or who, in accordance with the regulations, appears to be its owner;
(b) for the procedure by which a person who claims to be the owner of a motor vehicle seized under section 59 may seek to have it released;
(c) for requiring the payment of fees, charges or costs in relation to the removal and retention of such a motor vehicle and to any application for its release;
(d) as to the circumstances in which a motor vehicle seized under section 59 maybe disposed of;
(e) as to the destination—
(i) of any fees or charges payable in accordance with the regulations; and
(ii) of the proceeds (if any) arising from the disposal of a motor vehicle seized under section 59;
(f) for the delivery to a local authority, in circumstances prescribed by or determined in accordance with the regulations, of any motor vehicle seized under section 59.

(3) Regulations under subsection (1) must provide that a person who would otherwise be liable to pay any fee or charge under the regulations shall not be liable to pay it if—
(a) the use by reference to which the motor vehicle in question was seized was not a use by him; and
(b) he did not know of the use of the vehicle in the manner which led to its seizure, had not consented to its use in that manner and could not, by the taking of reasonable steps, have prevented its use in that manner.

(4) In this section— “local authority”—
(a) in relation to England, means the council of a county, metropolitan district or London borough, the Common Council of the City of London Transport for London; and
(b) in relation to Wales, means the council of a county or county borough; “motor vehicle” has the same meaning as in section 59.

Section 82 – Nationality requirements applicable to police officers etc

(1) Irrespective of his place of birth, a person of any nationality may be –
(a) a member of a police force maintained for any police area in England and Wales or Scotland;
(b) a member of the Police Service of Northern Ireland or of the Police Service of Northern Ireland Reserve;
(c) a member of the National Criminal Intelligence Service or of the National Crime Squad;

Section 83 – Form of Declaration (Schedule 4) (Police oath)

I … of … do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law.

Schedule 4 – POWERS EXERCISABLE BY POLICE CIVILIANS

PART 1 – COMMUNITY SUPPORT OFFICERS

Powers to issue fixed penalty notices

(1) Where a designation applies this paragraph to any person, that person shall have the powers specified in sub-paragraph (2) in relation to any individual who he has reason to believe has committed a relevant fixed penalty offence at a place within the relevant police area.

(2) Those powers are the following powers so far as exercisable in respect of a relevant fixed penalty offence—
(a) the powers of a constable in uniform and of an authorised constable to give a penalty notice under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001 (c. 16) (fixed penalty notices in respect of offences of disorder);
(aa) the power of a constable to give a penalty notice under section 444A of the Education Act 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil);]
(ab) the power of a constable to give a penalty notice under section 105 of the Education and Inspections Act 2006 (penalty notice in respect of presence of excluded pupil in public place);]
(b) the power of a constable in uniform to give a person a fixed penalty notice under section 54 of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty notices) in respect of an offence under section 72 of the Highway Act 1835 (c. 50) (riding on a footway) committed by cycling;
(ca) the power of an authorised officer of a local authority to give a notice under section 43(1) of the Anti-social Behaviour Act 2003 (penalty notices in respect of graffiti or fly-posting); and]
(d) the power of an authorised officer of a litter authority to give a notice under section 88 of the Environmental Protection Act 1990 (c. 43) (fixed penalty notices in respect of litter)[F284 and
(e) the power of an authorised officer of a primary or secondary authority, within the meaning of section 59 of the Clean Neighbourhoods and Environment Act 2005, to give a notice under that section (fixed penalty notices in respect of offences under dog control orders).]

(2A) The reference to the powers mentioned in sub-paragraph (2)(a) does not include those powers so far as they relate to an offence under the provisions in the following list—

section 1 of the Theft Act 1968 section 87 of the Environmental Protection Act 1990.

Power to require name and address

1A –

(1) This paragraph applies if a designation applies it to any person.

(2) designation by which this paragraph is applied to a person may specify that the application of sub-paragraph (3) by that designation to that person] is confined to one or more only (and not to all) relevant offences or relevant licensing offences, being in each case specified in the designation.

(3) Subject to sub-paragraph (4), where that person has reason to believe that another person has committed a relevant offence in the relevant police area, or a relevant licensing offence (whether or not in the relevant police area), he may require that other person to give him his name and address.

(4) The power to impose a requirement under sub-paragraph (3) in relation to an offence under a relevant bye law is exercisable only in a place to which the bye law relates.

(5) A person who fails to comply with a requirement under sub-paragraph (3) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) In its application to an offence which is an offence by reference to which a notice maybe given to a person in exercise of the power mentioned in paragraph 1(2) (aa), sub-paragraph (3) of this paragraph shall have effect as if for the words “has committed relevant offence in the relevant police area” there were substituted in the relevant police area has committed a relevant offence.

(7) In this paragraph, “relevant offence”, “relevant licensing offence” and “relevant byelaw” have the meaning given in paragraph 2 (reading accordingly the references to “this paragraph” in paragraph 2(6)).]

Power to detain etc.

2 –

(1) This paragraph applies if a designation applies it to any person.

(2) A designation may not apply this paragraph to any person unless a designation also applies paragraph 1A to him.]

(3) Where, in a case in which a requirement under [F295paragraph 1A(3)] has been imposed on another person—
(a) that other person fails to comply with the requirement, or
(b) the person who imposed the requirement has reasonable grounds for suspecting that the other person has given him a name or address that is false or inaccurate,

the person who imposed the requirement may require the other person to wait with him, for a period not exceeding thirty minutes, for the arrival of a constable.[F296This sub-paragraph does not apply if the requirement was imposed in connection with a relevant licensing offence mentioned in paragraph (a), (c) or (f) of sub-paragraph (6A) believed to have been committed on licensed premises (within the meaning of the Licensing Act 2003).]

(3A) Where—
(a) a designation applies this paragraph to any person (“the CSO”); and
(b) by virtue of a designation [F298applying paragraph 1A to the CSO,] the CSO has the power to impose a requirement under sub-paragraph (3) of that paragraph in relation to an offence under a relevant byelaw,

the CSO shall also have any power a constable has under the relevant byelaw to remove a person from a place.

(3B) Where a person to whom this paragraph applies (“the CSO”) has reason to believe that another person is committing an offence under section 3 or 4 of the Vagrancy Act 1824, and requires him to stop doing whatever gives rise to that belief, the CSO may, if the other person fails to stop as required, require him to wait with the CSO, for a period not exceeding thirty minutes, for the arrival of a constable.]

(4) A person who has been required under sub-paragraph (3) [F299or (3B)] to wait with a person to whom [F300this paragraph is applied] may, if requested to do so, elect that(instead of waiting) he will accompany the person imposing the requirement to a police station in the relevant police area.

(4A) If a person has imposed a requirement under sub-paragraph (3) or (3B) on another person (“P”), and P does not make an election under sub-paragraph (4), the person imposing the requirement shall, if a constable arrives within the thirty-minute period, be under a duty to remain with the constable and P until he has transferred control of P to the constable.

(4B) If, following an election under sub-paragraph (4), the person imposing the requirement under sub-paragraph (3) or (3B) (“the CSO”) takes the person upon whom it is imposed (“P”) to a police station, the CSO—
(a) shall be under a duty to remain at the police station until he has transferred control of P to the custody officer there;
(b) until he has so transferred control of P, shall be treated for all purposes as having P in his lawful custody; and
(c) for so long as he is at the police station, or in its immediate vicinity, in compliance with, or having complied with, his duty under paragraph (a),shall be under a duty to prevent P’s escape and to assist in keeping P under control.]

Powers to search individuals and to seize and retain items

2A –

(1) Where a designation applies this paragraph to any person, that person shall (subject to sub-paragraph (3)) have the powers mentioned in sub-paragraph (2) in relation to a person upon whom he has imposed a requirement to wait under paragraph 2(3) or(3B) (whether or not that person makes an election under paragraph 2(4)).

(2)   Those powers are the same powers as a constable has under section 32 of the 1984 Act in relation to a person arrested at a place other than a police station—
(a)    to search the arrested person if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others; and to seize and retain anything he finds on exercising that power, if the constable has reasonable grounds for believing that the person being searched might use it to cause physical injury to himself or to any other person;
(b)   to search the arrested person for anything which he might use to assist him to escape from lawful custody; and to seize and retain anything he finds on exercising that power (other than an item subject to legal privilege) if the constable has reasonable grounds for believing that the person being searched might use it to assist him to escape from lawful custody.

(3)   If in exercise of the power conferred by sub-paragraph (1) the person to whom this paragraph applies seizes and retains anything by virtue of sub-paragraph (2), he must—
(a)    tell the person from whom it was seized where inquiries about its recovery may be made; and
(b)   comply with a constable’s instructions about what to do with it.
Power to require name and address of person acting in an anti-social manner

3 –

(1) Where a designation applies this paragraph to any person, that person shall, in the relevant police area, have the powers of a constable in uniform under section 50 to require a person whom he has reason to believe to have been acting, or to be acting in an anti-social manner (within the meaning of section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders)) to give his name and address.

(2) Sub-paragraphs (3) to (5) of paragraph 2 apply in the case of a requirement imposed by virtue of sub-paragraph (1) as they apply in the case of a requirement under[F317paragraph 1A(3)] .

Power to require name and address: road traffic offences

3A –

(1) Where a designation applies this paragraph to any person, that person shall, in the relevant police area, have the powers of a constable—
(a) under subsection (1) of section 165 of the Road Traffic Act 1988 to require a person mentioned in paragraph (c) of that subsection who he has reasonable cause to believe has committed, in the relevant police area, an offence under subsection (1) or (2) of section 35 of that Act (including that section as extended by paragraphs 11B(4) and 12(2) of this Schedule) to give his name and address; and
(b) under section 169 of that Act to require a person committing an offence under section 37 of that Act (including that section as extended by paragraphs11B(4) and 12(2) of this Schedule) to give his name and address.

(2) Sub-paragraphs (3) to (5) of paragraph 2 apply in the case of a requirement imposed by virtue of sub-paragraph (1) as they apply in the case of a requirement under paragraph 1A(3).

(3) The reference in section 169 of the Road Traffic Act 1988 to section 37 of that Act is to be taken to include a reference to that section as extended by paragraphs 11B(4)and 12(2) of this Schedule.]

Power to disperse groups and remove young persons to their place of residence

4A –

Where a designation applies this paragraph to any person, that person shall, within the relevant police area, have the powers which, by virtue of an authorisation under section 30 of the Anti-social Behaviour Act 2003, are conferred on a constable in uniform by section 30(3) to (6) of that Act (power to disperse groups and remove persons under 16 to their place of residence).

Confiscation of tobacco

7 –

Where a designation applies this paragraph to any person, that person shall, within the relevant police area, have—
(a) the power to seize anything that a constable in uniform has a duty to seize under subsection (3) of section 7 of the Children and Young Persons Act1933 (c. 12) (seizure of tobacco etc. from young persons); and
(b) the power to seize anything that a constable in uniform has a duty to seize under subsection (3) of section 7 of the Children and Young Persons Act1933 (c. 12) (seizure of tobacco etc. from young persons); and

the power to dispose of anything that a constable may dispose of under that subsection;

Search and seizure powers: alcohol and tobacco

7a –

(1) Where a designation applies this paragraph to any person (“the CSO”), the CSO shall have the powers set out below.

(2)   Where —
(a)           in exercise of the powers referred to in paragraph 5 or 6 the CSO has imposed, under section 12(2) of the Criminal Justice and Police Act 2001 or under section 1 of the Confiscation of Alcohol (Young Persons) Act 1997, a requirement on a person to surrender alcohol or a container for alcohol;
(b)           that person fails to comply with that requirement; and
(c)           the CSO reasonably believes that the person has alcohol or a container for alcohol in his possession,

the CSO may search him for it.

(3)   Where –
(a)           in exercise of the powers referred to in paragraph 7 the CSO has sought to seize something which by virtue of that paragraph he has a power to seize;
(b)           the person from whom he sought to seize it fails to surrender it; and
(c)           the CSO reasonably believes that the person has it in his possession,

the CSO may search him for it.

(4)   The power to search conferred by sub-paragraph (2) or (3)—
(a)           is to do so only to the extent that is reasonably required for the purpose of discovering whatever the CSO is searching for; and
(b)           does not authorise the CSO to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves.

(5) A person who without reasonable excuse fails to consent to being searched is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) A CSO who proposes to exercise the power to search a person under sub-paragraph (2) or (3) must inform him that failing without reasonable excuse to consent to being searched is an offence.

(7) If the person in question fails to consent to being searched, the CSO may require him to give the CSO his name and address.

(8) Sub-paragraph (3) of paragraph 2 applies in the case of a requirement imposed by virtue of sub-paragraph (7) as it applies in the case of a requirement under paragraph1A(3); and sub-paragraphs (4) to (5) of paragraph 2 also apply accordingly.

(9) If on searching the person the CSO discovers what he is searching for, he may seize it and dispose of it.

Powers to seize and detain: controlled drugs

7b –

(1) Where a designation applies this paragraph to any person (“the CSO”), the CSO shall, within the relevant police area, have the powers set out in sub-paragraphs (2) and (3).

(2) If the CSO -
(a) finds a controlled drug in a person’s possession [F335(whether or not the CSO finds it in the course of searching the person by virtue of any paragraph of this Part of this Schedule being applied to the CSO by a designation); and]
(b) reasonably believes that it is unlawful for the person to be in possession of it,

the CSO may seize it and retain it.

(3)   If the CSO—
(a)    finds a controlled drug in a person’s possession (as mentioned in sub-paragraph (2)); or
(b)   reasonably believes that a person is in possession of a controlled drug,

and reasonably believes that it is unlawful for the person to be in possession of it, the CSO may require him to give the CSO his name and address.

(4)   If in exercise of the power conferred by sub-paragraph (2) the CSO seizes and retains a controlled drug, he must—
(a)    if the person from whom it was seized maintains that he was lawfully in possession of it, tell the person where inquiries about its recovery may be made; and
(b)   comply with a constable’s instructions about what to do with it.

(5) A person who fails to comply with a requirement under sub-paragraph (3) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) In this paragraph, “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.

Entry to save life or limb or prevent serious damage to property

8 –

Where a designation applies this paragraph to any person, that person shall have the powers of a constable under section 17 of the 1984 Act to enter and search any premises in the relevant police area for the purpose of saving life or limb or preventing serious damage to property.

Entry to investigate licensing offences

8A –

(1) Where a designation applies this paragraph to any person, that person shall have the powers of a constable under section 180 of the Licensing Act 2003 to enter and search premises other than clubs in the relevant police area, but only in respect of a relevant licensing offence (as defined for the purposes of paragraph 2).

(2) Except as mentioned in sub-paragraph (3), a person to whom this paragraph applies shall not, in exercise of the power conferred by sub-paragraph (1), enter any premises except in the company, and under the supervision, of a constable.

(3) The prohibition in sub-paragraph (2) does not apply in relation to premises in respect of which the person to whom this paragraph applies reasonably believes that a premises licence under Part 3 of the Licensing Act 2003 authorises the sale of alcohol for consumption off the premises.]

Seizure of vehicles used to cause alarm etc.

9 –

(1)   Where a designation applies this paragraph to any person—
(a)    that person shall, within the relevant police area, have all the powers of a constable in uniform under section 59 of this Act which are set out in subsection (3) of that section; and
(b)   references in that section to a constable, in relation to the exercise of any of those powers by that person, are references to that person.

(2) A person to whom this paragraph applies shall not enter any premises in exercise of the power conferred by section 59(3)(c) except in the company, and under the supervision, of a constable.

Abandoned vehicles

10 –

Where a designation applies this paragraph to any person, that person shall have any such powers in the relevant police area as are conferred on persons designated under that section by regulations under section 99 of the Road Traffic Regulation Act 1984(c. 27) (removal of abandoned vehicles).

Power to stop vehicle for testing

11 –

Where a designation applies this paragraph to any person, that person shall, within the relevant police area, have the power of a constable in uniform to stop a vehicle under subsection (3) of section 67 of the Road Traffic Act 1988 (c. 52) for the purposes of a test under subsection (1) of that section.

Power to stop cycles

11A –

(1) Subject to sub-paragraph (2), where a designation applies this paragraph to any person, that person shall, within the relevant police area, have the power of a constable in uniform under section 163(2) of the Road Traffic Act 1988 to stop a cycle.

(2) The power mentioned in sub-paragraph (1) may only be exercised by that person in relation to a person who he has reason to believe has committed an offence under section 72 of the Highway Act 1835 (riding on a footway) by cycling.]

Cordoned areas

14 –

Where a designation applies this paragraph to any person, that person shall, in relation to any cordoned area in the relevant police area, have all the powers of a constable in uniform under section 36 of the Terrorism Act 2000 (c. 11) (enforcement of cordoned area) to give orders, make arrangements or impose prohibitions or restrictions.

Power to stop and search vehicles etc. in authorised areas

15 –

(1)           Where a designation applies this paragraph to any person—
(a)                                   that person shall, in any authorised area within the relevant police area, have all the powers of a constable in uniform by virtue of section 44(1)(a) and (d)and (2)(b) and 45(2) of the Terrorism Act 2000 (powers of stop and search)—
(i)                             to stop and search vehicles;
(ii)                           to search anything in or on a vehicle or anything carried by the driver of a vehicle or any passenger in a vehicle;
(iii)                         to search anything carried by a pedestrian; and
(iv)                         to seize and retain any article discovered in the course of a search carried out by him or by a constable by virtue of any provision of section 44(1) or (2) of that Act; and
(b)                                   the references to a constable in subsections (1) and (4) of section 45 of that Act (which relate to the exercise of those powers) shall have effect in relation to the exercise of any of those powers by that person as references to that person.

(2) A person shall not exercise any power of stop, search or seizure by virtue of this paragraph except in the company, and under the supervision, of a constable.

PART 2 INVESTIGATING OFFICERS

Entry and search after arrest

18 –

Where a designation applies this paragraph to any person—
(a)                          he shall have the powers of a constable under section 18 of the 1984 Act(entry and search after arrest) to enter and search any premises in the relevant police area and to seize and retain anything for which he may search under that section;
(b)                          subsections (5) and (6) of that section (power to carry out search before arrested person taken to police station and duty to inform senior officer)shall have effect in relation to any exercise by that person of those powers as if the references in those subsections to a constable were references to that person;
(c)                          section 19(6) of that Act (protection for legally privileged material from seizure) shall have effect in relation to the seizure of anything by that person by virtue of sub-paragraph (a) as it has effect in relation to the seizure of anything by a constable;
(d)                         section 20 of that Act (extension of powers of seizure to computerised information) shall have effect in relation the power of seizure conferred on that person by virtue of sub-paragraph (a) as it applies in relation to the power of seizure conferred on a constable by section 18(2) of that Act;
(e)                          section 21(1) and (2) of that Act (provision of record of seizure) shall have effect in relation to the seizure of anything by that person in exercise of the power conferred on him by virtue of sub-paragraph (a) as if the references to a constable and to an officer included references to that person; and
(f)                           sections 21(3) to (8) and 22 of that Act (access, copying and retention) shall have effect in relation to anything seized by that person in exercise of that power or taken away by him following the imposition of a requirement by virtue of sub-paragraph (d)—
(i)                 as they have effect in relation to anything seized in exercise of the power conferred on a constable by section 18(2) of that Act or taken away by a constable following the imposition of a requirement by virtue of section 20 of that Act; and
(ii)               as if the references to a constable in subsections (3), (4) and (5) of section 21 included references to a person to whom this paragraph applies.

Entry and search for evidence of nationality after arrest

18A –

Where a designation applies this paragraph to any person—
(a) sections 44 to 46 of the UK Borders Act 2007 (entry, search and seizure after arrest) shall apply to that person (with any necessary modifications)as if a reference to a constable included a reference to that person, and
(b) a provision of the 1984 Act which applies to constables in connection with any of those sections shall apply (with any necessary modifications) to that person.]

General power of seizure

19 –

Where a designation applies this paragraph to any person—
(a)                he shall, when lawfully on any premises in the relevant police area, have the same powers as a constable under section 19 of the 1984 Act (general powers of seizure) to seize things;
(b)               he shall also have the powers of a constable to impose a requirement by virtue of subsection (4) of that section in relation to information accessible from such premises;
(c)                subsection (6) of that section (protection for legally privileged material from seizure) shall have effect in relation to the seizure of anything by that person by virtue of sub-paragraph (a) as it has effect in relation to the seizure of anything by a constable;
(d)               section 21(1) and (2) of that Act (provision of record of seizure) shall have effect in relation to the seizure of anything by that person in exercise of the power conferred on him by virtue of sub-paragraph (a) as if the references to a constable and to an officer included references to that person; and
(e)                sections 21(3) to (8) and 22 of that Act (access, copying and retention) shall have effect in relation to anything seized by that person in exercise of that power or taken away by him following the imposition of a requirement by virtue of sub-paragraph (b)—
(i)                             as they have effect in relation to anything seized in exercise oft he power conferred on a constable by section 19(2) or (3) of that Act or taken away by a constable following the imposition of a requirement by virtue of section 19(4) of that Act; and
(ii)                           as if the references to a constable in subsections (3), (4) and (5) of section 21 included references to a person to whom this paragraph applies.

SCHEDULE 5 – Powers exercisable by accredited persons

Power to require giving of name and address

2 –

(1) Where an accredited person whose accreditation specifies that this paragraph applies to him has reason to believe that another person has committed a relevant offence in the relevant police area, he may require that other person to give him his name and address.

(2) A person who fails to comply with a requirement under sub-paragraph (1) is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(3)                          In this paragraph “relevant offence”, in relation to any accredited person, means any offence which is—
(a)                a relevant fixed penalty offence for the purposes of any powers exercisable by the accredited person by virtue of paragraph 1; or
(aa)an offence under section 3 or 4 of the Vagrancy Act 1824; or
(aza)    an offence under a relevant byelaw within the meaning of paragraph 1A(4);or]
(b)               an offence the commission of which appears to the accredited person to have caused—
(i)                 injury, alarm or distress to any other person; or
(ii)               the loss of, or any damage to, any other person’s property;

but the accreditation of an accredited person may provide that an offence is not to be treated as a relevant offence by virtue of paragraph (b) unless it satisfies such other conditions as may be specified in the accreditation.

Power to require name and address of person acting in an anti-social manner

3 –

An accredited person whose accreditation specifies that this paragraph applies to him shall, in the relevant police area, have the powers of a constable in uniform under section 50 to require a person whom he has reason to believe to have been acting, or to be acting, in an anti-social manner (within the meaning of section 1 of the Crime and Disorder Act 1998 (c. 37) (anti-social behaviour orders)) to give his name and address.

Power to require name and address: road traffic offences

3A –

(1)         An accredited person whose accreditation specifies that this paragraph applies to him shall, in the relevant police area, have the powers of a constable—
(a)                                   under subsection (1) of section 165 of the Road Traffic Act 1988 to require a person mentioned in paragraph (c) of that subsection who he has reasonable cause to believe has committed, in the relevant police area, an offence under subsection (1) or (2) of section 35 of that Act (including that section as extended by paragraphs 8B(4) and 9(2) of this Schedule) to give his name and address; and
(b)                                   under section 169 of that Act to require a person committing an offence under section 37 of that Act (including that section as extended by paragraphs8B(4) and 9(2) of this Schedule) to give his name and address.

(2) The reference in section 169 of the Road Traffic Act 1988 to section 37 of that Act is to be taken to include a reference to that section as extended by paragraphs 8B(4)and 9(2) of this Schedule.]

Alcohol consumption in designated public places

4 –

An accredited person whose accreditation specifies that this paragraph applies to him shall, within the relevant police area, have the powers of a constable under section 12of the Criminal Justice and Police Act 2001 (c. 16) (alcohol consumption in public places)—
(a) to impose a requirement under subsection (2) of that section; and
(b) to dispose under subsection (3) of that section of anything surrendered to him;

and that section shall have effect in relation to the exercise of those powers by that person as if the references to a constable in subsections (1) and (5) were references to the accredited person.

Source = http://www.legislation.gov.uk/ukpga/2002/30/contents

—————————————————————

Crime and Disorder Act 1998

CHAPTER I

ENGLAND AND WALES

Crime and disorder: general

1 – Anti-social behaviour orders.

(1)   An application for an order under this section may be made by a relevant authority if it appears to the authority that the following conditions are fulfilled with respect to any person aged 10 or over, namely—
(a)                          that the person has acted, since the commencement date, in an anti-social manner, that is to say, in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself; and
(b)                          that such an order is necessary to protect relevant persons from further antisocial acts by him.]

4 – Appeals against orders.

(1) An appeal shall lie to the Crown Court against the making by a magistrates’ court of an anti-social behaviour order [F32, an order under section 1D above,][F33, a sex offender order or an order under section 2A above] .

(2)   On such an appeal the Crown Court—
(a)                           may make such orders as may be necessary to give effect to its determination of the appeal; and
(b)                          may also make such incidental or consequential orders as appear to it to be just.

(3) Any order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by a magistrates’ court) shall, for the purposes of section 1(8) or 2(6) above, be treated as if it were an order of the magistrates’ court from which the appeal was brought and not an order of the Crown Court.

CHAPTER II

SCOTLAND

19 – Anti-social behaviour orders.

(1)   A local authority may make an application for an order under this section if it appears to the authority that the following conditions are fulfilled with respect to any person of or over the age of 16, namely—
(a)    that the person has—
(i)                          acted in an anti-social manner, that is to say, in a manner that caused or was likely to cause alarm or distress; or
(ii)                        pursued a course of anti-social conduct, that is to say, pursued a course of conduct that caused or was likely to cause alarm or distress, to one or more persons not of the same household as himself in the authority’s area (and in this section “anti-social acts” and “anti-social conduct” shall be construed accordingly); and
(b)   that such an order is necessary to protect persons in the authority’s area from further anti-social acts or conduct by him.

(2) An application under subsection (1) above shall be made by summary application to the sheriff within whose sheriffdom the alarm or distress was alleged to have been caused or to have been likely to be caused.

(3) On an application under subsection (1) above, the sheriff may, if he is satisfied that the conditions mentioned in that subsection are fulfilled, make an order under this section (an “anti-social behaviour order”) which, for the purpose of protecting persons in the area of the local authority from further anti-social acts or conduct by the person against whom the order is sought, prohibits him from doing anything described in the order.

(4) For the purpose of determining whether the condition mentioned in subsection (1)(a) is fulfilled, the sheriff shall disregard any act of the person in respect of whom the application is made which that person shows was reasonable in the circumstances.

(5) This section does not apply in relation to anything done before the commencement of this section.

(6) Nothing in this section shall prevent a local authority from instituting any legal proceedings otherwise than under this section against any person in relation to any antisocial act or conduct.

(7) In this section “conduct” includes speech and a course of conduct must involve conduct on at least two occasions.

(8) In this section and section 21 below “local authority” means a council constituted under section 2 of the M17Local Government etc. (Scotland) Act 1994 and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act for which it is so constituted.

CHAPTER III

GREAT BRITAIN

25 – Powers to require removal of masks etc.

(1) After subsection (4) of section 60 (powers to stop and search in anticipation of violence) of the M25Criminal Justice and Public Order Act 1994 (“the 1994 Act”) there shall be inserted the following subsection—

“(4A) This section also confers on any constable in uniform power—
(a) to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity;
(b) to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose.”

27 – Power of arrest for failure to comply with requirement.

(1) In section 24(2) (arrestable offences) of the Police and Criminal Evidence Act 1984 (“the 1984 Act”), after paragraph (n) there shall be inserted—

“(o) an offence under section 60(8)(b) of the M26Criminal Justice and Public Order Act 1994 (failing to comply with requirement to remove mask etc.);”.

(2) After section 60A of the 1994 Act there shall be inserted the following section—

“60B Arrest without warrant for offences under section 60: Scotland.

In Scotland, where a constable reasonably believes that a person has committed or is committing an offence under section 60(8) he may arrest that person without warrant.”

PART II

CRIMINAL LAW

[F71Racially or religiously aggravated] offences: England and Wales

28 – Meaning of “ [racially or religiously aggravated]”.

(1)   An offence is [racially or religiously aggravated] for the purposes of sections 29 to 32 below if—
(a)                          at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a [F73racial or religious group]; or
(b)                          the offence is motivated (wholly or partly) by hostility towards members of a [F73racial or religious group] based on their membership of that group.

(2) In subsection (1)(a) above—

“membership”, in relation to a [F73racial or religious group], includes

association with members of that group;

“presumed” means presumed by the offender.

(3) It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above whether or not the offender’s hostility is also based, to any extent, [F74on any other factor not mentioned in that paragraph.]

(4) In this section “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.

(5) In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious belief.]

31 – [Racially or religiously aggravated] public order offences.

(1)   A person is guilty of an offence under this section if he commits—
(a)                          an offence under section 4 of the M29Public Order Act 1986 (fear or provocation of violence);
(b)                          an offence under section 4A of that Act (intentional harassment, alarm or distress); or
(c)                          an offence under section 5 of that Act (harassment, alarm or distress),

which is [F81racially or religiously aggravated] for the purposes of this section.

(2) A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence falling within subsection (1)(a) or (b) above.

(3)   A constable may arrest a person without warrant if—
(a)    he engages in conduct which a constable reasonably suspects to constitute an offence falling within subsection (1)(c) above;
(b)   he is warned by that constable to stop; and
(c)    he engages in further such conduct immediately or shortly after the warning.

The conduct mentioned in paragraph (a) above and the further conduct need not be of the same nature.

(4)   A person guilty of an offence falling within subsection (1)(a) or (b) above shall be liable —
(a)    on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b)   on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(5) A person guilty of an offence falling within subsection (1)(c) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) or (b) above, the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.

(7) For the purposes of subsection (1)(c) above, section 28(1)(a) above shall have effect as if the person likely to be caused harassment, alarm or distress were the victim of the offence.

32 – [Racially or religiously aggravated] harassment etc.

(1)   A person is guilty of an offence under this section if he commits—
(a)    an offence under section 2 of the M30Protection from Harassment Act 1997 (offence of harassment); or
(b)   an offence under section 4 of that Act (putting people in fear of violence),

which is [F83racially or religiously aggravated] for the purposes of this section.

(3)   A person guilty of an offence falling within subsection (1)(a) above shall be liable—
(a)                           on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b)                          on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(4)   A person guilty of an offence falling within subsection (1)(b) above shall be liable—
(a)                           on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b)                          on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.

Source = http://www.legislation.gov.uk/ukpga/1998/37/contents

—————————————————————

Police Reform and Social Responsibility Act 2011

2011 CHAPTER 13

An Act to make provision about the administration and governance of police forces;

about the licensing of, and for the imposition of a late night levy in relation to, the sale

and supply of alcohol, and for the repeal of provisions about alcohol disorder zones; for

the repeal of sections 132 to 138 of the Serious Organised Crime and Police Act 2005

and for the prohibition of certain activities in Parliament Square; to enable provision in

local authority byelaws to include powers of seizure and forfeiture; about the control of

dangerous or otherwise harmful drugs; to restrict the issue of arrest warrants for certain extra-territorial offences; and for connected purposes. [15th September 2011]

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:—

141 – Demonstrations in vicinity of Parliament: repeal SOCPA 2005 provisions

(1) Sections 132 to 138 of the Serious and Organised Crime and Police Act 2005 (which regulate demonstrations and use of loudspeakers in the vicinity of Parliament) are repealed.

(2) The public assemblies in relation to which section 14 of the Public Order Act 1986 applies, as a consequence of the repeal of section 132(6) of the Series and Organised Crime Act 2005, include public assemblies which started, or were being organised before this section comes into force.

142 – Controlled area of Parliament Square

(1)   For the purpose of this Part, the “controlled area of Palriament Square” means the area of land that is comprised in –
(a)    the central garden of Parliament Square, and
(b)   the footways that immediately adjoin the central garden of Parliament Square.

(2) In subsection (1) – “the central garden of Parliament Square” means the site in Parliament Square on which the Minister of Works was authorised by the Parliaments Square (Improvements) Act 1949 to lay out the garden referred to in that Act as “the new central garden”; “footway” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act).

143 – Prohibited activities in controlled area of Parliament Square

(1)        A constable or authorised officer who has reasonable grounds for believing that a person is doing, or is about to do, a prohibited activity may direct the person –
(a)    to cease doing that activity, or
(b)   (as the case may be) not to start doing that activity.

(2) For the purpose of this Part, a “prohibited activity” is any of the following –
(a)    operating any amplified noise equipment in the controlled area of Parliament Square;
(b)   erecting or keeping erected in the controlled area of Parliament Square –
i.      any tent, or
ii.      any other structure that is designed, or adapted, (solely or mainly) for the purpose of sleeping or staying in that area;
(c)    using any tent or other such structure in the controlled area of Parliament Square for the purpose of sleeping or staying in that area;
(d)    placing or keeping in place in the controlled area of Parliament Square any sleeping equipment with a view to its use (whether or not by the person placing it or keeping it in place) for the purpose of sleeping overnight in that area;
(e)   using any sleeping equipment in the controlled area of Parliament Square for the purpose of sleeping overnight in that area.

(3)   But and activity is not to be treated as a “prohibited activity” within subsection (2) if it is done –
(a)    for police, fire and rescue authority or ambulance purposes,
(b)   by or on behalf of a relevant authority, or
(c)    by a person so far as authorised under section 147 to do it (authorisation for operation of amplified noise equipment).

(4)   In subsection (2)(a) “amplified noise equipment” means any device that is designed or adapted for amplifying sound, including (but not limited to) –
(a)    loudspeakers, and
(b)   loudhailers.

(5)   In subsection (3)(b) “relevant authority” means any of the following –
(a)    a Minister of the Crown or a government department,
(b)   the Greater London Authority, or
(c)    Westminster City Council.

(6)   It is immaterial for the purposes of a prohibited activity –
(a)    in the case of an activity within subsection (2)(b) or (c) of keeping a tent or similar structure erected or using a tent or similar structure, whether the tent or structure was first erected before or after the coming into force of this section;
(b)   in the case of an activity within subsection (2)(d) or (e) of keeping in place any sleeping equipment or using any such equipment, whether the sleeping equipment or using any such equipment, whether the sleeping equipment was first placed before or after the coming into force of this section.

(7) In this section “sleeping equipment” means any sleeping bag, mattress or other similar item designed, or adapted, (solely or mainly) for the purpose of facilitating sleeping in a place.

(8) A person who fails without reasonable excuse to comply with a direction under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

144 – Directions under Section 143: further provision

(1) A direction requiring a person to cease doing a prohibited activity may include a direction that the person does not start doing that activity again after having ceased it.

(2)   A direction requiring a person not to start doing a prohibited activity continues in force until –
(a)    the end of such period beginning with the day on which the direction is given as may be specified by the constable or authorized officer giving the direction, or
(b)   if no such period is specified, the end of the period of 90 days beginning with the day on which the direction is given.

(3) a period specified under subsection (2)(a) may not be longer than 90 days.

(4) A direction may be given to a person to cease operating, or not to start operating, any amplified noise equipment only if it appears to the constable or authorised officer giving the direction that the following condition is met.

(5) The condition is that the person is operating, or is about to operate, the equipment in such a manner as to produce sound that other persons in or in the vicinity of the controlled area of Parliament Square can hear or are likely to be able to hear.

(6)   A direction –
(a)    may be given orally,
(b)   may be given to any person individually or to two or more persons together, and
(c)    may be withdrawn or varied by the person who gave it.

(7) In this section – “amplified noise equipment” has the meaning given by section 143(4); “direction” means a direction given under section 143(1).

145 – Power to seize property

(1) A constable or authorised officer may seize and retain a prohibited item that is on any land in the controlled area of Parliament Square if it appears to that constable or officer that the item is being, or has been, used in connection with the commission of an offence under section 143.

(2) A constable may seize and retain a prohibited item that is on any land outside of the controlled area of Parliament Square if it appears to the constable that the item has been used in connection with the commission of an offence under section 143.

(3) A “prohibited item” is any item of a kind mentioned in section 143(2).

(4) A constable may use reasonable force, if necessary, in exercising a power of seizure under this section.

(5)   An item seized under this section must be returned to the person from whom it was seized –
(a)    no later than the end of the period of 28 days beginning with the day on which the item was seized, or
(b)   if proceedings are commenced against the person for an offence under section 143 before the return of the item under paragraph (a), at the conclusion of those proceedings.

(6)   If it is not possible to return an item under subsection (5) because the name or the address of the person from whom it was seized is not known –
(a)    the item may be returned to any other person appearing to have rights in the property who has come forward to claim it, or
(b)   if there is no such person, the item may be disposed of or destroyed at any time after the end of the period of 90 days beginning with the day on which the item was seized.

(7) Subsections (5)(b) and (6) do not apply if a court makes an order under section 146(1)(a) for the forfeiture of the item.

(8) The references in subsections (1) and (2) to an item that is “on” any land include references to an item that is in the possession of a person who is on any such land.

146 – Power of court on conviction

(1)   The court may do either or both of the following on the conviction of a person (“P”) of an offence under section 143 –
(a)    make an order providing for the forfeiture of any item of a kind mentioned in subsection (2) of that section that was used in the commission of the offence;
(b)   make such other order as the court considers appropriate for the purpose of preventing P from engaging in any prohibited activity in the controlled area of Parliament Square.

(2) An order under subsection (1)(b) may (in particular) require P not to enter the controlled area of Parliament Square for such period as may be specified in the order.

(3) Power of the court to make an order under this section is in addition to the court’s power to impose a fine under section 143(8).

147 – Authorization for operation of amplified noise equipment

(1) The responsible authority for any land in the controlled area of Parliament Square may authorise a person in accordance with this section to operate on that land any amplified noise equipment (as defined by section 143(4)).

(2) An application for authorisation must be made to the responsible authority by or on behalf of the person 9or persons) seeking the authorisation.

(3)   The responsible authority may –
(a)    determine the form in which, and the manner in which, an application is to be made;
(b)   specify the information to be supplied in connection with an application;
(c)    require a fee to be paid for determining an application.

(4)   If an application is duly made to a responsible authority, the authority must –
(a)    determine the application, and
(b)   give notice in writing to the applicant of the authority’s decision within the period of 21 days beginning with the day on which the authority receives the application.

(5)   The notice must specify –
(a)    the person (or persons) authorised (whether by name or description),
(b)   the kind of amplified noise equipment to which the authorisation applies,
(c)    the period to which the authorisation applies, and
(d)   any conditions to which the authorisation is subject.

(6)   The responsible authority may at any time—
(a)    withdraw an authorisation given to a person under this section, or
(b)   vary any condition to which an authorisation is subject.

(7)   Variation under subsection (6)(b) includes—
(a)    imposing a new condition,
(b)   removing an existing condition, or
(c)    altering any period to which a condition applies.

(8) The exercise of a power under subsection (6) to withdraw an authorisation or to vary a condition is effected by the responsible authority giving notice in writing to the applicant.

Source = http://www.legislation.gov.uk/ukpga/2011/13/contents

—————————————————————

Highways Act 1835

72 – Penalty on persons committing nuisances by riding on footpaths, &c.

If any person shall wilfully ride upon any footpath or causeway by the side of any road made or set apart for the use or accommodation of foot passengers; or shall wilfully lead or drive any horse, ass, sheep, mule, swine, or cattle or carriage of any description, or any truck or sledge, upon any such footpath or causeway; or shall tether any horse, ass, mule, swine, or cattle, on any highway, so as to suffer or permit the tethered animal to be thereon;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29; every person so offending in any of the cases aforesaid shall for each and every such offence forfeit and pay any sum not exceeding [F30level 2 on the standard scale], over and above the damages occasioned thereby

Source = http://www.legislation.gov.uk/ukpga/Will4/5-6/50/contents

—————————————————————

Highways Act 1980

31 – Dedication of way as highway presumed after public use for 20 years.

(1) Where a way over any land, other than a way of such a character that use of it by the public could not give rise at common law to any presumption of dedication, has been actually enjoyed by the public as of right and without interruption for a full period of20 years, the way is to be deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it.

(1A)     Subsection (1)—
(a)                is subject to section 66 of the Natural Environment and Rural Communities Act 2006 (dedication by virtue of use for mechanically propelled vehicles no longer possible), but
(b)               applies in relation to the dedication of a restricted byway by virtue of use for non-mechanically propelled vehicles as it applies in relation to the dedication of any other description of highway which does not include a public right of way for mechanically propelled vehicles.

(2) The period of 20 years referred to in subsection (1) above is to be calculated retrospectively from the date when the right of the public to use the way is brought into question, whether by a notice such as is mentioned in subsection (3) below or otherwise.

(3)   Where the owner of the land over which any such way as aforesaid passes—
(a)                has erected in such manner as to be visible to persons using the way a notice inconsistent with the dedication of the way as a highway, and
(b)               has maintained the notice after the 1st January 1934, or any later date on which it was erected,

the notice, in the absence of proof of a contrary intention, is sufficient evidence to negative the intention to dedicate the way as a highway.

(4) In the case of land in the possession of a tenant for a term of years, or from year to year, any person for the time being entitled in reversion to the land shall, not withstanding the existence of the tenancy, have the right to place and maintain such a notice as is mentioned in subsection (3) above, so, however, that no injury is done thereby to the business or occupation of the tenant.

(5) Where a notice erected as mentioned in subsection (3) above is subsequently torn down or defaced, a notice given by the owner of the land to the appropriate council that the way is not dedicated as a highway is, in the absence of proof of a contrary intention, sufficient evidence to negative the intention of the owner of the land to dedicate the way as a highway.

(6)   An owner of land may at any time deposit with the appropriate council—
(a)                                   a map of the land on a scale of not less than 6 inches to 1 mile, and
(b)                                   a statement indicating what ways (if any) over the land he admits to have been dedicated as highways;

and, in any case in which such a deposit has been made, statutory declarations made by that owner or by his successors in title and lodged by him or them with the appropriate council at any time—
(i) within [F71ten] years from the date of the deposit, or
(j) within [F71ten] years from the date on which any previous declaration was last lodged under this section.

to the effect that no additional way (other than any specifically indicated in the declaration) over the land delineated on the said map has been dedicated as a highway since the date of the deposit, or since the date of the lodgment of such previous declaration, as the case may be, are, in the absence of proof of a contrary intention, sufficient evidence to negative the intention of the owner or his successors in title to dedicate any such additional way as a highway.

(7) For the purposes of the foregoing provisions of this section “owner”, in relation to any land, means a person who is for the time being entitled to dispose of the fee simple in the land; and for the purposes of subsections (5) and (6) above “the appropriate council” means the council of the county [F72, metropolitan district] or London borough in which the way (in the case of subsection (5)) or the land (in the case of subsection (6)) is situated or, where the way or land is situated in the City, the Common Council.

(7A)Subsection (7B) applies where the matter bringing the right of the public to use a way into question is an application under section 53(5) of the Wildlife and Countryside Act 1981 for an order making modifications so as to show the right on the definitive map and statement.

(7B)The date mentioned in subsection (2) is to be treated as being the date on which the application is made in accordance with paragraph 1 of Schedule 14 to the 1981 Act.]

31A – Register of maps, statements and declarations.

(1) The appropriate council shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to maps and statements deposited and declarations lodged with that council under section 31(6) above.

(2) Regulations may make provision for the register to be kept in two or more parts, each part containing such information as may be prescribed with respect to such maps, statements and declarations.

(3) Regulations may make provision as to circumstances in which an entry relating to a map, statement or declaration, or anything relating to it, is to be removed from the register or from any part of it.

(4) Every register kept under this section shall be available for inspection free of charge at all reasonable hours.

PART IX

LAWFUL AND UNLAWFUL INTERFERENCE WITH HIGHWAYS AND STREETS

Protection of public rights

130 – Protection of public rights.

(1) It is the duty of the highway authority to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority, including any roadside waste which forms part of it.

(2) Any council may assert and protect the rights of the public to the use and enjoyment of any highway in their area for which they are not the highway authority, including any roadside waste which forms part of it.

(3)   Without prejudice to subsections (1) and (2) above, it is the duty of a council who area highway authority to prevent, as far as possible, the stopping up or obstruction of—
(a)                          the highways for which they are the highway authority, and
(b)                          any highway for which they are not the highway authority, if, in their opinion, the stopping up or obstruction of that highway would be prejudicial to the interests of their area.

(4) Without prejudice to the foregoing provisions of this section, it is the duty of a local highway authority to prevent any unlawful encroachment on any roadside waste comprised in a highway for which they are the highway authority.

(5) Without prejudice to their powers under section 222 of the M44Local Government Act 1972, a council may, in the performance of their functions under the foregoing provisions of this section, institute legal proceedings in their own name, defend any legal proceedings and generally take such steps as they deem expedient.

130A – Notices to enforce duty regarding public paths.

(1)   Any person who alleges, as respects any highway for which a local highway authority other than an inner London authority are the highway authority—
(a)                          that the highway falls within subsection (2) below, and
(b)                          that it is obstructed by an obstruction to which this section applies,

may serve on the highway authority notice requesting them to secure the removal of the obstruction from the highway.

(2)   A highway is within this subsection if it is—
(a)                            a footpath, bridleway, or restricted byway, or
(b)                           a way shown in a definitive map and statement as a restricted byway or a byway open to all traffic.

(3)   Subject to subsection (4) below, this section applies to an obstruction of the highway if the obstruction is without lawful authority and either—
(a)                            the powers conferred by section 143, 149 or 154 below are exercisable in respect of it, or
(b)                           it is of a description prescribed by regulations made by the Secretary of State and the authority have power (otherwise than under any of those sections) to secure its removal.

(4)   This section does not apply to an obstruction if—
(a)                            it is or forms part of—
(i)                       a building (whether temporary or permanent) or works for the construction of a building, or
(ii)                           any other structure (including a tent, caravan, vehicle or other temporary or movable structure) which is designed, adapted or used for human habitation,
(b)                           an order may be made in respect of it under section 56 above, or
(c)                            the presence of any person constitutes the obstruction.

(5) A person serving a notice under subsection (1) above must include in the notice the name and address, if known to him, of any person who it appears to him may be for the time being responsible for the obstruction.

(6)   A highway authority on whom a notice under subsection (1) above is served shall, within one month from the date of service of the notice, serve—
(a)                            on every person whose name and address is, pursuant to subsection (5) above, included in the notice and, so far as reasonably practicable, on every other person who it appears to them may be for the time being responsible for the obstruction, a notice informing that person that a notice under subsection (1)above has been served in relation to the obstruction and stating what, if any, action the authority propose to take, and
(b)                           on the person who served the notice under subsection (1) above, a notice containing the name and address of each person on whom notice is served under paragraph (a) above and stating what, if any, action the authority propose to take in relation to the obstruction.

130B – Orders following notice under section 130A.

(1) Where a notice under section 130A(1) above has been served on a highway authority in relation to any obstruction, the person who served it, if not satisfied that the obstruction has been removed, may apply to a magistrates’ court in accordance with section 130Cbelow for an order under this section.

(2) An order under this section is an order requiring the highway authority to take, within such reasonable period as may be fixed by the order, such steps as may be specified in the order for securing the removal of the obstruction.

(3)   An order under this section shall not take effect—
(a)    until the end of the period of twenty-one days from the day on which the order is made; or
(b)   if an appeal is brought in respect of the order within that period (whether byway of appeal to the Crown Court or by way of case stated for the opinion of the High Court), until the final determination or withdrawal of the appeal.

(4)   Subject to subsection (5) below, the court may make an order under this section if it is satisfied—
(a)    that the obstruction is one to which section 130A above applies or, in a case falling within subsection (4)(a)(ii) of that section, is one to which that section would apply but for the obstruction having become used for human habitation since service of the notice relating to it under subsection (1) of that section,
(b)   that the way obstructed is a highway within subsection (2) of that section, and
(c)    that the obstruction significantly interferes with the exercise of public rights of way over that way.

(5)   No order shall be made under this section if the highway authority satisfy the court—
(a)    that the fact that the way obstructed is a highway within section 130A(2) above is seriously disputed,
(b)   on any other grounds, that they have no duty under section 130(3) above to secure the removal of the obstruction, or
(c)    that, under arrangements which have been made by the authority, its removal will be secured within a reasonable time, having regard to the number and seriousness of obstructions in respect of which they have such a duty.

(6) A highway authority against whom an order is made under this section shall, as soon as practicable after the making of the order, cause notice of the order and of the right to appeal against it to be displayed in such manner and at such places on the highway concerned as may be prescribed by regulations made by the Secretary of State, and the notice shall be in such form and contain such information as may be so prescribed.

130C – Section 130B: procedure.

(1) A person proposing to make an application under section 130B above shall before making the application serve notice of his intention to do so on the highway authority concerned.

(2) A notice under subsection (1) above shall be in such form and contain such information as may be prescribed by regulations made by the Secretary of State.

(3) The notice may not be served before the end of two months beginning with the date of service on the highway authority of the notice under section 130A(1) above (“the request notice”).

Damage to highways, streets etc.

131 – Penalty for damaging highway etc.

31 – Dedication of way as highway presumed after public use for 20 years.

the notice, in the absence of proof of a contrary intention, is sufficient evidence to negative the intention to dedicate the way as a highway.

(7B)The date mentioned in subsection (2) is to be treated as being the date on which the application is made in accordance with paragraph 1 of Schedule 14 to the 1981 Act.]

31A – Register of maps, statements and declarations.

(2) Regulations may make provision for the register to be kept in two or more parts, each part containing such information as may be prescribed with respect to such maps, statements and declarations.

(4) Every register kept under this section shall be available for inspection free of charge at all reasonable hours.

PART IX

LAWFUL AND UNLAWFUL INTERFERENCE WITH HIGHWAYS AND STREETS

Protection of public rights

130 – Protection of public rights.

130A – Notices to enforce duty regarding public paths.

may serve on the highway authority notice requesting them to secure the removal of the obstruction from the highway.

130B – Orders following notice under section 130A.

130C – Section 130B: procedure.

(1) A person proposing to make an application under section 130B above shall before making the application serve notice of his intention to do so on the highway authority concerned.

(2) A notice under subsection (1) above shall be in such form and contain such information as may be prescribed by regulations made by the Secretary of State.

(3) The notice may not be served before the end of two months beginning with the date of service on the highway authority of the notice under section 130A(1) above (“the request notice”).

Damage to highways, streets etc.

131 – Penalty for damaging highway etc.

(1)   If a person, without lawful authority or excuse—
(a)    makes a ditch or excavation in a highway which consists of or comprises a carriageway, or
(b)   removes any soil or turf from any part of a highway, except for the purpose of improving the highway and with the consent of the highway authority for the highway, or
(c)    deposits anything whatsoever on a highway so as to damage the highway, or
(d)   lights any fire, or discharges any firearm or firework, within 50 feet from the centre of a highway which consists of or comprises a carriageway, and in consequence thereof the highway is damaged,

he is guilty of an offence.

(2) If a person without lawful authority or excuse pulls down or obliterates a traffic sign placed on or over a highway, or a milestone or direction post (not being a traffic sign)so placed, he is guilty of an offence; but it is a defence in any proceedings under this subsection to show that the traffic sign, milestone or post was not lawfully so placed.

(3) A person guilty of an offence under this section is liable to a fine not exceeding £20or, in the case of a second or subsequent conviction under this section, to a fine not exceeding £50.

132 – Unauthorised marks on highways.

(1) A person who, without either the consent of the highway authority for the highway in question or an authorisation given by or under an enactment or a reasonable excuse, paints or otherwise inscribes or affixes any picture, letter, sign or other mark upon the surface of a highway or upon any tree, structure or works on or in a highway is guilty of an offence and liable to a fine not exceeding £100 or, in the case of a second or subsequent conviction under this subsection, to a fine not exceeding £200.

(2) The highway authority for a highway may, without prejudice to their powers apart from this subsection and whether or not proceedings in respect of the matter have been taken in pursuance of subsection (1) above, remove any picture, letter, sign or other mark which has, without either the consent of the authority or an authorisation given by or under an enactment, been painted or otherwise inscribed or affixed upon the surface of the highway or upon any tree, structure or works on or in the highway.

Obstruction of highways and streets

137 – Penalty for wilful obstruction.

(1) If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to a fine not exceeding [F350level 3 on the standard scale].

Part XIV –

Miscellaneous and Supplementary Provisions

287 – Power to erect barriers in streets in cases of emergency etc.

(1) Subject to the provisions of this section, for the purpose of securing public order or public safety or preventing congestion of traffic a competent authority may, in any case of emergency or on any occasion on which it is likely by reason of some special attraction that any street will be thronged or obstructed, cause barriers to be erected in any street and kept in position for so long as may be necessary for that purpose.

For the purposes of this section the following are competent authorities—
(a) in the case of a street outside Greater London which is a highway, a local authority and also the highway authority;
(b) in the case of any other street, a local authority.

(2) For the purpose of erecting barriers in a street under this section a competent authority may provide and maintain sockets or slots in or under the surface of the street.

(3) A competent authority shall not exercise the powers conferred by this setion in such a way as to deprive pedestrians of reasonable access to any premises.

(4) Schedule 8 to this Act applies to the powers conferred on competent authorities by this section.

(5) If a person wilfully removes a barrier, socket or slot erected or provided under this section, he is guilty of an offence and liable to a fine not exceeding [F608level 1 on the standard scale].

289 – Powers of entry of highway authority for the purpose of survey.

(1) A person duly authorised in writing by a highway authority may at any reasonable time enter on any land for the purpose of surveying that or any other land in connection with the exercise by that authority, in their capacity as a highway authority, of any of their functions.

(2) The power conferred by this section to enter on land includes power to place and leave on or in the land any apparatus for use in connection with any survey of that or any other land (whether from the air or on the ground) and to remove such apparatus.

290 – Supplementary provisions as to powers of entry for the purpose of survey.

(1) A person authorised under section 289 above to enter on any land shall, if so required, produce evidence of his authority before or after entering on that land.

(2) A person so authorised may take with him on to the land in question such other persons, and such vehicles and equipment, as he may consider necessary.

(3) Subject to subsection (6) below, a person shall not under section 289 above demand admission as of right to any land which is occupied unless at least 7 days’ notice of the intended entry has been given to the occupier.

(4) Subject to subsection (6) below, a person shall not, in the exercise of a power conferred by section 289 above, place or leave any apparatus on or in any land or remove any apparatus there from unless notice of his intention to do so has been included in the notice required by subsection (3) above and a like notice has been given to the owner of the land.

he is guilty of an offence.

(3) A person guilty of an offence under this section is liable to a fine not exceeding £20or, in the case of a second or subsequent conviction under this section, to a fine not exceeding £50.

132 – Unauthorised marks on highways.

Obstruction of highways and streets

137 – Penalty for wilful obstruction.

Part XIV –

Miscellaneous and Supplementary Provisions

287 – Power to erect barriers in streets in cases of emergency etc.

For the purposes of this section the following are competent authorities—

(a) in the case of a street outside Greater London which is a highway, a local authority and also the highway authority;

(b) in the case of any other street, a local authority.