Explanatory Notes

Anti-Social Behaviour Act 2003

2003 CHAPTER 38

20 November 2003

Commentary on Sections

Part 6: the Environment

Removal of graffiti

Section 48: Graffiti removal notices

111.Subsections (1) and (2) enable a local authority to serve a “graffiti removal notice” on the owners of street furniture, statutory undertakers and educational institutions whose property is defaced with graffiti that is either detrimental to the amenity of the area or offensive. Subsection (3) sets out that the notice will require them to remove the graffiti within a specified period of time, a minimum of 28 days. Subsections (4) and (5) state that if the person responsible for the property fails to remove the graffiti, the local authority can intervene and clean up the graffiti. Subsection (6) requires that the notice should detail the consequences of non-compliance and subsection (7) sets out the process for serving a notice.Subsection (8) allows that the local authority may affix a notice to the offending surface if they are unable to locate the person responsible. Subsections (9) and (10) define the surfaces covered,subsection (11) sets out whom the notice should be served upon andsubsection (12) provides the definition of remaining terms.