Part 6The environment

Penalty notices for graffiti and fly-posting

I2I147Interpretation etc

1

In this section and sections 43 F3to 43B and 45—

  • “advertisement” and “land” have the meanings given by section 336(1) of the Town and Country Planning Act 1990 (c. 8),

  • “appropriate person” means—

    1. a

      in relation to England, the Secretary of State, and

    2. b

      in relation to Wales, the National Assembly for Wales,

  • F1 “ authorised officer ”, in relation to a local authority, means—

    1. a

      an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under section 43(1);

    2. 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

    3. c

      any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices,

  • “local authority” means an authority in England and Wales which is a litter authority for the purposes of section 88 of the Environmental Protection Act 1990 (c. 43),

  • “racial group” and “religious group” have the meanings given by section 28(4) and (5) of the Crime and Disorder Act 1998 (c. 37).

2

Section 28(2) of the Crime and Disorder Act 1998 is to apply for the purposes of section 43(2)(b)(i) as it applies for the purposes of section 28(1)(a) of that Act.

3

The appropriate person may issue guidance—

a

about the exercise of the discretion to give notices under section 43(1), and

b

about the giving of such notices.

F24

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).