Part 6 E+WThe environment

Penalty notices for graffiti and fly-posting E+W

47 Interpretation etc E+W

(1) In this section and sections 43 [F1 to 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—

  (a)

  in relation to England, the Secretary of State, and

  (b)

  in relation to Wales, the National Assembly for Wales,

• [F2 “ authorised officer ”, in relation to a local authority, means—

  (a)

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

  (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

  (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.

[F3 (4) 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).]

Textual Amendments

F1 Words in s. 47(1) inserted (6.3.2007 for E., 18.1.2008 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 108(1)(2), Sch. 4 para. 15; S.I. 2007/390, art. 2(b); S.I. 2007/3371, art. 2(a)

F2 Words in s. 47(1) substituted (16.3.2006 for W. for specified purposes, 6.4.2006 for E. and 15.3.2007 for W. in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 30(1), 108(1), 108(2)(d); S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(3), Sch. 2; S.I. 2006/2797, art. 4(o)

F3 S. 47(4) inserted (14.3.2006 for E., 16.3.2006 for W. for specified purposes and 15.3.2007 for W. in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 30(2), 108(1)(2)(d); S.I. 2006/795, art. 2(1), Sch. 1; S.I. 2006/768, art. 3; S.I. 2006/2797, art. 4(o)

Commencement Information

I1 S. 47 in force at 31.3.2004 for W. by S.I. 2004/999, art. 2(g)

I2 S. 47 in force at 31.3.2004 for E. by S.I. 2004/690, art. 3(g)