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Police Reform and Social Responsibility Act 2011

Seizure powers under byelaws

Section 150: Enforcement of byelaws: powers of seizure etc

399.Section 2 of the Parks Regulation (Amendment) Act 1926 enables the Commissioner of Works to make regulations considered necessary for securing the proper management of the parks specified in section 1 of the Act, and the preservation of order and prevention of abuses therein.

400.Subsection (1) of section 150 enables powers of seizure, retention, disposal and forfeiture of property to be applied to those regulations. This power is already available in relation to park trading offences under the Royal Parks (Trading) Act 2000.

401.Section 235 of the Local Government Act 1972 enables the local district council or London borough council to make byelaws for the good rule and government of the whole or any part of the district or borough and for the prevention and suppression of nuisances.

402.Subsection (2) of section 150 enables local authorities to attach powers of seizure and retention of any property in connection with any breach of a byelaw made under that section and, upon conviction for non-compliance or contravention of any byelaw, provision for forfeiture of any such property.

403.Section 385(4)(b) of the Greater London Authority Act 1999 enables the Greater London Authority to make and enforce such byelaws as they consider necessary for securing the proper management of Parliament Square Garden and Trafalgar Square and the preservation of order and the prevention of abuses therein. There is already a power of seizure in relation to any breach of a trading byelaw under section 385(4)(b) of the 1999 Act, so subsection (3) of section 150 amends this section to ensure that the power of seizure can be used in relation to breach of any byelaw.

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