Parks Regulation (Amendment) Act 1926

1 Application. E+W+S

The M1 Parks Regulation Act 1872 (hereinafter referred to as the principal Act), shall apply to all parks, gardens, recreation grounds, open spaces and other land for the time being vested in, or under the control or management of, the Commissioners of Works, and accordingly in that Act the expression “park” shall include all such parks, gardens, recreation grounds, open spaces and land as aforesaid:

. . . F1

Textual Amendments

F1 Proviso repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI

Modifications etc. (not altering text)

C1 S. 1 extended by Crown Estate Act 1961 (c. 55), s. 7(5)

Marginal Citations

M1 1872 c. 15.

2 Power to make regulations. E+W+S

(1) Subject to the provisions of this Act, the Commissioners of Works may make such regulations to be observed by persons using any park to which the principal Act applies, as they consider necessary for securing the proper management of the park, and the preservation of order and prevention of abuses therein, and if any person fails to comply with, or acts in contravention of, any regulations so made, he shall be guilty of an offence against the principal Act and shall be liable on conviction thereof by a court of summary jurisdiction to a penalty not exceeding [F2 level 1 on the standard scale].

[F3 (1A) Regulations under subsection (1) may include provision applying (with any necessary modifications) sections 4 to 6 of the Royal Parks (Trading) Act 2000 (seizure, retention, disposal and forfeiture of property) in relation to offences under that subsection that are not park trading offences for the purposes of that Act.]

(2) Before any regulation made under this Act comes into operation, a draft thereof shall be laid before each House of Parliament for a period of not less than twenty-one days on which that House has sat, and if either House before the expiration of that period presents an Address to His Majesty against the draft or any part thereof, no further proceedings shall be taken thereon, but without prejudice to the making of any new draft regulation.

(3) As from and after the date upon which regulations made under this Act come into operation as respects any park, all references in the principal Act to regulations shall, as respects that park, be construed as references to regulations made under this Act.

(4) The M2 Documentary Evidence Act 1868, as amended by the M3 Documentary Evidence Act 1882, shall apply to the Commissioners of Works as though the Commissioners were included in the first column of the Schedule to the first-mentioned Act, and any Commissioner or the Secretary, or any person authorised to act on behalf of the Secretary, were mentioned in the second column of that Schedule, and as if the regulations referred to in those Acts included any regulations made under this Act.

Textual Amendments

F2 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F 289G

F3 S. 2(1A) inserted (E.W.) (19.12.2011) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 150(1), 157(1); S.I. 2011/2834, art. 2(j)

Modifications etc. (not altering text)

C2 S. 2 extended by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 62

C3 S. 2 modified (E.W.)(20.7.2000) by 2000 c. 13, ss. 1, 2

C4 S. 2 applied (E.W.) (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 162(2), 178(8); S.I. 2005/1521, art. 3(1)(z)

Marginal Citations

M2 1868 c. 37.

M3 1882 c. 9.

3 Application to Royal Botanic Gardens, Kew. E+W+S

Whereas under section four of the M4 Board of Agriculture Act 1889 the powers and duties of the Commissioners of Works under the principal Act have, as respects the Royal Botanic Gardens, Kew, been transferred to the Minister of Agriculture and Fisheries:

Now, therefore, this Act shall apply to the Royal Botanic Gardens, Kew, as if references to [F4 the Minister of Agriculture, Fisheries and Food] were therein substituted for references to the Commissioners of Works.

Textual Amendments

F4 Words substituted by virtue of S.I. 1955/554 (1955I, p. 1200), art. 3(1)

Modifications etc. (not altering text)

C5 S. 3 extended by Agriculture (Miscellaneous Provisions) Act 1968 (c. 34), s. 48

Marginal Citations

M4 1889 c. 30.

4 Short title, citation, extent, construction and repeal. E+W+S

(1) This Act may be cited as the Parks Regulation (Amendment) Act 1926 and the principal Act and this Act may be cited together as the Parks Regulation Acts 1872 and 1926.

(2) This Act shall not extend to Northern Ireland.

(3) Except where the context otherwise requires, references in this Act to the principal Act shall be construed as references to that Act as amended by this Act, and this Act shall be construed as one with the principal Act.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments

F5 S. 4(4), Sch. repealed by Statute Law Revision Act 1950 (c. 6)