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Police, Factories, & c. (Miscellaneous Provisions) Act 1916, Section 5 is up to date with all changes known to be in force on or before 22 September 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)[F1Each of the authorities specified in subsection (1A) below] may make regulations with respect to the places where and the conditions under which persons may be permitted in any street or public place, within [F1their] area, to collect money or sell articles for the benefit of charitable or other purposes, and any person who acts in contravention of any such regulation shall be liable on summary conviction to a fine not exceeding [F2level 1 on the standard scale] or in the case of a second or subsequent offence not exceeding [F3level 1 on the standard scale]:
(a)regulations made under this section shall not come into operation until they have been confirmed by the Secretary of State [F4or the Minister for the Cabinet Office], and published for such time and in such manner as the Secretary of State [F4or the Minister for the Cabinet Office] may direct; and
(b)regulations made under this section shall not apply to the selling of articles in any street or public place when the articles are sold in the ordinary course of trade, and for the purpose of earning a livelihood, and no representation is made by or on behalf of the seller that any part of the proceeds of sale will be devoted to any charitable purpose.
[F5(1A)The authorities referred to in subsection (1) above are—
(a)the Common Council of the City of London,
[F6(b)the Mayor's Office for Policing and Crime, and]
(c)the council of each district;
but any regulations made by a district council under that subsection shall not have effect with respect to any street or public place which is within the Metropolitan Police District as well as within the district.]
(2)This section, except subsection (3) thereof, shall apply to Ireland with the following modifications:—
(a)references to the Secretary of State [F4or the Minister for the Cabinet Office] shall be construed as references to the Lord Lieutenant; and
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
(4)In this section—
the expression “street” includes any highway and any public bridge, road, lane, footway, square, court, alley, or passage, whether a thoroughfare or not.
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