PART 2

Public Health and the Environment

Advertising

Advertising: measures to be taken on surfaces
11
1
If a borough council has reason to believe that there is a persistent problem with the display of unauthorised advertisements on a relevant surface, the council may serve a notice under subsection (3) below on the owner or occupier of the land in or on which the relevant surface is situated.
2
If after reasonable enquiry the council have been unable to ascertain the name and address of the owner or occupier, they may affix a notice to the relevant surface.
3
A notice under this subsection is a notice requiring, within such reasonable time (not being less than 28 days) as may be specified in the notice, the owner or occupier of the land in or on which the relevant surface is situated to carry out such reasonable measures as may be required by the council to prevent or reduce the frequency of the display of unauthorised advertisements on the relevant surface.
4
The sections of the Public Health Act 1936 (c. 49) mentioned in Schedule 1 to this Act shall have effect as if references therein to that Act included references to this section.
5
This section shall have effect as if it were an Act or order to which section 42 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) (which makes provision for certain local Acts and orders to be subject to the planning enactments) applies.
6
The period within which an owner or occupier must comply with the requirements of a notice under subsection (3) above may be extended with the agreement of the council.
7
No council shall exercise their powers under this section until a code of practice dealing with the exercise of those powers has been published by a joint committee, and a council shall have regard to the code of practice when exercising those powers.
8
In preparing a code of practice to be published under subsection (7) above, the joint committee shall consult—
a
persons appearing to them to be representative of interests likely to be substantially affected by the exercise of powers under this section; and
b
such other persons as they consider appropriate.
9
A council may not recover their expenses under section 290(6) of the Public Health Act 1936 (provisions as to appeals against, and the enforcement of, notices requiring execution of works) in respect of a relevant surface, if the relevant surface—
a
forms part of a flat or a dwellinghouse; or
b
is within the curtilage or forms part of the boundary of the curtilage of a dwellinghouse.
10
In this section and section 12 (railway undertakers: provision for purposes of section 11) of this Act—
- “joint committee” means any joint committee established under section 101(5) of the Local Government Act 1972 (c. 70) and comprising at least one member from each borough council;
- “premises” means building, wall, fence or other structure or erection;
- “relevant surface” means the surface of any premises, apparatus or plant;
- “unauthorised advertisements” means advertisements in respect of which advertising offences are committed.