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(1)Any person who in any public place is guilty, while drunk, of disorderly behaviour may be arrested without warrant by any person and shall be liable on summary conviction to a fine not exceeding £50.
(2)The foregoing subsection shall have effect instead of any corresponding provision contained in section 12 of the [1872 c. 94.] Licensing Act 1872, section 58 of the [1839 c. 47.] Metropolitan Police Act 1839, section 37 of the [1839 c. xciv.] City of London Police Act 1839, and section 29 of the [1847 c. 89.] Town Police Clauses Act 1847 (being enactments which authorise the imposition of a short term of imprisonment or of a fine not exceeding £10 or both for the corresponding offence) and instead of any corresponding provision contained in any local Act.
(3)The Secretary of State may by order repeal any provision of a local Act which appears to him to be a provision corresponding to subsection (1) of this section or to impose a liability to imprisonment for an offence of drunkenness or of being incapable while drunk.
(4)In this section " public place " includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise.
(5)An order under section 106 of this Act appointing a day for the coming into force of the foregoing provisions of this section shall not be made unless the Secretary of State is satisfied that sufficient suitable accommodation is available for the care and treatment of persons convicted of being drunk and disorderly.
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