10.Subsection (1 ) expands the scope of the power to make regulations under section 2(1 ) of the 1926 Act so as to permit the Commissioners of Works (now the Secretary of State for Culture, Media and Sport) to designate particular provisions of such regulations as "park trading regulations".
11.Subsection (2) provides that a failure to comply with, or a contravention of, a park trading regulation is a "park trading offence" for the purposes of the Bill.
12.Section 2 provides that in the case of park trading offences, the maximum penalty under section 2(1 ) of the 1926 Act (failure to comply with, or contravention of, regulations made under section 2(1)) shall be a penalty not exceeding level 3 on the standard scale (at present £1,000).
13.In a case where a park trading offence is committed by a body corporate, and a director, manager, secretary etc., or any person purporting to act in such capacity, is proved to have consented to, connived at or caused by neglect the commission of, the offence, that person will be guilty of the offence as well as the body corporate.
14.This section creates the power of seizure exercisable by a park constable.
15.Subsection (1) requires that a park constable must reasonably suspect that a person has committed a park trading offence before the power of seizure is exercisable. Subsection (2) adds that a constable may only exercise such a power in the park in which he has jurisdiction.
16.If the above conditions are met, subsection (1) gives a park constable the discretion to seize anything which the person has in his possession or under his control and which the constable reasonably believes to have been used in the commission of a park trading offence.
17.The scope of the seizure power only extends to things of a non-perishable nature.
18.Subsection (1) allows the Secretary of State to retain anything seized pursuant to clause 4 until the end of the period of 28 days beginning with the date of the seizure.
19.Subsections (2) and (3) specify the circumstances in which the Secretary of State may retain seized things beyond the 28 day period. This may only occur if proceedings for a park trading offence have been commenced against the person from whom the things were seized, in respect of his activities at the time of the seizure. If such proceedings have not been commenced within the 28 day period, the power of retention no longer applies. If proceedings have been commenced within 28 days, the Secretary of State may retain the things seized until the conclusion of the proceedings (including any appeal). Further, in the event that the court makes an award of costs to be paid by the accused to the Secretary of State, the Secretary of State may retain the items until those costs have been paid. These powers of retention are subject to any order for forfeiture of the things seized made under clause 6.
20.Subsection (5) provides that if the award of costs in the Secretary of State's favour is not paid in full within a further 28 days following the conclusion of court proceedings (including any appeal), the Secretary of State may sell the things at the best price that can reasonably be obtained to pay such costs and should pay any balance to the former owner.
21.Subsection (6) provides that things seized must be returned to their owner(s) if the Secretary of State ceases to be entitled to retain them, subject to any order for forfeiture that might be made under clause 6.
22.Subsection (7) sets out the procedure to be followed in the event that the owner cannot be identified.
23.This section applies when a person has been convicted of a park trading offence. In accordance with subsections (1) and (2), the court by which he was convicted may order forfeiture of anything which was seized under section 4, is being retained by the Secretary of State under clause 5, and which the court believes to have been used in the commission of the offence. Before making such an order the court is required by subsection (3)(a) to permit anyone who claims to be its owner or to have an interest in it to make representations. The court must also consider the value of the thing in question and the likely consequences of forfeiture: subsection (3)(b).