Commentary on Sections
Section 59: Determination of applications and issue of permits
220.This section builds on the provisions in section 68 of the 1992 Act. It defines the process for local authorities’ determining and issuing of permits to collect in a public place. Subsection (1) provides for the local authority within a prescribed period to issue a permit, or refuse to issue a permit on the grounds of capacity set out in section 60. Subsection (2) provides for the date(s) of collection(s). Subsection (3) enables local authorities to attach conditions to a permit. The types of conditions that local authorities can apply are limited to those within paragraphs (a) to (d) of subsection (3). Subsection (4) provides that any condition attached to a permit must be consistent with regulations made under section 63. Subsections (5) and (6) require a local authority, where it has decided to refuse or to attach any condition to a permit, to give notice of its decision to the applicant; and the notice must state that the applicant has the right of appeal to the magistrates’ court conferred by section 62.
