1 Short title.

This Act may be cited for all purposes as “The Parks Regulation Act 1872.

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

3 Definition of “park-keeper.”

F2Park constable shall mean any person who, previously to the passing of this Act, has been or may hereafter be appointed F2park constable of a park as defined by this Act.

3AF3 Attestation of park constables.

Every park constable shall on appointment be attested as a constable by making a declaration before a justice of the peace that he will duly execute the office of constable.

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

F11E25

Any person who—

a

within the view of a park constable acts in contravention of any of the said regulations in the park where the park constable has jurisdiction; and

b

when required by any park constable or by any police constable to give his name and address gives a false name or false address,

shall be liable on summary conviction to a penalty of an amount not exceeding level 1 on the standard scale, as defined in section 75 of the Criminal Justice Act 1982.

E15 Park-keeper may apprehend any offender whose name or residence is not known. C1

Any F5park constable in uniform, and any persons whom he may call to his assistance, may take into custody, without a warrant, any offender who in the park where such F5park constable has jurisdiction, and within the view of such F5park constable acts in contravention of any of the said regulations, provided that the name or residence of such offender is unknown to and cannot be ascertained by such F5park constable.

If any such offender, when required by any F5park constable or by any police constable to give his name and address, gives a false name or false address, he shall, on conviction by a court of summary jurisdiction, by liable to a penalty not exceeding F6level 1 on the standard scale.

6 Penalty on assaults on park-keeper.

Where any person is convicted of an assault on any F12park constable when in the execution of his duty, such person shall, on conviction by a court of summary jurisdiction, in the discretion of the court, be liable either to pay a penalty not exceeding F13F14£50F13level 2 on the standard scale, and in default of payment to be imprisoned, with or without hard labour for a term not exceeding six months, or to be imprisoned for any term not exceeding six months . . . F15

7 Powers, duties, and privileges of park-keeper.

Every F16park constable in addition to any powers and immunities specially conferred on him by this Act, shall, within the limits of the park of which he is F16park constable, have all such powers, privileges, and immunities, and be liable to all such duties and responsibilities, as any police constable has within the police district in which such park is situated; and any person so appointed a F16park constable as aforesaid shall obey such lawful commands as he may from time to time receive from F17the Secretary of State in respect of his conduct in the execution of his office.

8 Police constables to have the same powers, &c. as park-keepers.

Every police constable belonging to the police force of the district in which any park, . . . F18 to which this act applies is situate shall have the powers, privileges, and immunities of a F19park constable within such park, . . . F18

9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

10 Publication of regulations.

Copies of regulations to be observed in pursuance of this Act by persons using a . . . F8 park to which this Act applies shall be put up in such park in such conspicuous manner as F9the Secretary of State may deem best calculated to give information to the persons using the park.

11 Saving of certain rights.

Nothing in this Act shall authorise any interference with any rights of way or any right whatever to which any person or persons may be by law entitled.

12 Act to be cumulative.

All powers conferred by this Act shall be deemed to be in addition to and not in derogation of any powers conferred by any other Act of Parliament, and any such powers may be exercised as if this Act had not been passed.

13 Saving of the rights of the Crown.

Nothing in this Act contained shall be deemed to prejudice or affect any prerogative or right of Her Majesty, or any power, right, or duty of F10the Secretary of State, or any powers or duties of any officers, clerks, or servants, appointed by Her Majesty or by F10the Secretary of State.

14 Saving of metropolitan Streets Act.

Nothing in this Act contained shall affect the Metropolitan Streets Act 1867, or the application thereof to any park to which it is by law applicable.

15 Summary proceedings for offences.

Any offence against this Act may be prosecuted before a court of summary jurisdiction, as follows:

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

  • In Scotland, the court of summary jurisdiction shall include any justice or justices of the peace, F21sheriff principal or sheriff, police or other magistrate, proceedings before whom may be regulated by F22Part II of the M1Criminal Procedure (Scotland) Act 1975, upon whom all jurisdictions, powers, and authorities necessary for the purposes of this Act are hereby conferred.

  • All offences under this Act in Scotland shall be prosecuted and all penalties recovered under the provisions of F22Part II of the Criminal Procedure (Scotland) Act 1975, at the instance of the procurator fiscal of the court before which such proceedings are instituted.

  • In Scotland, all penalties under this Act, other than those herein-before provided for, in default of payment may be enforced by imprisonment for a term to be specified in the judgment or sentence of the court, but not exceeding three calendar months, and all penalties imposed and recovered under this Act shall be paid to the clerk of court, and by him accounted for and paid to the fine fund of the court in which the fine is imposed.

  • “Court of summary jurisdiction” shall in this Act mean and include any justice or justices of the peace, metropolitan police magistrate, stipendiary or other magistrate or officer by whatever name called, to whom jurisdiction in respect of offences arising under this Act is given by this section or any Acts therein referred to.