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(This note is not part of the Order)
This Order enables the Secretary of State to authorise another person (or that person’s employees) to perform the functions set out in article 2. The functions are currently performed by the Secretary of State for Culture, Media and Sport. Article 1(b) explains that the Order extends to England and Wales.
The functions are defined in article 2 as the functions referred to in the provisions listed in sub-paragraphs (a) to (l). These are all now vested in the Secretary of State.
The function referred to in sub-paragraph (a) is the management under section 22 of the Crown Lands Act 1851 (14 & 15 Vict c.42) of the Royal Parks listed in that sub-paragraph. The function referred to in sub-paragraph (b) is the management of parts of Regent’s Park under section 23 of the Crown Lands Act 1851. That function is vested in the Secretary of State by virtue of the Regent’s Park (Transfer of Powers of Management) Order 1979. Sub-paragraph (c) refers to the functions of managing Brompton Cemetery under sections 45 and 48 of the Burial Act 1852 (15 & 16 Vict c.85). Sub-paragraph (d) refers to the function of displaying park regulations under section 10 of the Parks Regulation Act 1872 (35 & 36 Vict c.15).
The function referred to in sub-paragraph (e) is of managing Grosvenor Square and maintaining the statue there of Franklin Delano Roosevelt under section 1 of the Roosevelt Memorial Act 1946 (9 & 10 Geo 6 c.83). The function sub-paragraph (f) refers to is of managing some land that became part of Hyde Park pursuant to section 17(1) of the Park Lane Improvement Act 1958 (6 & 7 Eliz 2 c.63). Sub-paragraph (g) refers to functions under sections 7(1) to (3) of the Crown Estate Act 1961 (c.55) relating to the management of land in Regent’s Park occupied by the Zoological Society of London, and the leasing of land to that body.
Sub-paragraph (h) refers to the Secretary of State’s functions under section 5 of the Royal Parks (Trading) Act 2000 (c.13) of retaining and disposing of items relating to park trading offences that are seized under section 4 of that Act. Regulation 3C of the Royal Parks and Other Open Spaces Regulations 1997 (S.I. 1997/1639) applies sections 4 to 6 of the Royal Parks (Trading) Act 2000 in relation to an offence arising from contravention of regulation 3A(7) of those Regulations as if it was a park trading offence under the Royal Parks (Trading) Act 2000. As a result, the function referred to in sub-paragraph (g) also incorporates the retention and disposal of items seized in relation to an offence arising from contravention of regulation 3A(7) of the Royal Parks and Other Open Spaces Regulations 1997.
Sub-paragraph (i) refers to functions of the Secretary of State as “responsible authority” under section 147 of the Police Reform and Social Responsibility Act 2011 (c.13) for authorising the use of amplified noise equipment in Victoria Tower Gardens and the garden surrounding the Jewel Tower and on the lawn surrounding the King George V Memorial.
Sub-paragraph (j) refers to functions under the Royal Parks and Other Open Spaces Regulations 1997 (S.I. 1997/1639), in relation to the land listed in Schedule 1 to those regulations, but not The Natural History Museum Gardens; Hampton Court Gardens, Green and Park; and Tower Gardens. Those functions are of giving permissions and licences, exhibiting notices, and designating and marking land uses, relating to behaviour on the land.
The functions referred to in sub-paragraphs (k) and (l) are of exhibiting notices, appointing parking places, issuing permits, authorising persons to dispense tickets, and receiving or authorising the receipt of excess charges, relating to vehicle parking, under the Hyde Park and The Regent’s Park (Vehicle Parking) Regulations 1995 (S.I. 1995/993) and the Greenwich Park (Vehicle Parking) Regulations 2000 (S.I. 2000/934).
Article 3 provides that the Secretary of State may authorise the contracting out of the functions referred to in article 2 either wholly, generally and unconditionally or to a more limited degree.
An impact assessment has not been prepared for this instrument as no as no impact on the costs of business or the voluntary sector is foreseen. An Explanatory Memorandum has been prepared and is available alongside this instrument at www.legislation.gov.uk.
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