New clause 6 - Graffiti removal notices
Anti-social Behaviour Bill
3:00 pm
Mr James Cran (Beverley and Holderness, Conservative)
With this it will be convenient to discuss the following:
New clause 7—Appeals against graffiti removal notices—
'(1) A person on whom a removal notice has been served under section 1(1)(a) above, or the owner of the structure, apparatus or plant which include a surface to which a removal notice has been
affixed under section 1(1)(b) above may appeal to a magistrates' court on any of the following grounds—
(a) that the graffiti is not detrimental to the amenity of the area and is not offensive;
(b) that there has been some informality, defect or error in, or in connection with, the removal notice;
(c) in the case of a removal notice under section 1(1)(a) above, that the notice should have been served on another person.
(2) If and in so far as an appeal under this section is based on the ground of some informality, defect or error in, or in connection with, the notice, the court shall dismiss the appeal, if it is satisfied that the informality, defect or error was not a material one.
(3) Where the grounds upon which an appeal under this Act is brought include a ground specified in subsection (1) (c) above, the appellant shall serve a copy of his notice of appeal on each other person referred to in the notice of appeal.'.
New clause 8—Removal of graffiti at request of owner—
'(1) Where there is graffiti to which this section applies in the area of a local authority on a surface to which this Act applies and the owner of the structure, apparatus or plant which include that surface requests that authority to remove or obliterate that graffiti, the authority may do so and they may recover from the said owner the expenses reasonably incurred by them in so doing.
(2) Graffiti to which this section applies includes any writing, letter, picture, device or representation, and any advertisement within the meaning of the Act of 1990, other than an advertisement for the display of which deemed or express consent has been granted under the Act of 1990 or regulations made thereunder.'.
New clause 9—Interpretation—
'(1) In this section and sections (Graffiti removal notices) (Appeals against graffiti removal notices) (Removal of graffiti at request of owner)—
''the Act of 1990'' means the Town and Country Planning Act 1990 (c.8);
''local authority'' means—
(a) in relation to England, a district council, a county council that is the council for a county in which there are no district councils, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly,
(b) in relation to Wales, a county council or a county borough council;
''road'' has the same meaning as in the Road Traffic Regulation Act 1984 (c.27).
(2) A surface to which this section and sections (Graffiti removal notices) (Appeals against graffiti notices) (Removal of graffiti at request of owner) applies is the surface of any structure, apparatus or plant situated in or on any road, where that surface is readily visible from a place to which the public has access.'.