London Local Authorities Act 1991

Part IV Miscellaneous

22 Distribution containers

(1) Without prejudice to the provisions of sections 143 and 149 of the [1980 c. 66.] Highways Act 1980 (which relate to the removal of structures erected or things deposited on a highway) if a borough council consider that for the good management of a highway or for the purpose of performing any of their functions a distribution container which has been deposited on the highway ought to be removed or repositioned, they may—

(a) require the owner of the container to remove or reposition it; or

(b) themselves remove or reposition the container or cause it to be removed or repositioned.

(2) Where a borough council remove or reposition a distribution container under subsection (1) above they shall, where practicable, notify the owner, but if the owner cannot be traced, or if within the period specified in any such notice (not being less than one month from the date of the notice) he has not recovered the container, they may dispose of the container and its contents.

(3) Where a borough council acting under this section—

(a) exercise powers in relation to a container other than the power of disposal, they may recover their expenses in so doing (including any storage expenses) as if they were expenses recoverable under section 149 (3) (a) of the [1980 c. 66.] Highways Act 1980;

(b) exercise their powers in relation to a container including the power of disposal, they may recover their expenses in so doing (including any storage expenses) as if they were expenses recoverable under section 149 (4) or, where material, (5) of the said Act in a case where an order authorising removal and disposal of the container has been made on a complaint by them under the said section 149 (4);

and in a case falling within paragraph (b) above where they recover their expenses in the manner provided by the said section 149 (4) they shall apply any balance of the proceeds of disposal in the manner so provided.

(4) In this section “distribution container” means any unattended container deposited in the highway for the free distribution of its contents to, or collection of its contents by, the public.

23 Audible intruder alarms

(1) As from the appointed day in a borough—

(a) the owner or occupier of premises in the borough who installs an audible intruder alarm for use on or in those premises, shall—

(i) ensure that the alarm is fitted with a device as specified in subsection (3) below;

(ii) notify the police of the names and addresses of nominated key-holders;

(iii) within 48 hours of the installation of the audible intruder alarm notify the council of the installation; and

(iv) inform the council of the address of the police station to which notification has been given under paragraph (ii) above.

(b) a person who becomes the owner or occupier of premises in the borough in which there is installed an audible intruder alarm for use on or in those premises, shall not permit the operation of the alarm unless—

(i) it is fitted with a device as specified in subsection (3) below;

(ii) he has notified the police of the names and addresses of nominated key-holders; and

(iii) he has informed the council of the address of the police station to which notification has been given under paragraph (ii) above.

(2) As from the second appointed day in a borough, the occupier of premises on or in which an audible intruder alarm has been installed shall not permit the operation of the alarm—

(a) unless it is fitted with a device as specified in subsection (3) below; and

(b) unless the police have been notified of the names and addresses of nominated key-holders.

(3) A device required by subsections (1) and (2) above is a device of such specifications as the council may reasonably determine to prevent the alarm operating audibly to persons living or working near the premises for more than 20 minutes after it is activated.

(4) Where one of the nominated key-holders whose names and addresses were notified to the police under subsection (1) or (2) above or this subsection ceases to hold keys sufficient to obtain access to the premises, the occupier shall notify the police of the name and address of another nominated key-holder.

(5) The requirement to notify the police under this section shall be satisfied if notice in writing is given to the police at any local police station in the borough.

(6) A person who without reasonable excuse contravenes subsection (1), (2) or (4) above shall be guilty of an offence and liable on summary conviction in the case of a contravention of subsection (1) (a) (i) or (2) (a), to a fine not exceeding level 5 on the standard scale, in the case of a contravention of subsection (1) (b) (i), to a fine not exceeding level 4 on the standard scale and in any other case to a fine not exceeding level 2 on the standard scale.

(7) If it is shown to the satisfaction of a justice of the peace in respect of premises in a borough—

(a) that an audible intruder alarm is operating more than one hour after it was activated; and

(b) that steps have been taken to obtain access to the premises with the assistance of the persons whose names and addresses have been notified under subsection (1), (2) or (4) above and access has not been obtained, or that no such persons have been notified under those subsections; and

(c) that the operation of the audible intruder alarm is causing annoyance to persons living or working near the premises;the justice may by warrant authorise an authorised officer to enter the premises if need be by force and taking with him such other persons and such equipment as may be necessary to de-activate the alarm.

(8) An authorised officer shall not enter premises under this section unless he is accompanied by a constable.

(9) An authorised officer who enters premises under this section shall not cause more than the minimum amount of damage and disturbance necessary to effect an entry and to de-activate the alarm.

(10) An authorised officer who has de-activated an alarm under this section shall—

(a) if reasonably practicable, re-set the alarm; and

(b) leave the premises in other respects, so far as reasonably practicable, as effectively secured against trespassers as he found them.

(11) A warrant issued in pursuance of this section shall continue in force until the purpose for which the entry is required has been satisfied.

(12) In this section, where premises comprise a building which is being erected, constructed, altered, improved, maintained, cleaned or repaired, the occupier does not include a person whose occupancy is in connection with the erection, construction, alteration, improvement, maintenance, cleaning or repair and whose occupancy is by virtue of a licence for less than four weeks.

(13) Nothing in this section applies to an audible intruder alarm installed in a motor vehicle.

(14) In this section the second appointed day in any borough shall not be less than six months after the day appointed by the council of that borough under subsection (1) above.

(15) In this section “nominated key-holders” means either—

(a) two persons, other than the occupier, who hold keys sufficient to obtain access to the premises in question; or

(b) a company whose business consists of or includes the service of holding keys for the occupiers of premises, which is available to be contacted at any time and which holds keys sufficient to obtain access to the premises in question.

24 Scaffolding licences

(1) Without prejudice to the generality of subsection (1) of section 169 of the [1980 c. 66.] Highways Act 1980 (which provides for licensing of scaffolding on or over highways), where a highway authority (being a borough council) grant a licence under that section they may include among the terms contained in the licence requirements to take such measures as may be therein specified—

(a) to prevent unauthorised persons from having access to the scaffolding or climbing it; and

(b) to protect the security of the building in respect of which the scaffolding is required, or any adjacent building.

(2) A breach of a condition under this section shall not affect liability in civil proceedings.