Parliamentary.ai

Overview

This bill grants local councils in England and Wales more power to regulate street trading, particularly by pedlars. It allows for the seizure of goods and equipment if a relevant offence is suspected, with provisions for return, forfeiture, and compensation.

Description

The bill amends the existing Local Government (Miscellaneous Provisions) Act 1982. It clarifies the definition of "pedlar" to only include those trading solely through house-to-house visits. A key element is the power given to authorized officers (and constables) to seize goods, receptacles (e.g., stalls, bags), and equipment if they reasonably suspect a relevant offence (primarily, offences under Schedule 4 of the 1982 Act, such as unlicensed trading).

Seizure Procedures:

Seizure is permitted only if the items may be needed as evidence or are subject to forfeiture and are not perishable. A certificate detailing the seizure must be given to the person(s) involved. Items are typically returned after proceedings conclude, unless forfeited by a court order or if associated costs remain unpaid. If the owner cannot be identified after diligent search, the council/constable can seek a court order to determine how to deal with the seized goods.

Forfeiture and Compensation:

A court can order forfeiture of seized items if someone is convicted of a relevant offence. However, the court must consider the value of the items and their potential financial impact on both the offender and the owner. If a seizure is deemed unlawful (e.g., after 6 months with no charges filed, or following an acquittal), the affected party can sue the council (or chief constable) for compensation.

Government Spending

The bill does not directly specify government spending. However, it could lead to increased costs for local councils related to enforcement, storage of seized goods, and potential compensation payouts.

Groups Affected

• Local Councils: Increased responsibilities and potential costs related to enforcement and legal proceedings.
• Pedlars and Street Traders: Increased risk of seizure of goods and equipment if suspected of an offence. This may disproportionately impact those already operating on low margins.
• Police: Increased involvement in street trading regulation.
• Magistrates' Courts: Increased caseload dealing with forfeiture orders and compensation claims.