Overview

The Manchester City Council Act 2010 granted Manchester City Council enhanced powers to regulate street trading within the city, amending existing legislation (the Local Government (Miscellaneous Provisions) Act 1982) and providing a framework for seizing and forfeiting goods related to illegal street trading.

Description

This Act primarily focuses on improving the council's ability to control street trading. Key aspects include:

Street Trading Definition

The Act clarifies the definition of "street trading" to encompass both the sale of goods and the provision of services for gain in public spaces.

Pedlars

Specific restrictions were added for pedlars, including limitations on trading locations (minimum distances between locations and from other traders) and a requirement to display their Pedlars Act 1871 certificate. Time limits were also introduced for each trading location.

Seizure and Forfeiture

The Act details the council's power to seize goods, receptacles (containers, stalls etc), and equipment used in illegal street trading. Seizure is permitted if reasonable grounds for believing an offense has occurred exist, with specific conditions about the nature of the items seized. Seized items can be forfeited by a court upon conviction of a relevant offense.

Compensation

If a seizure is deemed unlawful, individuals with a legal interest in the seized items can claim compensation through civil action against the council.

Government Spending

The Act doesn't directly specify government spending figures. The cost of implementing and enforcing the new regulations would likely fall on Manchester City Council's budget.

Groups Affected

• Street Traders: The Act significantly impacts street traders, particularly those operating illegally. They face increased risk of seizure of their goods and equipment and potential fines or forfeiture.
• Pedlars: Pedlars face more stringent regulations regarding location and duration of trading.
• Manchester City Council: The council gains enhanced powers to regulate street trading and manage related enforcement.
• Greater Manchester Police: The police are involved in the seizure process, as constables share the power to seize goods under this Act.
• The Courts: The Act creates additional work for the courts, as they now have a role in ruling on seizures and forfeiture of goods.

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