Clause 15

by deleting subsections (1) and (2) and substituting the following subsections:“(1) Every Town Council must have by‑laws for the purpose of the management, administration, control, use or enjoyment of the common property of the residential and commercial property in the housing estates of the Board within the Town for the benefit of the residents of those estates.(1A) With effect from the date of commencement of section 15(a) of the Town Councils (Amendment) Act 2017, the by‑laws in force for every Town Council are the model by‑laws prescribed by rules under section 57 for the purpose in subsection (1), subject to any additional by‑laws, or change to the model by‑laws, made by the Town Council under subsection (1C).(1B) The model by‑laws prescribed by rules under section 57 for the purpose in subsection (1) are deemed made by every Town Council.(1C) A Town Council for a Town may make additional by‑laws or change any model by‑laws for the purpose in subsection (1), including all or any of the following:

restricting or prohibiting behaviour or activities on any common property;

restricting or prohibiting parking of vehicles on any common property;

other details of any common property of which the use is restricted;

waste disposal;

safety and security measures,but any additional by‑law or change so made must not be inconsistent with the model by‑laws.(2) In addition, a Town Council for a Town may make by‑laws, and from time to time change by‑laws, for or in respect of all or any of the following matters:

prescribing the particular by‑laws made for the purpose in subsection (1) (including a model by‑law) breach of which is a compoundable offence;

prescribing rates or amounts of conservancy and service charges in respect of every flat in any residential or commercial property, and every stall in any market or food centre of the Board, within the Town;

prescribing the administrative fee to be paid by any person in respect of any services provided by the Town Council or any debt due to the Town Council;

prescribing the penalty (such penalty, if unpaid, to constitute a debt due to the Town Council and be recoverable as such) to be paid by the Town Council’s licensees or by any owner or tenant of any flat leased from the Board for late payment of any conservancy and service charges or licence fee due to the Town Council;

requiring deposits to be placed with the Town Council by any owner or tenant of any flat leased from the Board to secure the payment of conservancy and service charges.”;

by inserting, immediately after the words “made by that Town Council” in subsection (3)(a) and (b), the words “for the purpose in subsection (1)”;

by deleting the words “by‑law or amendment of or addition to or revocation of or substitution for any by‑law made” in subsection (4) and substituting the words “additional by‑law or change to the model by‑laws made under subsection (1C), and every by‑law made or changed under subsection (2),”;

by deleting the words “by‑law or amendment of or addition to or revocation of or substitution for any by‑law of” in subsection (6) and substituting the words “additional by‑law or change to the model by‑laws made under subsection (1C), and every by‑law made or changed under subsection (2), by”;

by deleting the words “by‑law made by a Town Council” in subsection (7) and substituting the words “additional by‑law or change to the model by‑laws made by a Town Council under subsection (1C)”;

by inserting, immediately after the words “made by a Town Council or makes default in complying with any of the by‑laws” in subsection (9), the words “made by a Town Council for the purpose in subsection (1) or makes default in complying with any of those by‑laws”; and

by deleting subsection (10) and substituting the following subsection:“(10) In this section —

“flat” includes any stall in any market or food centre of the Board; and

“change”, in relation to by‑laws, means amend or revoke the by‑laws or add to the by‑laws.”.