Clause 73

by deleting subsections (3), (4) and (4A) and substituting the following subsections:“(3) If any article or thing is deposited or left on any public street, five‑footway or private footway in contravention of subsection (1), an authorised officer may move that article or thing, or cause it to be so removed, so that it is no longer an obstruction or inconvenience to the passage of the public on the public street, five‑footway or private footway.(3A) An authorised officer must not exercise a power under subsection (3) unless the officer has taken reasonable steps to inform the following persons (if known), whoever is relevant, of the officer’s intention to exercise that power, and allowed or directed the person to move the article or thing:

the owner of the article or thing;

the person who caused the article or thing to be deposited or to remain on the public street, five‑footway or private footway;

the owner or occupier of any land or building fronting, adjoining or abutting on the public street, five‑footway or private footway.(4) For the purpose of exercising a power under subsection (3), an authorised officer may, with such assistance as the officer considers necessary —

move the article or thing by any reasonable means (including by towing it) to store at a place of safety; and

use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to the article or thing.(4A) A person must remove any article or thing where allowed or directed to do so by an authorised officer under subsection (3A).(4B) A person who, without reasonable excuse, fails to comply with subsection (4A) shall be guilty of an offence.”;

by deleting the words “subsection (4)(b), the Authority may recover any costs reasonably incurred by it in connection with such removal” in subsection (5) and substituting the words “subsection (3), the Authority may recover any costs reasonably incurred by it in connection with such removal and the storage of the article or thing by the Authority,”;

by deleting the words “subsection (4)(b)” in subsection (6) and substituting the words “subsection (3)”;

by inserting, immediately after the words “owner of the article or thing” in subsection (6), the words “(if known)”;

by deleting the words “carrying out the provisions of” in subsection (8) and substituting the words “removing, storing and disposing of the article or thing under”;

by deleting the words “a notice referred to in subsection (3) may be served” in subsection (9) and substituting the words “information required under subsection (3A) may be given”;

by deleting the words “or (4)(a)” in subsection (11) and substituting the words “or (4B)”;

by inserting, immediately after the words “any employee of the Authority” in subsection (12), the words “, any outsourced enforcement officer”; and

by deleting the words “that is a footpath or shared path” in subsection (13).