'(1) This section applies where a local authority is satisfied—
(2) The authority may serve a notice (a "graffiti removal notice") upon any person who is responsible for the surface imposing the requirement mentioned in subsection (3).
(3) That requirement is a requirement that the defacement be removed, cleared or otherwise remedied within a period specified in the notice being not less than 28 days beginning with the day on which the notice is served.
(4) If the requirement mentioned in subsection (3) is not complied with, the authority or any person authorised by the authority may remove, clear or otherwise remedy the defacement.
(5) In exercising the power under subsection (4) the authority or any person authorised by the authority may enter any land to the extent reasonably necessary for that purpose.
(6) Subject to subsection (7), section 160 of the Environmental Protection Act 1990 (c. 43) has effect in relation to graffiti removal notices as if they were notices within subsection (2) of that section.
(7) Where after reasonable enquiry a local authority is unable to ascertain the name or proper address of any person who is responsible for a relevant surface, the authority may—
and that notice shall be treated as having been served upon a person responsible for the surface.
(8) In this section a "relevant surface" is any of the following surfaces, whether internal or external or open to the air or not—
(9) But a surface is not a relevant surface unless—
(10) A person is responsible for a relevant surface if—
(11) In this section and in section (Exemption from liability in relation to graffiti removal notices)—
"educational institution" has the meaning given by section 98(2) of the Environmental Protection Act 1990 (c. 43),
"graffiti" includes painting, writing, soiling, marking or other defacing by whatever means,
"local authority" means an authority in England and Wales which is a litter authority for the purposes of section 88 of the Environmental Protection Act 1990 (c. 43),
"proper address" is to be read in accordance with section 160(4) of the Environmental Protection Act 1990 (c. 43),
"public land" means land to which the public are entitled or permitted to have access with or without payment (including any street to which the public are so entitled or permitted),
"statutory undertaker" has the meaning given by section 98(6) of the Environmental Protection Act 1990 (c. 43),
"street" has the meaning given by section 48(1) of the New Roads and Street Works Act 1991 (c.22).'. [Mr. Heppell.]
Brought up, read the First and Second time, and added to the Bill.