Parks Regulation Act 1872

UK - Reserved: Acts

Parks Regulation Act 1872

Parks Regulation Act 1872 (1872 c. 15)

1 Short title.

This Act may be cited for all purposes as “The Parks Regulation Act 1872.”

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[F1] S. 2 repealed by Parks Regulation (Amendment) Act 1926 (c. 36), Sch. Pt. I

3 Definition of “park-keeper.”

Park constable shall mean any person who, previously to the passing of this Act, has been or may hereafter be appointed park constable of a park as defined by this Act.

[F2] Words substituted by Parks Regulation (Amendment) Act 1974 (c. 29), Sch. para. 1

3A Attestation of park constables.

[F3] S. 3A inserted by Parks Regulation (Amendment) Act 1974 (c. 29), Sch. para. 2

Every park constable shall on appointment be attested as a constable by making a declaration before a justice of the peace that he will duly execute the office of constable.

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[F4] Ss. 4, 9, Sch. 1 repealed by Parks Regulation (Amendment) Act 1926 (c. 36), Sch. Pt. II

5 Any person who—

(a) within the view of a park constable acts in contravention of any of the said regulations in the park where the park constable has jurisdiction; and

(b) when required by any park constable or by any police constable to give his name and address gives a false name or false address,

shall be liable on summary conviction to a penalty of an amount not exceeding level 1 on the standard scale, . . ..

[F6] Words in s. 5 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1, Pt. XIV Group2.

5 Park-keeper may apprehend any offender whose name or residence is not known.

Any park constable in uniform, and any persons whom he may call to his assistance, may take into custody, without a warrant, any offender who in the park where such park constable has jurisdiction, and within the view of such park constable acts in contravention of any of the said regulations, provided that the name or residence of such offender is unknown to and cannot be ascertained by such park constable.

If any such offender, when required by any park constable or by any police constable to give his name and address, gives a false name or false address, he shall, on conviction by a court of summary jurisdiction, by liable to a penalty not exceeding level 1 on the standard scale.

[F25] Words substituted by Parks Regulation (Amendment) Act 1974 (c. 29), Sch. para. 1

[F26] Words “level 1 on the standard scale” substituted by virtue of (S.) Criminal Procedure (Scotland) Act 1975 (c.21, SIF 39:1), ss. , 289C, 289G

6 Penalty on assaults on park-keeper.

Where any person is convicted of an assault on any park constable when in the execution of his duty, such person shall, on conviction by a court of summary jurisdiction, in the discretion of the court, be liable either to pay a penalty not exceeding £50level 2 on the standard scale, . . ., or to be imprisoned for any term not exceeding six months . . .

[F7] Words substituted by Parks Regulation (Amendment) Act 1974 (c. 29), Sch. para. 1

[F8] Words “level 2 on the standard scale” substituted by virtue of (E.W.) Criminal Law Act 1977 (c. 45), s. 31(5)(a)(6)(b)(9) and Criminal Justice Act 1982 (c.48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c.21, SIF 39:1), ss. 289C(4)(a)(5)(b)(8), 289G

[F9] Words substituted by virtue of (E.W.) Criminal Law Act 1977 (c. 45), s. 31(5)(a)(6)(b)(9) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 289C (4)(a)(5)(b)(8)

[F10] Words in s. 6 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.IV.

[F11] Words omitted by virtue of (E.W.) Criminal Justice Act 1948 (c. 58), s. 1(2) and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21), s. 221(2)

7 Powers, duties, and privileges of park-keeper.

Every park constable in addition to any powers and immunities specially conferred on him by this Act, shall, within the limits of the park of which he is park constable, have all such powers, privileges, and immunities, and be liable to all such duties and responsibilities, as any police constable has within the police area in which such park is situated; and any person so appointed a park constable as aforesaid shall obey such lawful commands as he may from time to time receive from the Secretary of State in respect of his conduct in the execution of his office.

[F12] Words substituted by Parks Regulation (Amendment) Act 1974 (c. 29), Sch. para. 1

[F13] Words in s. 7 substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. II para. 7

[F12] Words substituted by Parks Regulation (Amendment) Act 1974 (c. 29), Sch. para. 1

[F14] Words substituted by virtue of Minister of Works Act 1942 (c. 23), s. 1, S.I. 1962/1549, (S.) 1969/383, arts. 2,5(1), Sch. Pt. I and (E.W.) 1970/1681, arts. 2,6(3)

8 Police constables to have the same powers, &c. as park-keepers.

Every police constable belonging to the police force for the police area in which any park, . . . to which this act applies is situate shall have the powers, privileges, and immunities of a park constable within such park, . . .

[F15] Words in s. 8 substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. II para. 8

[F16] Words repealed by Parks Regulation (Amendment) Act 1926 (c. 36), Sch. Pt. I

[F17] Words substituted by Parks Regulation (Amendment) Act 1974 (c. 29), Sch. para. 1

[F16] Words repealed by Parks Regulation (Amendment) Act 1926 (c. 36), Sch. Pt. I

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[F18] Ss. 4, 9, Sch. 1 repealed by Parks Regulation (Amendment) Act 1926 (c. 36), Sch. Pt. II

10 Publication of regulations.

Copies of regulations to be observed in pursuance of this Act by persons using a . . . park to which this Act applies shall be put up in such park in such conspicuous manner as the Secretary of State may deem best calculated to give information to the persons using the park.

[F19] Words repealed by Parks Regulation (Amendment) Act 1926 (c. 36), Sch. Pt. I

[F20] Words substituted by virtue of Minister of Works Act 1942 (c. 23), s. 1, S.I. 1962/1549, (S.) 1969/383, arts. 2,5(1), Sch. Pt. I and (E.W.) 1970/1681, arts. 2,6(3)

11 Saving of certain rights.

Nothing in this Act shall authorise any interference with any rights of way or any right whatever to which any person or persons may be by law entitled.

12 Act to be cumulative.

All powers conferred by this Act shall be deemed to be in addition to and not in derogation of any powers conferred by any other Act of Parliament, and any such powers may be exercised as if this Act had not been passed.

13 Saving of the rights of the Crown.

Nothing in this Act contained shall be deemed to prejudice or affect any prerogative or right of Her Majesty, or any power, right, or duty of the Secretary of State, or any powers or duties of any officers, clerks, or servants, appointed by Her Majesty or by the Secretary of State.

[F21] Words substituted by virtue of Minister of Works Act 1942 (c. 23), s. 1, S.I. 1962/1549, (S.) 1969/383, arts. 2,5(1), Sch. Pt. I and (E.W.) 1970/1681, arts. 2,6(3)

14 Saving of metropolitan Streets Act.

Nothing in this Act contained shall affect the Metropolitan Streets Act 1867, or the application thereof to any park to which it is by law applicable.

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[F22] S. 15 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.IV .

FIRST SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23] Ss. 4, 9, Sch. 1 repealed by Parks Regulation (Amendment) Act 1926 (c. 36), Sch. Pt. II

SECOND SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24] Sch. 2 repealed by Parks Regulation (Amendment) Act 1926 (c. 36), Sch. Pt. I