- Latest available (Revised)
- Point in Time (01/02/1991)
- Original (As enacted)
Version Superseded: 05/11/1993
Point in time view as at 01/02/1991.
There are currently no known outstanding effects for the Parks Regulation Act 1872.
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This Act may be cited for all purposes as “The Parks Regulation Act 1872.”
Textual Amendments
[F2Park constable] shall mean any person who, previously to the passing of this Act, has been or may hereafter be appointed [F2park constable] of a park as defined by this Act.
Textual Amendments
F2Words substituted by Parks Regulation (Amendment) Act 1974 (c. 29), Sch. para. 1
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.]
Textual Amendments
Textual Amendments
F4Ss. 4, 9, Sch. 1 repealed by Parks Regulation (Amendment) Act 1926 (c. 36), Sch. Pt. II
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, as defined in section 75 of the Criminal Justice Act 1982.]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F5S. 5 beginning "Any person" substituted (E.W.) for s. 5 beginning Any park constable" by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 6 Pt. I para. 6
Any [F21park 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 [F21park constable] has jurisdiction, and within the view of such [F21park 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 [F21park constable].
If any such offender, when required by any [F21park 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 [F22level 1 on the standard scale].
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F21Words substituted by Parks Regulation (Amendment) Act 1974 (c. 29), Sch. para. 1
F22Words “level 1 on the standard scale” substituted by virtue of (S.) Criminal Procedure (Scotland) Act 1975 (c.21, SIF 39:1), ss. , 289C, 289G
Modifications etc. (not altering text)
C1The “said regulations” means regulations made under Parks Regulation (Amendment) Act 1926 (c. 36); ibid., s. 3(3)
Where any person is convicted of an assault on any [F6park 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 [F7[F8£50]][F7level 2 on the standard scale], and in default of payment to be imprisoned, with or without hard labour for a term not exceeding six months, or to be imprisoned for any term not exceeding six months . . . F9
Textual Amendments
F6Words substituted by Parks Regulation (Amendment) Act 1974 (c. 29), Sch. para. 1
F7Words “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
F8Words 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)
F9Words 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)
Every [F10park 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 [F10park 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 district in which such park is situated; and any person so appointed a [F10park constable] as aforesaid shall obey such lawful commands as he may from time to time receive from [F11the Secretary of State] in respect of his conduct in the execution of his office.
Textual Amendments
F10Words substituted by Parks Regulation (Amendment) Act 1974 (c. 29), Sch. para. 1
F11Words 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)
Every police constable belonging to the police force of the district in which any park, . . . F12 to which this act applies is situate shall have the powers, privileges, and immunities of a [F13park constable] within such park, . . . F12
Textual Amendments
F12Words repealed by Parks Regulation (Amendment) Act 1926 (c. 36), Sch. Pt. I
F13Words substituted by Parks Regulation (Amendment) Act 1974 (c. 29), Sch. para. 1
Textual Amendments
F14Ss. 4, 9, Sch. 1 repealed by Parks Regulation (Amendment) Act 1926 (c. 36), Sch. Pt. II
Copies of regulations to be observed in pursuance of this Act by persons using a . . . F15 park to which this Act applies shall be put up in such park in such conspicuous manner as [F16the Secretary of State] may deem best calculated to give information to the persons using the park.
Textual Amendments
F15Words repealed by Parks Regulation (Amendment) Act 1926 (c. 36), Sch. Pt. I
F16Words 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)
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.
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.
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 [F17the Secretary of State], or any powers or duties of any officers, clerks, or servants, appointed by Her Majesty or by [F17the Secretary of State].
Textual Amendments
F17Words 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)
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.
Any offence against this Act may be prosecuted before a court of summary jurisdiction, as follows:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
In Scotland, the court of summary jurisdiction shall include any justice or justices of the peace, [F19sheriff principal or sheriff], police or other magistrate, proceedings before whom may be regulated by [F20Part II of the M1Criminal Procedure (Scotland) Act 1975], upon whom all jurisdictions, powers, and authorities necessary for the purposes of this Act are hereby conferred.
All offences under this Act in Scotland shall be prosecuted and all penalties recovered under the provisions of [F20Part II of the Criminal Procedure (Scotland) Act 1975], at the instance of the procurator fiscal of the court before which such proceedings are instituted.
In Scotland, all penalties under this Act, other than those herein-before provided for, in default of payment may be enforced by imprisonment for a term to be specified in the judgment or sentence of the court, but not exceeding three calendar months, and all penalties imposed and recovered under this Act shall be paid to the clerk of court, and by him accounted for and paid to the fine fund of the court in which the fine is imposed.
“Court of summary jurisdiction” shall in this Act mean and include any justice or justices of the peace, metropolitan police magistrate, stipendiary or other magistrate or officer by whatever name called, to whom jurisdiction in respect of offences arising under this Act is given by this section or any Acts therein referred to.
Textual Amendments
F18Words repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)
F19Words substituted by virtue of Sheriff Courts (Scotland) Act 1971 (c. 58), s. 4
F20Words substituted by virtue of Interpretation Act 1978 (c. 30), s. 17(2)(a) and Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460(1)(b)
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