Protection of the Environment Act 2003
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PART 4 Amendment of Act of 1997 | ||
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Amendment of section 19 of Act of 1997. |
56.—Section 19 of the Act of 1997 is amended— | |
(a) by substituting the following subsection for subsection (1): | ||
“(1) Where any structure or other land, door, gate, window, tree, pole or post is in or is visible from a public place, a person who is not the owner, occupier or person in charge thereof shall not— | ||
(a) exhibit or cause to be exhibited thereon any article or advertisement, or | ||
(b) carry out or cause to be carried out any defacement thereof by writing or other marks, | ||
unless, in either case, the person is authorised in advance to do so in writing by such owner, occupier or person in charge or by or under any enactment, and, in addition, in the case of paragraph (a), the article or advertisement— | ||
(i) if it relates to a meeting or an event, carries the name and address of the person who is promoting or arranging the meeting or event, and | ||
(ii) in any other case, carries the name and address of the person on whose behalf it is exhibited.”, | ||
(b) by substituting the following subsections for subsection (2): | ||
“(2) A person shall not place advertising material on a mechanically propelled vehicle in a public place otherwise than by securing the material by some mechanical means to the body of the vehicle. | ||
(2A) For the purposes of subsection (2)— | ||
‘body’, in relation to a mechanically propelled vehicle, does not include— | ||
(a) any windscreen wiper, wiperblade, mirror or aerial, or | ||
(b) any other part of the vehicle concerned that is not specifically designed or adapted for the purpose of securing to it the material concerned; | ||
‘mechanical means’ does not include any means relying on or involving any pressure (of whatever amount or in whatever direction) exerted by— | ||
(a) any windscreen wiper or wiperblade, or | ||
(b) any other part of the vehicle that is not specifically designed or adapted for the purpose of employing pressure in order to secure the material concerned to the body of the vehicle; | ||
‘place advertising material on a mechanically propelled vehicle’ does not include paint, emboss, inscribe or apply by any method of transfer letters, figures or images on or to the body of the vehicle or place in the interior of the vehicle any such material.”, | ||
and | ||
(c) by substituting the following subparagraph for subparagraph (ii) of subsection (7)(b): | ||
“(ii) relates to a presidential election within the meaning of the Presidential Elections Act 1993 , a general election or a bye-election, within the meaning, in each case, of the Electoral Act 1992 , a local election within the meaning of the Local Government Act 2001 , a referendum, within the meaning of the Referendum Act 1994 , an election of representatives to the European Parliament under the European Parliament Elections Act 1997 , or an election of members of Údarás na Gaeltachta under the Údarás na Gaeltachta Act 1979,”. |