"INTERNET LAW BOOK REVIEWS" PROVIDED BY - Rob Jerrard LLB LLM (London)

Shaw and Sons 2009 NOW Sweet & Maxwell
The Parish Councillor's Guide
Edition: 20th Edition
Format: Paperback
Author: Paul Clayden
ISBN: 9780721905181
Publishers: Shaw & Sons
Price: £15.95
Publication Date: Nov 2009
 
Publisher's Title Information
 

Since 1922, The Parish Councillor's Guide has been the foremost source of information on the law and practice of parish, town and community councils. This book has now been updated to an nineteenth edition, compiled once again by renowned local government expert Paul Clayden, and incorporates a plethora of important changes implemented in the law since the previous edition was published.
 
In addition to its comprehensive coverage of all traditional aspects of local council administration, this edition includes explanations of such developments as the new provisions relating to reviews of parishes, with the power to create parishes in Greater London; the extension to some parish councils of the power to promote well-being; the removal of local councils from the ambit of the best value legislation; new codes of conduct for councillors in both England and Wales; new regulations on allowances for community councillors in Wales; new election rules; revised accounting guidance and practice; and the coming into force of much of the Commons Act 2006.
 
Topics are listed alphabetically, with extensive cross-referencing. The reader is assisted through the complications of the law while avoiding over-technical language and providing practical comments where possible.
 
New and experienced councillors alike will find this book invaluable and, in fact, many clerks insist that all their members have a copy to ensure they have a full understanding of their duties and responsibilities. It is also an essential reference for clerks themselves.
 

Previous Review
 
...worth its weight in gold - in that it sets out to meet the queries of councillors and their clerks.
Clerks & Councils Direct
 

Preface To The Twentieth Edition
 
For over 80 years The Parish Councillor's Guide, under a series of editors, has attempted to meet the queries of generations of parish councillors and their clerks.
 
Although it is less than three years since the previous edition, some important changes in the law have taken place. These include: new provisions relating to reviews of parishes in
England in the Local Government and Public Involvement in Health Act 2007, with the power to create parishes in Greater London; the extension to some parish councils of the power to promote well-being enacted by the Local Government Act 2000; the removal of local councils from the ambit of the bestvalue legislation (also in the L.G.P. I.H.A. 2007); new codes of conduct for councillors in both England and Wales; new regulations on allowances for community councillors in Wales; new election rules; revised accounting guidance and practice; and the coming into force of much of the Commons Act 2006. There have also been many detailed changes in regulations and orders made by statutory instrument.
 
Parish councils are some of the great survivors among our governmental institutions. They were the only councils not abolished by the Local Government Act 1972, albeit reconstituted as community councils in Wales, and have now been in existence for more than 111 years. Long may they prosper as an admirable example of the benefits to our governmental system of local decision-making by elected representatives of the people.
 
Paul Clayden


Gambling and Gaming Licensing - A Practical Guide
Edition: 1st
Format: Paperback
Author: Roger Butterfield
ISBN: 978 0 7219 1720 7
Publishers: Shaw & Sons Ltd
Price: £24.95 post free in UK direct from the Publishers
Publication Date: June 2008
 

Publisher's Title Information
 
The Gambling Act 2005, which came into effect in late 2007, has brought about the biggest change in the law relating to gaming and betting for nearly 40 years. The changes affect casinos, betting shops, bingo halls, amusement arcades, pubs and clubs with gaming machines, and small lotteries.
This important new book provides a practical explanation of the legislation to help people understand the changes to the law, what licences are needed for what activities, how applications have to be made and who will issue them.
The text explains the purpose of the legislation, how to apply for operating licences, personal licences and premises licences, the conditions attached to licences, the objectives of the licensing and the enforcement of the law as it relates to gambling.
Roger Butterfield has used his vast experience in licensing training and consulting to produce this essential guide, which will be of great use to applicants for licences, solicitors, local authority officers and members, police officers and everyone who operates premises affected by the changes or is employed in the industry.
 

Foreword
 
Gambling and betting - age-old customs enjoyed even by the ancient civilisations of China, Egypt and Rome - have throughout much of history avoided legislation and regulation. In the UK, laws to regulate their practice were only introduced, for the first time, in the last century, despite the fact that horseracing has been taking place regularly here since the twelfth century?
 
The Gambling Act 2005, which came into effect in late 2007, is a necessary overhaul of the outdated 1968 legislation of gaming and betting. The new Act significantly updates the UK's existing gambling laws, introducing new structures of protection for children and vulnerable adults, as well as bringing the burgeoning Internet gaming sector into British regulation for the first time. The legislation transfers responsibility for licensing gambling from magistrates to Licensing Authorities. Furthermore, the Act introduces a new, unified regulator for gambling in Great Britain - the Gambling Commission - and a new licensing regime for commercial gambling (operated and regulated by the Commission or by Licensing Authorities, depending on what is being licensed). A two-tier system of licensing is introduced for certain gambling operations: for example, betting shops and casinos now require an operating licence from the Gambling Commission and also a premises licence from the Licensing Authority.
 
The above changes have wide-reaching consequences, affecting casinos, betting shops, bingo halls, amusement arcades, pubs and clubs with gaming machines, and small lotteries. This book explains the purpose of the legislation, how applications have to be made, the procedures to be followed by Licensing Authorities, what conditions can be attached to licences, the differences between operating licences, personal licences and premises licences, the objectives of the legislation and the enforcement of the law as it relates to gambling. It is hoped this will provide a clear, easy-to-use through the complex procedures of the 2005 Act.
 
Roger Butterfield


The Probation Directory
Incorporating Offender Management and Interventions
Edition: 2009
Format: Paperback
Author: Owen Wells
ISBN: 978 0 7219 1751 1
Publishers: Shaw & Sons
Price: £10.90
Publication Date: 30th January 2009
 
Publisher's Title Information
 

The Probation Directory 2009 Incorporating Offender Management and Interventions, formerly the Napo Probation Directory, is supported by the National Probation Service as well as Napo. Thus, it not only remains the best professional directory of its kind but carries the endorsement of both the management of the probation service and its professional association. Its high standards and appropriate content continue to be maintained because it is compiled by a former probation officer who knows what his colleagues need.
 
The Directory features full details of NOMS and the National Directorate of the Probation Service for England and Wales and all the individual Probation Areas. Details of the Probation Service of the Irish Republic are also included.
 
However, it is more than just a list of the names and addresses of those in the probation service. It lists Home Office and Prison Service Agency Personnel, all UK Prisons, Probation and Bail Hostels, Services for Adult Offenders in Scotland, all NACRO Addresses, Specialist Accommodation and other services for offenders, and a comprehensive collection of Miscellaneous Addresses.
 
Listings include: Youth Offending Teams; CAFCASS Area Offices; Scottish Executive Justice Department; Parole Boards of England and Wales, and Scotland; High Security Hospitals; various Home Office Units; Assisted Prisons Visits Unit; Prison Health Research Network; Training Organisations; Services for Victims; Arts for Offenders; Glossary of abbreviations commonly used in the Probation Service…the list is almost endless but, in short, The Probation Directory is the most complete compendium of information for those who work with offenders.
 


Review
 
This is a directory of information for anyone working with offenders. It is divided into different areas on a county or regional basis for England, Scotland and Wales. For example, under Hertfordshire you will find the addresses, telephone and fax numbers of the Head Office and other probation offices, as well as the prison details. Each office lists the members of staff with their job titles. The book also contains details of national organisations, charities and other bodies working with offenders. The scope of the book is extremely comprehensive, covering many organisations that are not widely known. In addition there is a description of the work of the organisation concerned.

I would have found more email addresses to be useful, but this is explained on Page 1 as all probation officers have a generic address e.g. JoeBloggs@loamshire.probation.gsi.co.uk}. A comprehensive index means you can locate institution by name, but if you know Joe Bloggs works in Hertfordshire you will have to look through each office entry.

This book at £10.90 is very good value for 360 pages of information. It will obviously be useful to probation officers and anyone working directly with offenders and also criminal practitioners chasing a report for a client in areas they do not normally practice, in or prison lawyers needing information on offender-management and parole board contacts.
David Pickup

Other Reviews
 
If you are looking for a practical, no-nonsense guide to the world of probation officers, this guide is ideal for you.

Throughout the directory is clearly laid out, with unfussy typesetting. No typographical or spelling errors could be detected.

This guide would be of use to existing probation officers and to anyone looking to become involved with probation as a career. It might also be of use to legal secretaries dealing with criminal law, journalists required to cover court proceedings, police and their support staff and mental health units (particularly forensic). This guide is extremely good value for money and would be a very useful addition to the bookshelves of any of those mentioned above.
Reference Reviews
 

The Probation Directory is compiled by a retired probation officer, Owen Wells. If you have any suggestions or questions about the directory, please contact him on:
(01943) 602270
07951 436126 (mobile)
e-mail oswells@gmail.comIntroduction}

The Probation Directory is compiled each October. Wherever possible, changes that occur after October are included in the text up to 20th December. The very short time between compilation and publication means that the Probation Directory is probably the most up-to-date book of its kind published anywhere. Errors will, of course, occur; any that are notified to the publisher will normally be corrected in the Probation Bulletin.
 

Abbreviations
 
Where a person has no designation after their name, they can be presumed to be a Probation Officer
acoAssistant Chief Officer
ccloCrown Court Liaison Officer
coChief Officer
isJob-sharing
pPart-time
paoPrincipal Administrative Officer
psaProbation Service Assistant
psoProbation Service Officer qa mgr Quality Assurance Manager
spoSenior Probation Officer
sswSenior Social Worker
swSocial Worker
vloVictim Liaison Officer
Other job titles are explained in the text. In general, job titles in the Probation Service are becoming ever longer and more obscure. In the text they are usually abbreviated, but hopefully in a manner that will allow the reader to make an intelligent guess as to what they mean.


Shaw's Directory of Courts in the United Kingdom
Edition: 2009/10
Format: Paperback
Author: Sarah Bruty & Helen Gough
ISBN: 978 0 7219 1636 1
Publishers: Shaw & Sons
Price: £29.50
Publication Date: September 2009
 
Publisher's Title Information
 

This Directory remains the definitive source of information on Her Majesty's Courts Service and related offices, providing accurate, up-to-date details of contact names, telephone and fax numbers, addresses, document exchange numbers, court codes and normal times and sittings of courts.
 
The Directory provides comprehensive details of the following:
 
Supreme and Appellate Courts in England, Wales and Northern Ireland; Courts of Session and High Court of Justiciary in Scotland; the Administrative Regions of Her Majesty's Courts Service in England and Wales; Indexes of all Crown, County and Magistrates' Courts under each Region's administration; Crown Courts in England, Wales and Northern Ireland; County Courts in England, Wales and Northern Ireland, listing additional jurisdiction where applicable; the Administrative Areas of Her Majesty's Courts Service in England and Wales Magistrates' Courts in England, Wales and Northern Ireland; Gazetteer of Local Justice Areas and divisions in the Greater London area and an Index to Courts of Summary Jurisdiction; Sheriff/District/Justice of the Peace Courts in Scotland; Coroners' names and addresses; Probate Courts in England and Wales; Crown Prosecution Service Headquarters and Area Offices; Penal Establishments in England, Wales, Northern Ireland and Scotland.
 
A Numerical Index enables any court - whether current, abolished or combined - to be easily identified by its Court Code Number.
This is the most comprehensive reference work of its type for all courts and for those who have dealings with them - and should be on the bookshelf in every solicitors' office, chambers and court clerk's office.
This important new edition has been restyled to make the layout clearer and easier to access. Furthermore, it includes full details of the major restructuring of the Scottish Court Service - brought about by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 - which includes the disestablishment of local authority administered district courts and their replacement by the new Justice of the Peace courts, administered by the Scottish Court Service.
 

Reviews
 
This is the most comprehensive reference work of its type and it has modernised to meet the current demands of the courts system, and for those who have dealings with them.
The Bill of Middlesex
This essential reference book for any Magistrates' Court Office
... it is essential that each office has an up to date copy
The Justices' Clerk
A detailed volume with comprehensive statements on just about everything you could conceivably want to find out about in one place ... very useful for the clerks ... ideal for the chambers bookcase.
The Barrister
...an essential first point of reference for all those who have the need to use the courts throughout the country.
Legal Executive Journal
Shaw's has the 'one stop' factor... a detailed volume with comprehensive statements on just about everything you could conceivably want to find out about in one place.
Phillip Taylor MBE, Review Editor of Barrister Magazine
...an essential first point of reference for all those who have the need to use the courts"
The Legal Executive Journal
 

Introduction
 
Welcome to the 2009/10 edition of Shaw's Directory of Courts in the United Kingdom.
Regular users of the Directory will notice some subtle changes to the layout, which we hope will make it easier to use. The biggest difference is that the pages are now numbered consecutively throughout the book, rather than from the beginning of each section. This should improve navigation throughout, as the list of contents at the beginning now includes page numbers. For added ease of use, we have retained the tradition of colour coding the court sections of the book, and have now standardised the rest on to cream paper.
The Directory is divided into eight parts, as follows:
 
Part I is entitled The High Court and Crown Courts. It includes details of the Appellate and Supreme Courts in England and Wales, Scotland and Northern Ireland. This is followed by the seven Crown Court regions of Her Majesty's Courts Service: the Midlands, the North East, the North West, the South East, London, South West and HMCS Wales. The regional listings include contact information for the regional and area directors within each region. Circuit judges for each region are also listed. All Crown, County and Magistrates' Courts under each region's administration are indexed within the regional listing, as well as within the relevant section of the book, for extra ease of use. An alphabetical listing of all the Crown Courts, including court manager, court offices and court houses, completes Part I.
Part II contains details of County Courts, arranged in alphabetical order throughout, with reference to the appropriate region to which the court belongs. Each entry is annotated to indicate any jurisdiction held by the court. District Registries are indicated against the relevant County Court office.
 
Part III covers all Courts of Summary Jurisdiction in England, Wales, Northern Ireland and Scotland. A greatly enhanced list of contents makes this section - we hope - much easier to use than previously.
 
The Magistrates' Courts in England and Wales are arranged alphabetically in areas. Contact information for the area director is listed at the beginning of each, and areas are grouped under the appropriate region. Court details are followed by a gazetteer of places in Greater London, and a numerical index to court codes of English and Welsh Courts of Summary Jurisdiction. Details of the Magistrates' Courts in Northern Ireland follow.
 
The Scottish courts are arranged under Sheriffdoms. As noted in last year's edition, the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 presaged a major reformation of the Scottish Court Service. Unification of administration of the Scottish courts is continuing as we go to press, and is expected to be completed over the forthcoming year. Four separate numerical indexes, to the Sheriff Courts, Justice of the Peace Courts, District Courts after 1 September 1998 and District Courts prior to 1 September 1998, follow, and an alphabetical index to all Courts of Summary Jurisdiction completes Part III.
 
Part IV consists of a full list of coroners and coroners' officers, with contact details, and an alphabetical index to coroners' districts. Again to improve ease of use, this section is now arranged alphabetically by county.
 
Part V contains extensive listings of Probate Courts in England and Wales, including names, addresses and contact numbers for all registrars, as well as normal opening times.
Part VI covers the Crown Prosecution Service. The information includes full contact details for the CPS area and branch offices, the Chief Crown Prosecutor and Area Business Manager, and details of the Crown and Magistrates' Courts covered by each CPS office.
Part VII lists similar information for the Crown Office and Procurator Fiscal Service (Scotland).
 
Part VIII deals with penal establishments in the United Kingdom. It begins with contact information for N.M. Prison Service Headquarters, and includes contact details and prison listings for each area in England and Wales, followed by a list of penal establishments, setting out contact details for each and grouped into their various categories. Similar information for Northern Ireland and Scotland concludes this section, and the Directory.
 
As ever, changes in the listings in this book (including names, addresses, contact numbers and e-mail addresses where possible, together with the times and places of court sittings), are published as notified to us up to the end of July 2009.
 
Finally, we would like to express our sincere thanks to all the people who have helped us to collate the information that appears in this edition. With their help, every effort has been made to ensure complete accuracy. Please do continue to contact us with any amendments and changes as they occur, so that they can be incorporated into the next edition.
 
Sarah Bruty Helen Gough


The Councillor
Edition: 13th
Format: Paperback
Author: Paul Clayden
ISBN: 978 0721908540
Publishers: Shaw & Sons Ltd
Price: £14.95
 
Publication Date: 2009
 

Publisher's Title Information
 
Over half a century after it was first published, The Councillor remains the best available guide to the duties and responsibilities of the elected council member. Designed to assist councillors to understand the workings of a council, it will contribute greatly to their performance and also help to ensure that they act in a correct and proper manner. In addition, the book will provide a better understanding of local administration to anyone else with an interest in it.
 
This new edition has been substantially updated to take account of the following - new rules relating to members' allowances; re-casting of the capital finance regime; putting the Auditor General for Wales in charge of the auditing of local government accounts; the establishment of a public services ombudsman for Wales; miscellaneous changes to: structural and boundary arrangements in England, electoral arrangements, executive arrangements, parish government, co-operation between English local authorities, byelaws, best value, audit, ethical standards.
Prospective, new and existing councillors will find the book invaluable.
 
Previous Review
 

Prospective, new and existing councillors alike will find the book invaluable
The Clerk
 

Preface to 13th Edition
 
This book has been designed to help a councillor in the appreciation of the working of the council and to give anoutline of the functions and affairs of the local authority
to which he has been elected or co-opted.
 
There is included a summary of the relations between central and local government, showing how control is exercised over the activities of local authorities. Since the previous edition of this book (published in 2002), a number of significant changes have taken place in that
relationship. The main changes are: (1) new rules relating to members' allowances (Local Government Act 2000); (2) re-casting of the capital finance regime (Part 1 of the Local Government Act 2003); (3) putting the Auditor General for Wales in charge of the auditing of local government accounts (Public Audit (Wales) Act 2004); (4) the establishment of a public services ombudsman for Wales (Public Services Ombudsman (Wales) Act 2005);(5) miscellaneous changes to: structural and boundary arrangements in England, electoral arrangements, executive arrangements, parish government, co-operation between English local authorities, byelaws, best value, audit, ethical standards (Local Government and Public
Involvement in Health Act 2007). Certain phrases used in the book are defined as
follows:
 
"Secretary of State" means the Secretary of State for Communities and Local Government in the case of England and the National Assembly for Wales in the case of Wales.
 
"Principal authority" and "principal council" mean a district, unitary or county council in England and a county or a county borough council in Wales.
 
"Local council" means a parish or a town council in England and a community or a town council in Wales.
 
"Local authority" means a principal authority or council and a local council.
Acts of Parliament are referred to as follows:
LGA 1972Local Government Act 1972
LGA 1999Local Government Act 1999
LGA 2000Local Government Act 2000
LGA 2003Local Government Act 2003
LGHA 1989Local Government and Housing Act 1989
LGPIHA 2007 Local Government and Public Involvement in Health Act 2007
 
One of the difficulties which the writers of books on local government face is that both the law and practice change frequently. As a result, a newly published book may be partly out of date almost as soon as it appears. A bill is currently before Parliament (the Local Democracy, Economic Development and Construction Bill) which will make further changes to the roles of local authorities with the aim of increasing public participation in their affairs.
 
Although the basic law relating to local government is the same in England and Wales, the devolution to the National Assembly for Wales of the powers formerly exercised by the Secretary of State for Wales has led, and will continue to lead, to a divergence between the
two countries on matters of detail and timing. This is shown by the enactment of separate codes of conduct (see Chapter 11 and Appendix A) which are effectively identical but which differ in small ways. However, the differences between the regulations governing allowances for local authority members in the two countries are more marked (see Chapter 12 and Appendix B). The relevant statutory instruments reproduced in the Appendices are those for England, but the names and numbers of their Welsh equivalents are given.
 
Readers will note that councillors, officers and others are referred to in the male gender. This is done purely for convenience and is not intended to detract in any way from the status of female councillors and officers. I am not alone in this practice; it is also adopted by the draftsmen of Acts of Parliament, no doubt because the English language has no single pronoun which applies to people of both sexes.
 
Paul Clayden


Shaw's Local Government Directory
Edition: 2009/10
Format: Paperback
Author: Ed. Sarah Bruty
ISBN: 978 0 7219 1713 9
Publishers: Shaw & Sons Ltd
Price: £39.50
Publication Date: May 2009
 
Publisher's Title Information
 

The latest edition of Shaw's Local Government Directory is the most important issue of this directory for years as it contains full details of the eight new Unitary Authorities formed from 1st April 2009.
 
The purpose of this Directory is to provide information for the authorities, solicitors (and other conveyancers) and commercial organisations whose work brings them into contact with local authorities.
 
As usual, the book gives the names, postal and Document Exchange addresses, and telephone and fax numbers of the authorities, listing locations of chief officers. Entries in the Directory are designed to make it easy to find the department and person with responsibility for a specific function. This removes the confusion that often arises due to the varying of departmental names and groupings of responsibilities in different authorities.
Included are Electoral Registration Officers and Scottish Assessors who themselves find this book, and the gazetteer of places in particular, invaluable for their work with rolling registration.
 
It also contains those functions relevant to conveyancers, as well as the authority-specific information of conveyancing fees and charges and the companies to contact with drainage and water enquiries. County court listings and land registry offices complete this valuable book.
Full details of all the new authorities are given, together with cross-referencing, to enable the user to identify which new authorities have taken over from those that have been disbanded. The book also includes a substantial gazetteer of nearly 20,000 places, showing the authority within which each falls.
 
It is therefore essential that all users of this Directory have the updated edition.
Shaw's Local Government Directory is the leading day-to-day reference book to local authorities of all types and provides vital information for anyone whose work brings them into contact with local authorities.
Entries in the Directory are designed to make it easy to find the department and person with responsibility for a specific function within a local authority. This removes the confusion that often arises due to the varying of departmental names and grouping of responsibilities in different authorities.
Included are the names of principal officers responsible for 17 key functions.
Conveyancing fees, building control contacts, and the companies to whom water and drainage enquiries should be directed, are included. Further information, including full contact details for county courts, Land Registry offices and water/drainage companies, is also introduced.
A Table of Abolished Councils lists all of those authorities which are no longer in existence, and gives details of who their functions were taken over by, as well as the year they were abolished.
Also included are Electoral Registration Officers and their Scottish counterparts, who themselves find this book (and the gazetteer in particular) invaluable for their work with rolling registration.
The gazetteer alphabetically lists the names of parish, town and community councils, and the names of many other towns and villages throughout the United Kingdom, identifying the authority into which each falls. This section now lists over 20,000 places.
 

Foreword
 
The purpose of Shaw's Local Government Directory is to provide information for the authorities, solicitors and the many others whose work brings them into contact with the local authorities.
 
Listed for each authority are the names and job titles of those Chief Officers having prime responsibility for a selection of functions: Education; Electoral Registration; Environmental Health; Finance; Housing; Legal Services; Leisure; Licensing; Local Land Charges; Planning; Purchasing & Supplies; Procurement; Social Services; Technical Services; and Trading Standards, as well as the Chief Executive. It should be noted, of course, that not all authorities provide all of these services.
 
Also included are the addresses, telephone and fax numbers of the offices where the Chief Officers are located. (The office locations (L) are now listed numerically throughout.) Individual email addresses for each Chief Officer are provided where these were available. To save space, the main root of the email address (i.e. the part after the @ sign) is shown only once for each authority, at the top of the entry.
 
Within each Authority entry, conveyancing fees, building control contacts, and the companies to whom water and drainage enquiries should be directed, are included.Further information, including full contact details for county courts, Land Registry offices and water/drainage companies.
The Gazetteer lists alphabetically the names of parish, town and community councils, and the names of many other towns and villages throughout the United Kingdom, identifying the authority into which each immediately falls, in whole or in part.
 
The Table of Abolished Councils lists all of those authorities which are no longer in existence, and gives details of who their functions were taken over by, as well as the year they were abolished.
 
The 2009/10 edition has been fully updated with the assistance of the authorities themselves and we would like to thank all the people who have helped us in this process.
 
May 2009
 

Previous Reviews
 
...it has long been a respected and trusted source of directory information on British local authorities.
The information is clearly set out across the page in a legible and consistent fashion.
Far more important is accuracy and currency ... this is exemplary with no errors or discrepancies detected.
The strength of Shaw's Local Government Directory is its simple scope and arrangement and competitive price. This, coupled with reliability and accuracy, makes it a leader in the field for basic local government information in most general library reference situations


The Law of Parks and Open Spaces
Edition: 1st
Format: Paperback
Author: Paul Clayden
ISBN: 978 0 7219 0552 5
Publishers: Shaw & Sons
Price: £24.95
Publication Date: Feb 2009
Publisher's Title Information
 

This book is the successor to The Law of Parks and Recreation Grounds by Roland Roddis, first published by Shaw & Sons in 1953 and of which a fourth and final edition was published in 1974. Since then, the law has in many respects changed greatly and, therefore, an entirely new text has been produced by local government expert Paul Clayden.
 
This new book is aimed as much at those responsible for the management of parks and open spaces as it is at local government lawyers and it is thus written in a clear and easily-assimilated style. Statutes of relevance date from the mid-nineteenth century to the early twenty-first century and these are explained and discussed under the topics to which they relate.
 
A wealth of information for 'parks professionals' and lawyers is to be found in this modestly-sized (and priced) book, which will make it an invaluable reference for all concerned with this field.

Review
 
Introduction
 
The Law on Parks and Open Spaces deals with the topic concisely and insightfully. After a brief introduction, chapters 2 through to 10 focus on the laws' constituent parts.

In the first chapter, Clayden points out that between 1700 and 1750 more than 1,620,000 hectares of land were placed under cultivation. Landowners became rich. Bradford's 65% population growth Harrison, C, Countryside Recreation in a Changing Society, 1st Edition, 1991, The TMS Partnership Ltd. evidenced the exodus of people from rural to urban areas during the industrial revolution. In 1800, twenty five percent of people lived in cities - by 1881 this increased to 80%. Strong, cited by Clayden in The Law of Parks and Open Spaces (2009), at page 2.
 
The Municipal Corporations Act of 1835 gave Municipal Corporations responsibility for health and public order matters. Hygiene problems persisted, leading, for instance, to a 'clean city' being demanded of Birmingham's authorities. Gill, C History of Birmingham, Vol 1, 1952, Oxford University Press, cited in Stewart J The Nature of British Local Government, 1st Edition, 2000, Macmillan Parks were created by municipal corporations from private land (landowners sold their estates to escape death taxes and the encroaching suburbs), waste ground and other areas.
 
They were permitted to evolve from being formal areas for walking to places where sport was accepted. The formal parks were influenced by Repton: Clayden, page 5. Sport 'lessened sexual licence and its evil consequences': Commission's Inquiry (Second Report) into the state of large towns and populations, 1844. The fitness of soldiers had been a concern and young men were built recreation grounds. The general public followed, they were broadly allowed leisure time for the first time by 1750. Previously, only the rich had enjoyed this.
 
The desire for urban open spaces and parks was replaced by the desire of a newly automated population to explore the countryside outside of the cities. In 1949, National Parks legislation was passed, allowing the public access - through the estates of the rich - to the countryside.
 
S.120 of the Local Government Act, 1972 gives local authorities the power to acquire land by gift or agreement
 
The Seaside
 
The seashore is 'the bed and shore of the sea and every creek .. and river as far as the tide flows'. Section 49(1) Coast Protection Act of 1949 Prima facie the foreshore (the area between low and high tide marks) is owned by the Crown, but local authorities own large swathes and private ownership (including the right to exclude, save for fishing and navigation, others) is also possible.
 
Provision and Management of Parks and Open Spaces
 
The Public Health Act of 1961 Section 54 allows local authorities to provide boating pools - but this is subject to prior consent with either the Environment Agency or an internal drainage board, where the pools may interfere, either directly or indirectly, with the flow of water to and from a controlled watercourse. Section 278 provides that compensation may be payable where damage has occurred as a result of an authority's actions under the Act.
 
Byelaws
 
By virtue of S.236 of the Local Government Act of 1972, local authority byelaws must receive the assent of the Secretary of State before they take effect. Magistrates courts try offenders, the penalty is a fine or removal from the place to which the byelaw pertains.
 
Byelaws can be passed by many bodies, which are in some way connected with the state, including electricity companies, as statutory undertakers, local authorities, and private bodies which perform a public function, such as the National Trust.
 
Byelaws must meet four conditions. They must be within the power of the byelaw-making authority. Thus, in Boddington v British Transport Police [1998] 2 All ER 203 , the British Railways Board was allowed to prohibit smoking in all of its carriages. The Board acted pursuant to the Act, and were not in breach of their power to regulate 'use .. of the railways .. with respect to the smoking of tobacco' by prohibiting smoking in all carriages.
 
Byelaws must not be inconsistent with the general law, a byelaw prohibiting bookmakers was therefore beyond the County Council's powers: Powell v May [1946] KB 330
 
They are to be certain, and reasonable.
 
The control of, inter alia, traffic, animals - specifically the control of dangerous dogs - and alcohol, are only covered by byelaws for certain offences because they are extensively dealt with by other legislation.
 
Health and Safety - for example playground safety and occupiers liability - is covered by Chapter 6.
 
Chapter 7 discusses the Licencing Act 2003. Inter alia films and fetes do not require a licence.
 
Mark Zukas


The Control of Outdoor Advertising and Graffiti
A comprehensive guide to the law and practice of outdoor advertising as it relates to the
whole of the United Kingdom The Control Of Outdoor Advertising And Graffiti
Edition: 1st
Format: Paperback
Author: Charles Mynors
ISBN: 978 0 7219 1770 2
Publishers: Shaw & Sons
Price: £49.50
Publication Date: March 2009
 
Publisher's Title Information
 

Control over the display of outdoor advertising in the UK has proved to be one of the great success stories of recent times - resulting in few totally inappropriate advertising displays and avoiding the visual clutter that is so evident in some other countries. But the law is complex. with numerous court decisions in recent years, a new set of Advertisements Regulations in England. and tougher enforcement procedures. In addition, a new statutory code has been introduced to help local authorities to control fly-posting and graffiti.
 
This new book is a comprehensive guide to the law and practice as it relates to the whole of the United Kingdom. It explores all aspects of controlling signs, advertisements. billboards, fly-posting and graffiti; and includes the text of relevant legislation (including the special rules applying in London). The regulations applying in Wales. Scotland and Northern Ireland are fully referenced, in addition to those in England. It will, therefore, be indispensable for all who work in this area.
 

The Author
 
Charles Mynors is an experienced practitioner at the planning Bar. Before coming to the Bar, he worked as a local authority planning officer in a central London borough for nine years. He has an extensive advisory practice. and appears regularly at planning inquiries and in the courts - for English Heritage. local authorities, developers and property owners. He has written over 50 articles in professional journals, as well as a regular legal column in Context the journal of the Institute of Historic Buildings Conservation (IHBC). Charles is a regular speaker at professional conferences and training seminars, and is a Fellow of the RIM and the RICS and a Member of the IHBC.
 

Book Contents
 
Table of Statutes
Table of Statutory Instruments Table of Cases
I. General introduction
2. The mechanics of control
3. Basic concepts
4. The purpose of control over outdoor advertising
5. Consent for the display of advertisements
6. The standard conditions
7. Advertisements outside the scope of control
8. Deemed consent for miscellaneous signs (Classes 1 and 2)
9. Deemed consent for temporary advertisements (Classes 3 and 15)
10. Deemed consent for advertisements at business premises or on flags (Classes 4 to 7)
11. Deemed consent for advertising on hoardings and highway structures
(Classes 8 to II and 16)
12. Advertising displayed for at least ten years (Class 13)
13. Directions restricting deemed consent
14. Discontinuance of deemed consent
15. Compensation for the removal of advertisements
16. Applications for express consent
17. Appeals and other remedies
18. Revocation or modification of express consent
19. Advertising in areas of special control
20. Removal of unauthorised advertising
21. Prosecution and penalty notices
22. Advertising in Greater London
23. Advertising and the Olympic Games
Appendices
A. Town and Country Planning Act 1990
B. Anti-social Behaviour Act 2003
C. London Local Authorities Acts
D. Town and Country Planning (Control of Advertisements) Regulations 2007
E. Discontinuance Notice Appeals
F. Town and Country Planning (Fees for Applications [etc]) Regulations 1989
G. Government Guidance
Index
More Details on the Shaw & Sons Website


Review
 
Advertisement control is possibly one of the most complicated, and thus most misunderstood, areas of planning control. As an inexperienced Planning Assistant working in a busy development control team I therefore came to rely on Charles Mynors' previous commentary on the 1992 Advertisement Regulations. Often too embarrassed to ask a more senior officer it became essential background reading whenever faced with an advertisement control conundrum. Now, twenty years on, as an independent planning consultant who occasionally runs workshops on advertisement control, Mynors' insights into the complexities of the Regulations must have made an impression.
 
This updated and expanded commentary is thus a more than welcome addition to any planning library. It provides a comprehensive guide not only the new 2007 Advertisement Regulations in England, but also to the parallel provisions in Scotland, Wales and Northern Ireland. Mynors does not skate across the surface of the complexities of the legislation relevant to advertisement control. On the contrary, his clarity of understanding, and his detailed explanations of every aspect of the Regulations, will leave the reader with a deep appreciation of the worth of this new volume.
 
It begins with a single chapter that provides a brief overview of how the UK system of advertisement control works, which also acts as a guide to the remainder of the book. Although for simplicity the 22 subsequent chapters are framed in the context of the law applying in England in 2009, there are more than adequate cross references to the other statutory codes, particularly in those instances where there are differences in approach. With reference to published and unpublished case law at every step Mynors covers everything from the particular categories of “advertisement”, the many classes of 'deemed consent', discontinuance action, the mechanics of obtaining 'express' consent, fighting or defending appeals and enforcement. Particularly useful references, under the heading of 'unauthorised advertising', are made to perennial issues such as the problems associated with 'fly-posting' and the removal of graffiti.
 
Finally, Mynors brings everything right up to date with his clarification of the many new controls available under the 2003 Anti-social Behaviour and 2005 Clean Neighbourhoods and Environment Acts. For completeness, there is even a chapter on the provisions of the 2006 London Olympics and Paralympic Games.
 
For years to come (or at least until Regulations are amended again) this book will surely become an indispensable companion for anyone who is involved in the display of advertisements, whichever 'side of the fence' they may operate from.
 
Michael Hyde


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