Commentary on Sections Part 1: Provisions for Combatting Crime and Disorder. Local child curfew schemes Section 47: Application of section 46 by order to public structures
150.Once section 46 is in force there is a risk that advertising will be displaced from telephones to other public structures such as bus shelters. Section 47 will help to tackle such displacement should it occur by providing a power to extend the offence created by section 46 to other public structures. An offence created by this section will attract the same penalties as an offence under section 46.
151.Subsection (1) provides that the Secretary of State may, by order, provide for the offence created by section 46 to apply equally to another specified kind of public structure.
152.Subsection (2) defines ‘public structure’ as any structure that is provided as an amenity for the use of the public or any section of the public and is located in a public place. ‘Public place’ has the same meaning as in section 46. An example of such a structure would be a bus shelter. The definition does not extend to street furniture such as lampposts or railings which are not ‘used’ by the public. Existing legislation outlawing fly posting would be expected to cover any displacement of this kind of advertising to these kinds of structures.
153.Subsection (3) provides that any offence created by an order under this section shall attract the same power of arrest as the offence in section 46.