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Section 48: Defacement removal notices

Anti-social Behaviour Act 2003 · 2003 c. 38View on legislation.gov.uk

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

Part 6: The environment

REPEALED on 2014-10-20 by Anti-social Behaviour, Crime and Policing Act 2014.

The text below is from the dated revised snapshot immediately preceding this status change. It is historical and is not current law. View the historical source.

This section applies where a local authority is satisfied—

that a relevant surface in an area has been defaced by graffiti or any poster or flyer the display of which contravenes regulations under section 220 of the Town and Country Planning Act 1990, and
that the defacement is detrimental to the amenity of the area or is offensive.

The authority may serve a notice (a “defacement removal notice”) upon any person who is responsible for the surface imposing the requirement mentioned in subsection (3).

That requirement is a requirement that the defacement be removed, cleared or otherwise remedied within a period specified in the notice being not less than 28 days beginning with the day on which the notice is served.

If the requirement mentioned in subsection (3) is not complied with, the authority or any person authorised by the authority may remove, clear or otherwise remedy the defacement.

In exercising the power under subsection (4) the authority or any person authorised by the authority may enter any land to the extent reasonably necessary for that purpose.

A defacement removal notice must explain the effect of subsections (4) and (5) and sections 49 and 51.

Subject to subsection (8), section 160 of the Environmental Protection Act 1990 (c. 43) has effect in relation to defacement removal notices as if they were notices within subsection (2) of that section.

Where after reasonable enquiry a local authority is unable to ascertain the name or proper address of any person who is responsible for a relevant surface, the authority may—

affix a defacement removal notice to the surface, and
enter any land to the extent reasonably necessary for that purpose;

and that notice shall be treated as having been served upon a person responsible for the surface.

In this section a “relevant surface” is any of the following surfaces, whether internal or external or open to the air or not—

the surface of any street or of any building, structure, apparatus, plant or other object in or on any street;
the surface of any land owned, occupied or controlled by a statutory undertaker or of any building, structure, apparatus, plant or other object in or on any such land;
the surface of any land owned, occupied or controlled by an educational institution (including its governing body) or of any building, structure, apparatus, plant or other object in or on any such land.

But a surface is not a relevant surface unless—

in the case of a surface within subsection (9)(a), the street is public land;
in the case of a surface within subsection (9)(b) or (c)—
the land is public land,
the surface is visible from public land, or
the surface is otherwise visible to members of the public using the services or facilities of the statutory undertaker or educational institution in question or any other statutory undertaker or educational institution.

A person is responsible for a relevant surface if—

where it is the surface of any land (including a street), he owns, leases, occupies, controls, operates or maintains the land, and
where it is the surface of any other thing mentioned in subsection (9), he owns, leases, occupies, controls, operates or maintains the thing.

In this section and in sections 49 to 52—

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.