Why PSPOs Cannot Lawfully Ban Certificated Pedlary
The Pedlars Acts 1871 and 1881 grant certificated pedlars the right to trade “in any place throughout the United Kingdom.”
Section 24 of the 1871 Act simply preserves existing local powers — it does not allow local authorities to override pedlars’ national rights.
A PSPO made under the Anti-Social Behaviour, Crime and Policing Act 2014 is secondary legislation and cannot override primary legislation unless Parliament expressly allows it — which it has not.
A PSPO that bans lawful pedlary:
Such PSPO clauses are unlawful.
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