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| For other Amendment(s) see the following page(s):
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| Protection of Freedoms Bill Committee 67-78 |
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| Protection of Freedoms Bill |
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| Clause 54, page 37, line 30, after ‘liable’, insert ‘to prosecution by the police and’. |
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| | Signage required where parking facilities are made available to the public |
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| To move the following Clause:— |
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| | ‘(1) | Where a facility for parking on private land is made available to the public, or a |
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| | specific group of persons, due warning of the terms and conditions for that |
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| | parking will be prominently displayed, as a minimum, at all entrances. This must |
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| | include, but is not limited to, the following: |
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| | (a) | notice of the ban on clamping, towing and immobilisation to highlight |
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| | that it is now a criminal offence, |
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| | (b) | the hours during which parking is permitted, |
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| | (c) | any restriction on who is permitted to park, |
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| | (d) | any restriction on the length of time parking is permitted, |
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| | (e) | whether any additional consideration is extended to disabled drivers |
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| | (f) | the cost, if any, of parking and any charges made for breach of parking |
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| | (g) | the manner in which drivers will be informed of any breach of parking |
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| | (h) | the full name and contact details, including a geographical address for the |
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| | business offering the contract to park.’. |
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| | Ticketing of vehicles left on land |
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| To move the following Clause:— |
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| | ‘(1) | The creditor has the right to claim payment of any unpaid parking charges from |
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| | the driver of the vehicle. That right applies only if the following conditions are |
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| | (a) | the creditor has the right to enforce against the driver of the vehicle the |
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| | terms of the relevant contract which require the unpaid parking charges |
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| | (b) | a notice that contains the information specified in sub-paragraph (3 |
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| | “notice to the driver”) has been given to the driver by or on behalf of the |
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| | (c) | where the driver challenges whether the correct notice was served at the |
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| | time of the claimed infringement, the onus of proof rests with the |
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| | (a) | state that by virtue of a contract the driver is required to pay parking |
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| | charges in respect of the parking of the vehicle on that land on such day |
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| | or days as the notice may specify; |
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| | (b) | describe the circumstances in which the contract was formed, the terms |
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| | which required the driver to pay those charges and the facts that make |
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| | (c) | state the total amount of unpaid parking charges due from the driver and |
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| | a breakdown of the charges in terms of costs and damages suffered (as at |
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| | such time as may be specified in the notice, which must be no later than |
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| | the time specifed under paragraph (g)); |
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| | (d) | inform the driver of the arrangements for the resolution of disputes of |
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| | complaints available under subsection (4); |
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| | (e) | inform the driver of any discount offered for prompt payment; |
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| | (f) | specify how and to whom payment may be made; |
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| | (g) | state the time and date on which the notice was issued.’. |
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| To move the following Clause:— |
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| | ‘The Secreatary of State shall make provision for the purpose of providing |
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| | independent redress, which is free to consumers and funded through the industry, |
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| | where the conditions specified in Clause [Signage required where parking |
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| | facilities are made available to the public] and in Clause [Ticketing of vehicles |
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| | left on land] have not been met or there are reasonable grounds for challenging |
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| Page 38, line 24, leave out Clause 56. |
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| Page 106, line 23, leave out Schedule 4. |
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| | Trade in personal information |
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| To move the following Clause:— |
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| | ‘(1) | In section 52 of the Data Protection Act 1998 (Reports and codes of practice to |
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| | be laid before Parliament), after subsection (1) there is inserted— |
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| | “(1A) | The Commissioner shall lay annually before each House of Parliament a |
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| | report on the unlawful trade in confidential personal information.”.’. |
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| To move the following Clause:— |
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| | ‘(1) | In section 60 of the Data Protection Act 1998 (Prosecutions and penalties)— |
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| | (a) | in subsection (2) after “section 54A” there is inserted “, section 55”, and |
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| | (b) | after subsection (2) there is inserted— |
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| | “(2A) | A person guilty of an offence under section 55 shall be liable— |
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| | (a) | on summary conviction, to imprisonment for a term not |
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| | exceeding six months or to a fine not exceeding the |
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| | statutory maximum, or to both; |
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| | (b) | on conviction on indictment, to imprisonment for a term |
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| | not exceeding two years or to a fine, or to both.”. |
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| | (2) | Omit section 77 of the Criminal Justice and Immigration Act 2008 (Power to alter |
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| | penalty for unlawfully obtaining etc. personal data).’. |
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| Clause 29, page 19, line 30, leave out subsection (1) and insert— |
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| | ‘(1) | The Secretary of State must establish an independent inquiry into the use of |
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| | surveillance camera systems in England and Wales. |
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| | (1A) | Having considered the recommendations of that enquiry, and following a report |
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| | on those recommendations to Parliament, the Secretary of State must prepare a |
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| | code of practice containing guidance about surveillance camera systems.’. |
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| Clause 29, page 19, line 35, at end insert— |
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| | ‘(c) | the importance of CCTV to community safety and crime reduction.’. |
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| Clause 29, page 19, line 35, at end insert— |
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| | ‘(3A) | Such a code may, in particular, include provision on— |
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| | (a) | any potential improvement in public safety and crime reduction, and |
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| | (b) | the significance of a camera as a deterrent to crime.’. |
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| Clause 29, page 20, line 8, leave out ‘need not’ and insert ‘must’. |
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| Clause 29, page 20, line 11, at end insert— |
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| | ‘(za) | Representatives from Community Safety Partnerships, |
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| | (zb) | Neighbourhood Watch, |
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| | (zc) | Other community groups who make representations to the Secretary of |
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| Clause 29, page 20, line 21, at end insert— |
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| | ‘(h) | any written evidence or submissions from any of the groups listed above |
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| | must be published in full by the Secretary of State.’. |
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| Clause 30, page 20, line 39, at beginning insert— |
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| | ‘(1A) | The Secretary of State must publish a draft code of practice prepared under |
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| | section 29 60 days before it is laid before Parliament.’. |
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| Clause 33, page 22, line 10, at beginning insert— |
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| | ‘(A1) | The surveillance camera code is not mandatory.’. |
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| Clause 33, page 22, line 17, leave out subsection (4). |
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| Clause 34, page 23, line 23, at end insert— |
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| | ‘(1A) | Before the Commissioner is formally appointed, the candidate must give oral |
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| | evidence to the Home Affairs Select Committee about the use of surveillance |
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| | Independent inquiry into use of investigating powers under RIPA |
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| To move the following Clause:— |
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| | ‘(1) | The Secretary of State must establish an independent inquiry into the use of |
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| | investigatory powers under the Regulation of Investigatory Powers Act 2000. |
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| | (2) | The inquiry will examine in particular the use of directed surveillance and |
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| | possible limits to its use. |
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| | (3) | The inquiry will examine possible exemptions to the Act relating to the under-age |
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| | sale of alcohol and tobacco and anti-social behaviour. |
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| | (4) | Recommendations from that enquiry shall be reported to Parliament.’. |
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| Clause 38, page 27, line 32, at end insert— |
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| | ‘(c) | the seriousness threshold has been met, defined as offences that carry a |
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| | maximum custodial sentence of at least six months and subject to limited |
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| | exemptions relating to the under-age sale of alcohol and tobacco.’. |
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| Clause 47, page 34, line 9, leave out subsection (1) and insert— |
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| | ‘(1) | The Secretary of State must establish an independent inquiry into the exercise of |
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| | powers of entry and associated powers in England and Wales. |
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| | (1A) | The inquiry must in particular examine issues relating to— |
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| | (1B) | Having considered the recommendations of that enquiry, and following a report |
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| | on those recommendations to Parliament, the Secretary of State must prepare a |
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| | code of practice containing guidance about powers of engry and associated |
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| | powers in England and Wales.’. |
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| Clause 56, page 38, line 25, at beginning insert ‘(1)’. |
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| Clause 56, page 38, line 27, at end insert— |
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| | ‘(2) | Recovery of unpaid parking charges shall be subject to the right of appeal. |
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| | (3) | The Secretary of State shall by regulations make provision for the purpose |
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| | specified in subsection (4) in a case where, in England and Wales or Northern |
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| | Ireland, a person attempts to claim unpaid parking charges from the driver or |
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| | (4) | The purpose referred to in subsection (3) is to entitle a person to appeal against |
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| | the parking charge which they believe has been enforced against them, either by |
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| | way of a contract relating to parking or by way of Schedule 4. |
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| | (5) | Regulations under this section shall specify the grounds on which an appeal may |
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| | (6) | The grounds may include in particular— |
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| | (a) | a contravention of a code of practice issued by an Accredited Trade |
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| | (b) | contravention of any requirement imposed by or under this Act. |
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| | (7) | Regulations under this section shall make provision for and in connection with |
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| | the person to whom an appeal may be made. |
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| | (8) | The person may in particular be— |
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| | (a) | a person exercising functions of adjudication or the hearing of appeals |
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| | (b) | a body established appointed by the Secretary of State under the |
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| | (c) | an individual appointed under the regulations by the Secretary of State or |
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| | by another person specified in the regulations. |
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| | (9) | Regulations under this section may also include provision— |
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| | (a) | as to the procedural conditions to be satisfied by a person before an |
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| | (b) | as to the payment of a fee by the appellant; |
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| | (c) | as to the procedure (including time limits) for making an appeal; |
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| | (d) | as to the minimum level of charge before an appeal may be brought; |
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| | (e) | as to the procedure for deciding an appeal; |
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| | (f) | as to the payment to the appellant by the respondent of— |
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| | (i) | the charge against which the appeal is made; |
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| | (ii) | other costs incurred by the appellant in consequence of the |
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| | activity referred to in subsection (3); |
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| | (g) | as to the payment by a party to an appeal of— |
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| | (i) | costs of the other party in relation to the adjudication; |
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| | (ii) | other costs in respect of the adjudication; |
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| | (h) | as to the payment by the respondent to an appeal, in a case where the |
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| | appeal is granted, of a charge in respect of the costs of adjudications |
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| | (i) | as to the effect and enforcement of a decision of the person to whom an |
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| | (i) | requiring or authorising the person to whom an appeal is made to |
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| | provide information relating to the appeal to the authority; |
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| | (ii) | to the effect that a person who makes a representation that is false |
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| | in a material particular, and does so recklessly or knowing it to |
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| | be false, commits an offence triable summarily and punishable |
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| | with a fine not exceeding level 5 on the standard scale. |
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| | (10) | The provision specified in paragraphs (e), (f) and (f)(i) of subsection (9) includes |
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| | provision authorising the person to whom an appeal is made to require payment |
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| | of the matters specified in those paragraphs.’. |
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| | Offence of issuing excess parking charges |
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| To move the following Clause:— |
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| | ‘(1) | A person commits an offence who, without lawful authority, requires a driver or |
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| | any person in possession of a vehicle to pay parking charges in relation to a |
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| | contract to park that vehicle. |
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| | (2) | The express or implied consent (whether or not legally binding) of a person |
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| | otherwise entitled to enter into a contract regarding parking is not lawful authority |
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| | for the purposes of subsection (1). |
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| | (3) | Subsection (2) does not apply where— |
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| | (a) | the person or body attempting to enforce the parking charges is a member |
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| | of an Accredited Trade Association so accredited by the Secretary of |
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| | (b) | the penalty charge can be appealed to an independent body as set out in |
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| | (c) | the person or body attempting to enforce the parking charges takes |
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| | reasonable steps to inform the driver or keeper of the vehicle about the |
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| | (4) | The Secretary of State can, by way of regulation, introduce a maximum charge, |
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| | under which parking charges would not be subject to subsection (1). |
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| | (5) | A person who is entitled to remove a vehicle cannot commit an offence under this |
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| | section in relation to that vehicle. |
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| | (6) | A person guilty of an offence under this section is liable— |
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| | (a) | on conviction on indictment, to a fine, |
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| | (b) | on summary conviction, to a fine not exceeding the statutory maximum. |
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