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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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| Page 106, line 23, leave out Schedule 4. |
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| | Clause 60, page 40, line 6, leave out from beginning to end of line and insert |
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| ‘Before section 48 of the Terrorism Act 2000 (and the italic cross-heading before it)’. |
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| | Clause 60, page 40, line 7, at end insert— |
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| | ‘“Powers to stop and search in specified locations’. |
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| | Clause 60, page 40, line 8, leave out ‘“43B’ and insert ‘47A’. |
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| | Clause 61, page 41, line 12, leave out ‘43B’ and insert ‘47A’. |
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| | Clause 61, page 41, leave out line 13 and insert— |
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| | ‘“Code of practice relating to sections 43, 43A and 47A |
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| | 47AA | Code of practice relating to sections 43, 43A and 47A’. |
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| | Schedule 7, page 121, line 31, leave out ‘, vehicles and acts of terrorism’ and insert |
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| | Schedule 7, page 122, line 10, after ‘paragraph (a)’ insert ‘— |
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| | Schedule 7, page 122, line 10, leave out ‘43B’ and insert ‘47A’. |
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| | |
| | Schedule 7, page 122, line 10, at end insert ‘and |
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| | (ii) | after “(power to stop and search)” insert “(including that section |
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| | as it had effect by virtue of the Terrorism Act 2000 (Remedial) |
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| | Order 2011 (S.I. 2011/631)”,’. |
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| |
| | |
| | Schedule 7, page 122, line 14, leave out from ‘for’ to ‘, and’ and insert ‘the words |
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| from “had” to “section 44 of the Terrorism Act 2000” substitute “previously had effect for |
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| |
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| | |
| | Schedule 7, page 123, line 29, at end insert— |
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| | ‘Terrorism Act 2000 (Remedial) Order 2011 (S.I. 2011/631) |
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| | 28A | The Terrorism Act 2000 (Remedial) Order 2011 is revoked.’. |
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| | |
| | Schedule 8, page 133, line 30, at end insert— |
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| ‘Terrorism Act 2000 (Remedial) |
| | | | | Order 2011 (S.I. 2011/631) |
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| | Destruction of data relating to a person subject to a control order |
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| To move the following Clause:— |
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| | ‘(1) | This section applies to material falling within subsection (2) relating to a person |
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| | |
| | (a) | has no previous convictions or only one exempt conviction or excluded |
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| | |
| | (b) | is subject to a control order. |
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| | (2) | Material falls within this subsection if it is— |
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| | (a) | fingerprints taken from the person, or |
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| | (b) | a DNA profile derived from a DNA sample taken from the person. |
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| | (3) | The material must be destroyed before the end of the period of two years |
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| | beginning with the date on which the person ceases to be subject to a control |
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| | |
| | (4) | This section ceases to have effect in relation to the material if the person is |
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| | |
| | (a) | in England and Wales or Northern Ireland of a recordable offence, or |
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| | (b) | in Scotland of an offence which is punishable by imprisonment, before |
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| | the material is required to be destroyed by virtue of this section. |
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| | (5) | For the purposes of subsection (1)— |
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| | (a) | a person has no previous convictions if the person has not previously |
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| | |
| | (i) | in England and Wales or Northern Ireland of a recordable |
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| | |
| | (ii) | in Scotland of an offence which is punishable by imprisonment, |
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| | |
| | (b) | if the person has been previously convicted of a recordable offence in |
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| | England and Wales or Northern Ireland, the conviction is exempt if it is |
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| | in respect of a recordable offence other than a qualifying offence, |
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| | committed when the person is aged under 18. |
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| | (6) | For the purposes of that subsection— |
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| | (a) | a person is to be treated as having been convicted of an offence if— |
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| | (i) | he has been given a caution in England and Wales or Northern |
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| | Ireland in respect of the offence which, at the time of the caution, |
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| | |
| | (ii) | he has been warned or reprimanded under section 65 of the |
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| | Crime and Disorder Act 1998 for the offence, and |
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| | (b) | if a person is convicted of more than one offence arising out of a single |
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| | course of action, those convictions are to be treated as a single |
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| | |
| | |
| | (a) | “recordable offence” has, in relation to a conviction in Northern Ireland, |
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| | the meaning given by Article 2(2) of the Police and Criminal Evidence |
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| | (Northern Ireland) Order 1989, and |
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| |
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| | (b) | “qualifying offence” has, in relation to a conviction in respect of a |
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| | recordable offence committed in Northern Ireland, the meaning given by |
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| | Article 53A of that Order.’. |
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| To move the following Clause:— |
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| | ‘(1) | In Schedule 2 to the Data Protection Act 1998 (conditions relevant for purposes |
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| | of the first principle: processing of any personal data) in paragraph 1 after “his” |
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| | there is inserted “explicit”.’. |
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| To move the following Clause:— |
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| | ‘(1) | After section 50 of the Data Protection Act 1998 insert— |
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| | “General Power of Entry and Inspection |
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| | 50A | Power of Commissioner to Enter and Inspect business premises |
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| | (1) | The Commissioner may enter a data controller’s business premises and |
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| | (b) | any equipment found on the premises which is used or intended |
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| | to be used for the processing of personal data, and |
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| | (c) | any document or other material found on the premises which |
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| | may enable the Commissioner to determine whether the data |
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| | controller has complied or is complying with the data protection |
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| | |
| | | if the inspection is reasonably required for the purpose of checking that |
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| | data controller’s compliance with the data protection principles. |
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| | (2) | The powers under this section do not include a power to enter or inspect |
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| | any part of the premises that is used solely as a dwelling. |
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| | (3) | A data controller is not required to produce or permit to be inspected any |
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| | material which is exempt under Part IV of this Act. |
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| |
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| | (4) | Where a document (or a copy of a document) is produced to, or inspected |
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| | by, the Commissioner, he may take copies of, or make extracts from, the |
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| | |
| | (5) | Any person who obstructs the exercise of a power conferred by this |
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| | section is guilty of an offence. |
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| | |
| | (a) | “inspect” in relation to equipment includes the operation or |
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| | testing of that equipment. |
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| | 50B | Carrying out inspections |
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| | (1) | An inspection under section 50A may be carried out at any reasonable |
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| | |
| | (2) | The Commissioner when seeking to carry out an inspection must provide |
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| | a notice in writing as follows— |
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| | (a) | if the occupier of the premises is present at the time the |
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| | inspection is to begin, the notice must be provided to the |
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| | |
| | (b) | if the occupier of the premises is not present but a person who |
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| | appears to the officer to be in charge of the premises is present, |
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| | the notice must be provided to that person, and |
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| | (c) | in any other case, the notice must be left in a prominent place on |
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| | |
| | (3) | The notice referred to in subsection (2) must state the possible |
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| | consequences of obstructing the Commissioner in the exercise of the |
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| To move the following Clause:— |
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| | ‘(1) | In section 13(2) of the Data Protection Act 1998— |
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| | |
| | (b) | leave out paragraphs (a) and (b).’. |
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| |
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| | |
| To move the following Clause:— |
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| |
| |
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| | ‘(1) | The Secretary of State shall appoint a Commissioner to be known as the Privacy |
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| | Commissioner (referred to in this section as “the Commissioner”). |
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| | (2) | It shall be the duty to the Commissioner to promote respect for individual privacy |
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| | |
| | (3) | The Commissioner shall have all the duties and functions set out in— |
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| | (a) | section 51 of the Data Protection Act 1998 (Data Protection |
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| | |
| | (b) | section 57 of the Regulation of Investigatory Powers Act 2000 |
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| | (Interception of Communications Commissioner), |
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| | (c) | section 91 of the Police Act 1997 and section 62 of the Regulation of |
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| | Investigatory Powers Act 2000 (Chief Surveillance Commissioner), |
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| | (d) | section 20 of this Act (Commissioner for the Retention and Use of |
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| | |
| | (e) | section 34 of this Act (Surveillance Camera Commissioner). |
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| | (4) | The Commissioner shall have all the powers which attach to the offices set out in |
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| | |
| | (5) | The Commissioner shall arrange for the dissemination in such form and manner |
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| | as he considers appropriate of such information as it may appear to him expedient |
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| | to give to the public about any matter within the scope of his functions under this |
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| | Act, and may give advice to any person as to any of those matters. |
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| | (6) | Any reference in any enactment, instrument or other document to a person |
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| | carrying out the duties and functions set out in subsection (3) shall be construed, |
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| | in relation to any time after the commencement of this section, as a reference to |
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| | |
| | (7) | Any appointment made to any of the offices set out in subsection (3) is hereby |
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| | |
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| | |
| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | In section 1(1) of the Data Protection Act 1998 (basic interpretative provisions), |
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| | for the definition of “personal data” substitute— |
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| | ““personal data” has the same meaning as in the Data Protection Directive, |
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| | but shall not be taken to mean that the information must be biographical |
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| | in nature, compromise the privacy of the data subject or have the data |
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| | subject as its principal focus.”.’. |
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| |
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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:— |
|
| | ‘(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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| | |
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