(3) A determination under sub-paragraph (2) (“a national security

determination”)—

(a) must be made in writing,

(b) has effect for a maximum of 2 years beginning with the date on

5which the material would (but for this paragraph) first become liable

for destruction under the 1989 Order, and

(c) may be renewed.

(4) Material retained under this paragraph must not be used other than—

(a) in the interests of national security, or

(b) 10for the purposes of a terrorist investigation.

(5) This paragraph has effect despite any provision to the contrary in the 1989

Order.

(6) The reference in sub-paragraph (4) to using material includes a reference to

allowing any check to be made against it and to disclosing it to any person.

(7) 15In this paragraph—

• “the 1989 Order” means the Police and Criminal Evidence (Northern
  
  Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)S.I. 1989/1341 (N.I. 12));

• “DNA profile” means any information derived from a DNA sample;

• “DNA sample” means any material that has come from a human body
  
  20and consists of or includes human cells;

• “terrorist investigation” has the meaning given by section 32 of the
  
  Terrorism Act 2000.

Section 39(2)

SCHEDULE 2 Repeals etc. of powers of entry

25Part 1 Water and Environment

Public Health (Control of Disease) Act 1984

1 (1) Omit section 50 of the Public Health (Control of Disease) Act 1984 (power in

relation to England and Wales to enter and inspect canal boats).

(2) 30This paragraph extends to England and Wales only.

Merchant Shipping Act 1995

2 (1) Omit section 258(4) of the Merchant Shipping Act 1995 (power of surveyor

of ships etc. to enter premises to determine whether provisions or water

intended for UK ships, including government ships, would be in accordance

35with safety regulations).

(2) Sub-paragraph (1) does not apply to section 258(4) of the Act of 1995 so far

as it applies for the purposes of section 256A of that Act (extension of power

of entry to any member of the staff of the Scottish Administration authorised

by the Scottish Ministers).

(3) This paragraph extends to England and Wales, Scotland and Northern

Ireland.

Environment Act 1995

3 (1) Section 108(15) of the Environment Act 1995 (powers of entry etc. of persons

5authorised by enforcing authorities: interpretation) is amended as follows.

(2) After the definition of “authorised person” insert—

• ““domestic property” has the meaning given by section 75(5)(a)
  
  of the Environmental Protection Act 1990;”.

(3) After the definition of “enforcing authority” insert—

• 10““English waste collection authority” has the same meaning as
  
  in section 45A of the Environmental Protection Act 1990;”.

(4) In the definition of “pollution control functions” in relation to a waste

collection authority after “means” insert “—

• (a)

  in relation to an English waste collection authority,
  
  15the functions conferred or imposed on it by or under
  
  Part 2 of the Environmental Protection Act 1990 (other
  
  than sections 45, 45A and 46 of that Act so far as
  
  relating to the collection of household waste from
  
  domestic property); and

  (ii)

  20in relation to any other waste collection authority,”.

(5) This paragraph extends to England and Wales only.

Part 2 Agriculture

Dairy Herd Conversion Premium Regulations 1973 (S.I. 1973/1642S.I. 1973/1642)

4 (1) 25Omit regulation 5 of the Dairy Herd Conversion Premium Regulations 1973

(power of authorised officer to enter land to inspect livestock in respect of

which a premium has been applied for etc.).

(2) Also—

(a) in regulation 2(1) of those Regulations omit the definition of

30“authorised officer”, and

(b) in regulation 7 of those Regulations, omit sub-paragraph (b) and the

word “or” before it.

(3) This paragraph extends to England and Wales only.

Milk (Cessation of Production) Act 1985

5 (1) 35Omit section 2(1) of the Milk (Cessation of Production) Act 1985 (powers of

entry in connection with compensation payments).

(2) Also, in section 3(1) of that Act, omit paragraph (b) and the word “or” before

it.

(3) This paragraph extends to England and Wales only.

Cereals Co-responsibility Levy Regulations 1988 (S.I. 1988/1001S.I. 1988/1001)

6 (1) Omit regulation 8 of the Cereals Co-responsibility Levy Regulations 1988

(power of authorised officer to enter premises used in relation to cereals).

(2) Also—

(a) 5in regulation 9 of those Regulations omit “or 8”, and

(b) in regulation 11(d) of those Regulations for “regulations 7 or 8”

substitute “regulation 7”.

(3) This paragraph extends to England and Wales only.

Oilseeds Producers (Support System) Regulations 1992 (S.I. 1992/695S.I. 1992/695)

7 (1) 10Omit regulation 5 of the Oilseeds Producers (Support System) Regulations

1992 (power of authorised officer to enter and inspect oilseeds producers’

premises).

(2) Also—

(a) in regulation 2(1) of those Regulations omit the definitions of

15“authorised officer”, “oilseeds” and “specified control measure”, and

(b) omit regulations 6, 9 and 10 of those Regulations.

(3) This paragraph extends to England and Wales only.

Older Cattle (Disposal) (England) Regulations 2005 (S.I. 2005/3522S.I. 2005/3522)

8 (1) Omit regulation 5 of the Older Cattle (Disposal) (England) Regulations 2005

20(power of inspector to enter premises for the purposes of ensuring that

regulations are being complied with).

(2) This paragraph extends to England and Wales, Scotland and Northern

Ireland.

Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006

25(S.I. 2006/2821S.I. 2006/2821)

9 (1) Omit regulation 6 of the Salmonella in Turkey Flocks and Slaughter Pigs

(Survey Powers) (England) Regulations 2006 (power of inspector to enter a

turkey holding or slaughterhouse for purposes relating to salmonella).

(2) This paragraph extends to England and Wales, Scotland and Northern

30Ireland.

Part 3 Miscellaneous

Distribution of German Enemy Property (No 1) Order 1950 (S.I. 1950/1642S.I. 1950/1642)

10 (1) Omit article 22 of the Distribution of German Enemy Property (No 1) Order

351950 (power of constable to enter premises under warrant to search for and

seize German enemy property).

(2) This paragraph extends to England and Wales, Scotland and Northern

Ireland.

Hypnotism Act 1952

11 (1) Omit section 4 of the Hypnotism Act 1952 (constable’s power to enter

premises where entertainment is held if there is reasonable cause to believe

that there is a contravention of the Act).

(2) 5This paragraph extends to England and Wales only.

Landlord and Tenant Act 1985

12 (1) Omit section 8(2) of the Landlord and Tenant Act 1985 (power of landlord to

enter premises to view their state and condition).

(2) This paragraph extends to England and Wales only.

10Gas Appliances (Safety) Regulations 1995 (S.I. 1995/1629S.I. 1995/1629)

13 (1) Omit regulation 24(6) of the Gas Appliances (Safety) Regulations 1995

(power of authorised officer to enter premises for the purposes of

surveillance of manufacturer’s compliance with requirements).

(2) This paragraph extends to England and Wales, Scotland and Northern

15Ireland.

Cross-border Railway Services (Working Time) Regulations 2008 (2008/1660)

14 (1) Omit paragraph 2(2)(a), (b) and (c) of Schedule 2 to the Cross-border

Railway Services (Working Time) Regulations 2008 (power of Office of Rail

Regulation’s inspector to enter premises for the purpose of carrying the

20regulations into effect).

(2) This paragraph extends to England and Wales and Scotland only.

Payment Services Regulations 2009 (S.I. 2009/209S.I. 2009/209)

15 (1) Omit regulation 83 of the Payment Services Regulations 2009 (power of an

officer of the Financial Services Authority to enter premises used in relation

25to payment services).

(2) This paragraph extends to England and Wales, Scotland and Northern

Ireland.

Section 53

SCHEDULE 3 Corresponding code of practice for Welsh devolved powers of entry

30Code of practice

1 (1) The Welsh Ministers may prepare a code of practice containing guidance

about the exercise of—

(a) powers of entry, or

(b) associated powers,

35in relation to matters within the legislative competence of the National

Assembly for Wales.

(2) Such a code may, in particular, include provision about—

(a) considerations before exercising, or when exercising, any such

powers,

(b) considerations after exercising any such powers (such as the

5retention of records, or the publication of information, about the

exercise of any such powers).

(3) Such a code—

(a) need not contain provision about every type of power of entry or

associated power,

(b) 10may make different provision for different purposes.

(4) In the course of preparing such a code in relation to any powers, the Welsh

Ministers must consult—

(a) such persons appearing to the Welsh Ministers to be representative

of the views of persons entitled to exercise the powers concerned as

15the Welsh Ministers consider appropriate, and

(b) such other persons as the Welsh Ministers consider appropriate.

Issuing of code

2 (1) The Welsh Ministers must lay before the National Assembly for Wales—

(a) any code of practice prepared under paragraph 1, and

(b) 20a draft of any order providing for the code to come into force.

(2) The Welsh Ministers may make the order and issue the code if the draft of

the order is approved by a resolution of the National Assembly for Wales.

(3) The Welsh Ministers must not make the order or issue the code unless the

draft of the order is so approved.

(4) 25The Welsh Ministers may prepare another code of practice under paragraph

1 if the draft of the order is not so approved.

(5) A code comes into force in accordance with an order under this paragraph.

(6) Such an order—

(a) is to be a statutory instrument, and

(b) 30may contain transitional, transitory or saving provision.

Alteration or replacement of code

3 (1) The Welsh Ministers—

(a) must keep the devolved powers of entry code under review, and

(b) may prepare an alteration to the code or a replacement code.

(2) 35Before preparing an alteration or a replacement code in relation to any

powers, the Welsh Ministers must consult—

(a) such persons appearing to the Welsh Ministers to be representative

of the views of persons entitled to exercise the powers concerned as

the Welsh Ministers consider appropriate, and

(b) 40such other persons as the Welsh Ministers consider appropriate.

(3) The Welsh Ministers must lay before the National Assembly for Wales an

alteration or a replacement code prepared under this paragraph.

(4) If, within the 40-day period, the National Assembly for Wales resolves not

to approve the alteration or the replacement code, the Welsh Ministers must

not issue the alteration or code.

(5) If no such resolution is made within that period, the Welsh Ministers must

5issue the alteration or replacement code.

(6) The alteration or replacement code—

(a) comes into force when issued, and

(b) may include transitional, transitory or saving provision.

(7) Sub-paragraph (4) does not prevent the Welsh Ministers from laying a new

10alteration or replacement code before the National Assembly for Wales.

(8) In this paragraph “the 40-day period” means the period of 40 days beginning

with the day on which the replacement code is laid before the National

Assembly for Wales.

(9) In calculating the 40-day period, no account is to be taken of—

(a) 15any period during which the National Assembly for Wales is

dissolved, and

(b) any period of more than four days during which the National

Assembly for Wales is in recess.

(10) In this paragraph “the devolved powers of entry code” means any code of

20practice issued under paragraph 2(2) (as altered or replaced from time to

time).

Publication of code

4 (1) The Welsh Ministers must publish any code issued under paragraph 2(2).

(2) The Welsh Ministers must publish any replacement code issued under

25paragraph 3(5).

(3) The Welsh Ministers must publish—

(a) any alteration issued under paragraph 3(5), or

(b) the code or replacement code as altered by it.

Effect of code

5 (1) 30A relevant person must have regard to the devolved powers of entry code

when exercising any functions to which the code relates.

(2) A failure on the part of any person to act in accordance with any provision

of the devolved powers of entry code does not of itself make that person

liable to criminal or civil proceedings.

(3) 35The devolved powers of entry code is admissible in evidence in any such

proceedings.

(4) A court or tribunal may, in particular, take into account a failure by a

relevant person to have regard to the devolved powers of entry code in

determining a question in any such proceedings.

(5) 40In this paragraph “relevant person” means any person specified or described

by the Welsh Ministers in an order made by statutory instrument.

(6) An order under sub-paragraph (5) may, in particular—

(a) restrict the specification or description of a person to that of the

person when acting in a specified capacity or exercising specified or

described functions,

(b) 5contain transitional, transitory or saving provision.

(7) So far as an order under sub-paragraph (5) contains a restriction of the kind

mentioned in sub-paragraph (6)(a) in relation to a person, the duty in sub-

paragraph (1) applies only to the person in that capacity or (as the case may

be) only in relation to those functions.

(8) 10Before making an order under sub-paragraph (5) in relation to any person or

description of persons, the Welsh Ministers must consult such persons

appearing to the Welsh Ministers to be representative of the views of the

person or persons in relation to whom the order may be made as the Welsh

Ministers consider appropriate.

(9) 15An instrument containing an order under sub-paragraph (5) is subject to

annulment in pursuance of a resolution of the National Assembly for Wales.

Interpretation

6 In this Schedule—

• “the devolved powers of entry code” has the meaning given by
  
  20paragraph 3(10),

• “power of entry” and “associated power” have the meaning given by
  
  section 46.

Section 56

SCHEDULE 4 Recovery of unpaid parking charges

25Introductory

1 (1) This Schedule applies where—

(a) the driver of a vehicle is required by a relevant contract to pay

parking charges in respect of the parking of the vehicle on relevant

land; and

(b) 30those charges have not been paid or have only been partly paid.

(2) It is immaterial for the purposes of this Schedule whether or not the vehicle

was permitted to be parked (or to remain parked) on the land.

2 In this Schedule—

• “the appropriate national authority” means—

  (a)

  35in relation to relevant land in England, the Secretary of State;
  
  and

  (b)

  in relation to relevant land in Wales, the Welsh Ministers;

• “the creditor” means a person who is for the time being entitled to claim
  
  unpaid parking charges from the driver of the vehicle;

• 40“current address for service” has the meaning given by paragraph 5(3)
  
  (for the driver) or paragraph 7(5) (for the keeper);

Protection of Freedoms BillPage 107

• “driver” includes, where more than one person is engaged in the
  
  driving of the vehicle, any person so engaged;

• “keeper” means the person by whom the vehicle is kept at the time the
  
  vehicle was parked, which in the case of a registered vehicle is to be
  
  5presumed, unless the contrary is proved, to be the registered keeper;

• “parking charge” means a fee or charge (however described) required
  
  to be paid by the driver of the vehicle under the terms of the relevant
  
  contract in respect of the parking of the vehicle on the land;

• “registered keeper”, in relation to a registered vehicle, means the
  
  10person in whose name the vehicle is registered;

• “registered vehicle” means a vehicle which is for the time being
  
  registered under the Vehicle Excise and Registration Act 1994;

• “relevant contract” means a contract (including a contract arising only
  
  when the vehicle was parked on the land) between the driver and a
  
  15person who is—

  (a)

  the owner or occupier of the land; or

  (b)

  authorised, under or by virtue of arrangements made by the
  
  owner or occupier of the land, to enter into a contract with the
  
  driver requiring the payment of parking charges in respect of
  
  20the parking of the vehicle on the land;

• “relevant land” has the meaning given by paragraph 3;

• “unpaid parking charges” means parking charges which have not been
  
  paid or, where they have been paid in part, the part that has not been
  
  paid;

• 25“vehicle” means a mechanically-propelled vehicle or a vehicle designed
  
  or adapted for towing by a mechanically-propelled vehicle.

3 (1) In this Schedule “relevant land” means any land (including land above or

below ground level) other than—

(a) a highway maintainable at the public expense (within the meaning

30of section 329(1) of the Highways Act 1980);

(b) a parking place which is provided or controlled by a traffic authority;

(c) any land (not falling within paragraph (a) or (b)) on which the

parking of a vehicle is subject to statutory control.

(2) In sub-paragraph (1)(b)—

• 35“parking place” has the meaning given by section 32(4)(b) of the Road
  
  Traffic Regulation Act 1984;

• “traffic authority” means each of the following—

  (a)

  the Secretary of State;

  (b)

  the Welsh Ministers;

  (c)

  40Transport for London;

  (d)

  the Common Council of the City of London;

  (e)

  the council of a county, county borough, London borough or
  
  district;

  (f)

  a parish or community council;

  (g)

  45the Council of the Isles of Scilly.

(3) For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is

“subject to statutory control” if any statutory provision imposes a liability

(whether criminal or civil, and whether in the form of a fee or charge or a

penalty of any kind) in respect of the parking on that land of vehicles

generally or of vehicles of a description that includes the vehicle in question.

(4) In sub-paragraph (3) “statutory provision” means any provision (apart from

this Schedule) contained in—

(a) 5any Act (including a local or private Act), whenever passed; or

(b) any subordinate legislation, whenever made,

and for this purpose “subordinate legislation” means an Order in Council or

any order, regulations, byelaws or other legislative instrument.

Right to claim unpaid parking charges from keeper of vehicle

4 (1) 10The creditor has the right to claim payment of any unpaid parking charges

from the keeper of the vehicle.

(2) That right applies only if—

(a) the conditions in paragraphs 5 and 6 are met; and

(b) in the case of a registered vehicle, the condition in paragraph 7 is also

15met.

(3) That right may not be exercised in relation to a vehicle if, at the beginning of

the period of parking to which the unpaid parking charges relate, the vehicle

is a stolen vehicle.

(4) The vehicle is to be presumed not to be a stolen vehicle at that time, unless

20the contrary is proved.

(5) For the purposes of sub-paragraphs (3) and (4), a vehicle is a stolen vehicle

at that time only if—

(a) the vehicle has been stolen, and has not been recovered before that

time; and

(b) 25any requirements that apply for the purposes of this sub-paragraph

have been complied with by that time.

(6) The requirements that apply for the purposes of sub-paragraph (5) are the

same as those (if any) that apply for the purposes of section 31B(4)(c) of the

Vehicle Excise and Registration Act 1994, as prescribed in regulations under

30section 31B(6) of that Act (persons to whom, the times at which and the

manner in which the theft of a vehicle is to be notified).

(7) The maximum sum which may be claimed from the keeper by virtue of the

right conferred by this paragraph is the amount specified in the notice to the

driver under paragraph 6(2)(d), less any payments towards the unpaid

35parking charges which are received after the notice is given.

(8) Nothing in this paragraph affects any other remedy the creditor may have

against the keeper of the vehicle or any other person in respect of any unpaid

parking charges (but this is not to be read as permitting double recovery).

Conditions that must be met for purposes of paragraph 4

5 (1) 40The first condition is that the creditor—

(a) has the right to enforce against the driver of the vehicle the terms of

the relevant contract which require the unpaid parking charges to be

paid; but

(b) is unable to enforce those terms against the driver because the

creditor does not know both the name of the driver and a current

address for service for the driver.

(2) The first condition continues to apply unless and until the unpaid parking

5charges are paid.

(3) In this paragraph “current address for service” means an address at which

documents relating to civil proceedings against the driver to enforce

payment under the relevant contract could properly be served under Civil

Procedure Rules.

6 (1) 10The second condition is that—

(a) a notice that contains the information specified in sub-paragraph (2)

(a “notice to the driver”) has been given to the driver by or on behalf

of the creditor; and

(b) at least 28 days have elapsed beginning with the day on which the

15notice was so given.

(2) The notice must—

(a) state that by virtue of a contract the driver is required to pay parking

charges in respect of the parking of the vehicle on the land on such

day or days as the notice may specify;

(b) 20describe the circumstances in which the contract was formed, the

terms which require the driver to pay those charges and the facts that

make them payable;

(c) state that the parking charges in question have not been paid (or paid

in full);

(d) 25state the total amount of unpaid parking charges due from the driver

(as at such time as may be specified in the notice, which must be no

later than the time specified under paragraph (g));

(e) inform the driver of any discount offered for prompt payment and

any arrangements for the resolution of disputes or complaints that

30are made available to the driver;

(f) specify how and to whom payment may be made;

(g) state the time and date on which the notice was issued.

(3) A notice to the driver must be given before the vehicle is removed from the

land in question (and while it is stationary) by affixing it to the vehicle or by

35handing it to a person appearing to be in charge of the vehicle.

(4) A notice to the driver may relate to charges incurred over a period of more

than one day; but the same notice may not deal with unpaid parking charges

relating to more than one period of parking.

7 (1) The third condition applies only to registered vehicles.

(2) 40The third condition is that—

(a) the creditor (or a person acting for or on behalf of the creditor) has

applied to the Secretary of State for the name and address of the

registered keeper of the vehicle to be provided to the applicant by

virtue of regulations made under section 22(1)(c) of the Vehicle

45Excise and Registration Act 1994,

(b) the Secretary of State has provided that information to the applicant,

and