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| |
| | |
| | |
| |
| | | (2C) | Where a public authority intends to charge a fee (whether in accordance with |
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| | | regulations under section 11B or as mentioned in subsection (2B)) in connection |
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| | | with making a relevant copyright work available for re-use by an applicant, the |
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| | | authority must give the applicant a notice in writing (in this section referred to as |
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| | | a “re-use fee notice”) stating that a fee of an amount specified in, or determined |
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| | | in accordance with, the notice is to be charged by the authority in connection with |
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| | | complying with subsection (2). |
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| | | (2D) | Where a re-use fee notice has been given to the applicant, the public authority is |
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| | | not obliged to comply with subsection (2) while any part of the fee which is |
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| | | required to be paid is unpaid. |
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| | | (2E) | Where a public authority intends to charge a fee as mentioned in subsection (2B), |
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| | | the re-use fee notice may be combined with any other notice which is to be given |
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| | | under the power which enables the fee to be charged.’. |
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| | |
| | | |
| | Page 79, line 20 [Clause 98], at end insert— |
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| | | 11B | Power to charge fees in relation to release of datasets for re-use |
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| | | (1) | The Secretary of State may, with the consent of the Treasury, make provision by |
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| | | regulations about the charging of fees by public authorities in connection with |
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| | | making relevant copyright works available for re-use under section 11A(2) or by |
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| | | virtue of section 19(2A)(c). |
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| | | (2) | Regulations under this section may, in particular— |
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| | | (a) | prescribe cases in which fees may, or may not, be charged, |
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| | | (b) | prescribe the amount of any fee payable or provide for any such amount |
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| | | to be determined in such manner as may be prescribed, |
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| | | (c) | prescribe, or otherwise provide for, times at which fees, or parts of fees, |
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| | | |
| | | (d) | require the provision of information about the manner in which amounts |
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| | | |
| | | (e) | make different provision for different purposes. |
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| | | (3) | Regulations under this section may, in prescribing the amount of any fee payable |
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| | | or providing for any such amount to be determined in such manner as may be |
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| | | prescribed, provide for a reasonable return on investment. |
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| | | (4) | In this section “relevant copyright work” has the meaning given by section |
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| | | |
| | |
| | | |
| | Page 79, line 40 [Clause 98], at end insert— |
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| | | ‘(2B) | The public authority may exercise any power that it has by virtue of regulations |
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| | | under section 11B to charge a fee in connection with making the relevant |
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| | | copyright work available for re-use in accordance with a requirement imposed by |
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| | | virtue of subsection (2A)(c). |
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| | | (2C) | Nothing in this section or section 11B prevents a public authority which is subject |
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| | | to such a requirement from exercising any power that it has by or under an |
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| | | enactment other than this Act to charge a fee in connection with making the |
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| | | relevant copyright work available for re-use. |
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| | | (2D) | Where a public authority intends to charge a fee (whether in accordance with |
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| | | regulations under section 11B or as mentioned in subsection (2C)) in connection |
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| | | with making a relevant copyright work available for re-use by an applicant, the |
|
| | | authority must give the applicant a notice in writing (in this section referred to as |
|
|
| |
| | |
| | |
| |
| | | a “re-use fee notice”) stating that a fee of an amount specified in, or determined |
|
| | | in accordance with, the notice is to be charged by the authority in connection with |
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| | | complying with the requirement imposed by virtue of subsection (2A)(c). |
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| | | (2E) | Where a re-use fee notice has been given to the applicant, the public authority is |
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| | | not obliged to comply with the requirement imposed by virtue of subsection |
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| | | (2A)(c) while any part of the fee which is required to be paid is unpaid. |
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| | | (2F) | Where a public authority intends to charge a fee as mentioned in subsection (2C), |
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| | | the re-use fee notice may be combined with any other notice which is to be given |
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| | | under the power which enables the fee to be charged.’. |
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| | |
| | | |
| | Page 87, line 14 [Clause 111], after ‘Schedule 8’ insert ‘and section (Tax in |
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| | connection with transfer schemes)’. |
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| | |
| | | |
| | Page 88, line 4 [Clause 111], at end insert— |
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| | | ‘(fa) | section (Tax in connection with transfer schemes),’. |
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| | |
| | | |
| | Page 88, line 8 [Clause 111], leave out ‘Part 2’ and insert ‘Parts 1A, 2 and 6A’. |
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| | |
| | | |
| | Page 88, line 36 [Clause 112], at end insert— |
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| | | ‘(za) | sections 85 to 87 and section (Tax in connection with transfer schemes),’. |
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| | |
| | | |
| | Page 90, line 24 [Schedule 1], at end insert— |
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| | | ‘(da) | any of the fingerprints, data or samples obtained under paragraph 1 or |
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| | | 4 of Schedule 6 to the Terrorism Prevention and Investigation |
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| | | Measures Act 2011, or information derived from such samples,’. |
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| | |
| | | |
| | Page 95, line 31 [Schedule 1], at end insert— |
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| | | ‘(1A) | Subject to sub-paragraph (1), a relevant search (within the meaning given by |
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| | | paragraph 20A(6)) may be carried out in relation to material to which |
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| | | paragraph 20A or 20G applies if the responsible chief officer of police |
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| | | considers the search to be desirable.’. |
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| | |
| | | |
| | Page 96, line 10 [Schedule 1], after ‘(1)’ insert ‘, (1A)’. |
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| | |
| | | |
| | Page 97, line 16 [Schedule 1], leave out ‘paragraph 20H’ and insert ‘a relevant |
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| | search (within the meaning given by paragraph 20A(6)) or for the purposes of’. |
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| |
| | |
| | |
| |
| | |
| | | |
| | Page 100, line 18 [Schedule 1], at end insert— |
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| | | ‘(1A) | Subject to subsection (1), section 18 material may be checked against other |
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| | | fingerprints, DNA samples or DNA profiles held by a law enforcement authority |
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| | | or the Scottish Police Services Authority if the responsible officer considers the |
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| | | |
| | |
| | | |
| | Page 103, line 6 [Schedule 1], at end insert— |
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| | | |
| | | Material subject to the Terrorism Prevention and Investigation Measures |
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| | | |
| | | 4A | After paragraph 10(2) of Schedule 6 to the Terrorism Prevention and |
|
| | | Investigation Measures Act 2011(fingerprints and samples) insert— |
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| | | “(2A) | But a person is not to be treated as having been convicted of an |
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| | | offence if that conviction is a disregarded conviction or caution by |
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| | | virtue of section 88 of the Protection of Freedoms Act 2011.”’ |
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| | |
| | | |
| | Page 113, line 11 [Schedule 4], leave out ‘a relevant contract’ and insert ‘virtue of |
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| | |
| | |
| | | |
| | Page 113, line 14 [Schedule 4], leave out ‘or have only been partly paid’ and insert |
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| | |
| | |
| | | |
| | Page 113, line 22 [Schedule 4], leave out ‘claim’ and insert ‘recover’. |
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| | |
| | | |
| | Page 113, line 24 [Schedule 4], leave out from ‘service”’ to end of line 25 and |
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| | |
| | | (a) | in the case of the keeper, an address which is either— |
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| | | (i) | an address at which documents relating to civil proceedings |
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| | | could properly be served on the person concerned under Civil |
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| | | |
| | | (ii) | the keeper’s registered address (if there is one); or |
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| | | (b) | in the case of the driver, an address at which the driver for the time |
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| | | being resides or can conveniently be contacted;’. |
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| | |
| | | |
| | Page 113, line 30 [Schedule 4], at end insert— |
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| | | ‘“notice to driver” means a notice given in accordance with paragraph 6A; |
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| |
| | |
| | |
| |
| | | “notice to keeper” means a notice given in accordance with paragraph 6B or |
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| | | 6C (as the case may be);’. |
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| | |
| | | |
| | Page 113, line 31 [Schedule 4], leave out from ‘charge”’ to end of line 33 and |
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| | |
| | | |
| | | (c) | in the case of a relevant obligation arising under the terms of a |
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| | | relevant contract, means a sum in the nature of a fee or charge, |
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| | | |
| | | (d) | in the case of a relevant obligation arising as a result of a trespass |
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| | | or other tort, means a sum in the nature of damages, |
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| | | however the sum in question is described;’. |
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| | |
| | | |
| | Page 113, line 33 [Schedule 4], at end insert— |
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| | | ‘“registered address” means, in relation to the keeper of a registered vehicle, |
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| | | the address described in paragraph 7(3)(b) (as provided by the Secretary |
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| | | of State in response to the application for the keeper’s details required by |
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| | | |
| | |
| | | |
| | Page 113, line 39 [Schedule 4], after ‘on the’ insert ‘relevant’. |
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| | |
| | | |
| | Page 114, line 3 [Schedule 4], at end insert— |
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| | | ‘“relevant obligation” means— |
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| | | (e) | an obligation arising under the terms of a relevant contract; or |
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| | | (f) | an obligation arising, in any circumstances where there is no |
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| | | relevant contract, as a result of a trespass or other tort committed |
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| | | by parking the vehicle on the relevant land;’. |
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| | |
| | | |
| | Page 114 [Schedule 4], leave out lines 4 to 6. |
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| | |
| | | |
| | Page 114, line 8 [Schedule 4], at end insert— |
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| | | ‘(2) | The reference in the definition of “parking charge” to a sum in the nature of |
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| | | damages is to a sum of which adequate notice was given to drivers of vehicles |
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| | | (when the vehicle was parked on the relevant land). |
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| | | (3) | For the purposes of sub-paragraph (2) “adequate notice” means notice given |
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| | | |
| | | (a) | the display of one or more notices in accordance with any applicable |
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| | | requirements prescribed in regulations under paragraph 7A for, or for |
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| | | purposes including, the purposes of sub-paragraph (2); or |
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| |
| | |
| | |
| |
| | | (b) | where no such requirements apply, the display of one or more notices |
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| | | |
| | | (i) | specify the sum as the charge for unauthorised parking; and |
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| | | (ii) | are adequate to bring the charge to the notice of drivers who |
|
| | | park vehicles on the relevant land.’. |
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| | |
| | | |
| | Page 114, line 40 [Schedule 4], leave out ‘claim payment of’ and insert ‘recover’. |
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| | |
| | | |
| | Page 114, line 42 [Schedule 4], leave out sub-paragraphs (2) to (6) and insert— |
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| | | ‘(2) | The right under this paragraph applies only if— |
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| | | (a) | the conditions specified in paragraphs 5, 6, 7 and 7A (so far as |
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| | | |
| | | (b) | the vehicle was not a stolen vehicle at the beginning of the period of |
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| | | parking to which the unpaid parking charges relate. |
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| | | (3) | For the purposes of the condition in sub-paragraph (2)(b), the vehicle is to be |
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| | | presumed not to be a stolen vehicle at the material time, unless the contrary is |
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| | | |
| | | (4) | The right under this paragraph may only be exercised after the end of the |
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| | | period of 28 days beginning with the day on which the notice to keeper is |
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| | | |
| | |
| | | |
| | Page 115, line 17 [Schedule 4], leave out ‘claimed’ and insert ‘recovered’. |
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| | |
| | | |
| | Page 115, line 18 [Schedule 4], leave out ‘the driver under paragraph 6(2)(d) less’ |
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| | and insert ‘keeper under paragraph 6B(2)(c) or (d) or, as the case may be, 6C(2)(d) (less’. |
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| | |
| | | |
| | Page 115, line 20 [Schedule 4], leave out ‘notice is given’ and insert ‘time so |
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| | |
| | |
| | | |
| | Page 115, line 26 [Schedule 4], leave out from ‘vehicle’ to ‘but’ in line 28 and |
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| | insert ‘the requirement to pay the unpaid parking charges;’. |
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| | |
| | | |
| | Page 115, line 29 [Schedule 4], leave out ‘enforce those terms’ and insert ‘take |
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| | steps to enforce that requirement’. |
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| | |
| | | |
| | Page 115, line 32 [Schedule 4], leave out sub-paragraph (2) and insert— |
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|
| |
| | |
| | |
| |
| | | ‘(2) | Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period |
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| | | of 28 days beginning with the day on which the notice to keeper is given) the |
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| | | creditor begins proceedings to recover the unpaid parking charges from the |
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| | | |
| | |
| | | |
| | Page 115, line 34 [Schedule 4], leave out sub-paragraph (3). |
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| | |
| | | |
| | Page 115, line 38 [Schedule 4], leave out paragraph 6 and insert— |
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| | | ‘6 (1) | The second condition is that the creditor (or a person acting for or on behalf of |
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| | | |
| | | (a) | has given a notice to driver in accordance with paragraph 6A, followed |
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| | | by a notice to keeper in accordance with paragraph 6B; or |
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| | | (b) | has given a notice to keeper in accordance with paragraph 6C. |
|
| | | (2) | If a notice to driver has been given, any subsequent notice to keeper must be |
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| | | given in accordance with paragraph 6B. |
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| | | 6A (1) | A notice which is to be relied on as a notice to driver for the purposes of |
|
| | | paragraph 6(1)(a) is given in accordance with this paragraph if the following |
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| | | |
| | | |
| | | (a) | specify the vehicle, the relevant land on which it was parked and the |
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| | | period of parking to which the notice relates; |
|
| | | (b) | inform the driver of the requirement to pay parking charges in respect |
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| | | of the specified period of parking and describe those charges, the |
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| | | circumstances in which the requirement arose (including the means by |
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| | | which it was brought to the attention of drivers) and the other facts that |
|
| | | made those charges payable; |
|
| | | (c) | inform the driver that the parking charges relating to the specified |
|
| | | period of parking have not been paid in full and specify the total |
|
| | | amount of the unpaid parking charges relating to that period, as at a |
|
| | | |
| | | (i) | specified in the notice; and |
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| | | (ii) | no later than the time specified under paragraph (f); |
|
| | | (d) | inform the driver of any discount offered for prompt payment and the |
|
| | | arrangements for the resolution of disputes or complaints that are |
|
| | | |
| | | (e) | identify the creditor and specify how and to whom payment may be |
|
| | | |
| | | (f) | specify the time when the notice is given and the date. |
|
| | | (3) | The notice must relate only to a single period of parking specified under sub- |
|
| | | paragraph (2)(a) (but this does not prevent the giving of separate notices each |
|
| | | specifying different parts of a single period of parking). |
|
| | | (4) | The notice must be given— |
|
| | | (a) | before the vehicle is removed from the relevant land after the end of |
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| | | the period of parking to which the notice relates, and |
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| | | (b) | while the vehicle is stationary, |
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| | | | by affixing it to the vehicle or by handing it to a person appearing to be in |
|
| | | |
|
| |
| | |
| | |
| |
| | | 6B (1) | A notice which is to be relied on as a notice to keeper for the purposes of |
|
| | | paragraph 6(1)(a) is given in accordance with this paragraph if the following |
|
| | | |
| | | |
| | | (a) | specify the vehicle, the relevant land on which it was parked and the |
|
| | | period of parking to which the notice relates; |
|
| | | (b) | inform the keeper that the driver is required to pay parking charges in |
|
| | | respect of the specified period of parking and that the parking charges |
|
| | | have not been paid in full; |
|
| | | (c) | state that a notice to driver relating to the specified period of parking |
|
| | | has been given and repeat the information in that notice as required by |
|
| | | paragraph 6A(2)(b), (c) and (f); |
|
| | | (d) | if the unpaid parking charges specified in that notice to driver as |
|
| | | required by paragraph 6A(2)(c) have been paid in part, specify the |
|
| | | amount that remains unpaid, as at a time which is— |
|
| | | (i) | specified in the notice to keeper, and |
|
| | | (ii) | no later than the end of the day before the day on which the |
|
| | | notice is either sent by post or, as the case may be, handed to |
|
| | | or left at a current address for service for the keeper (see sub- |
|
| | | |
| | | (e) | state that the creditor does not know both the name of the driver and a |
|
| | | current address for service for the driver and invite the keeper— |
|
| | | (i) | to pay the unpaid parking charges; or |
|
| | | (ii) | if the keeper was not the driver of the vehicle, to notify the |
|
| | | creditor of the name of the driver and a current address for |
|
| | | service for the driver and to pass the notice on to the driver; |
|
| | | (f) | warn the keeper that if, at the end of the period of 28 days beginning |
|
| | | with the day after that on which the notice to keeper is given— |
|
| | | (i) | the amount of the unpaid parking charges (as specified under |
|
| | | paragraph (c) or (d)) has not been paid in full, and |
|
| | | (ii) | the creditor does not know both the name of the driver and a |
|
| | | current address for service for the driver, |
|
| | | | the creditor will (if all the applicable conditions under this Schedule |
|
| | | are met) have the right to recover from the keeper so much of that |
|
| | | amount as remains unpaid; |
|
| | | (g) | inform the keeper of any discount offered for prompt payment and the |
|
| | | arrangements for the resolution of disputes or complaints that are |
|
| | | |
| | | (h) | identify the creditor and specify how and to whom payment or |
|
| | | notification to the creditor may be made; |
|
| | | (i) | specify the date on which the notice is sent (if it is sent by post) or |
|
| | | given (in any other case). |
|
| | | (3) | The notice must relate only to a single period of parking specified under sub- |
|
| | | paragraph (2)(a) (but this does not prevent the giving of separate notices which |
|
| | | each specify different parts of a single period of parking). |
|
| | | (4) | The notice must be given by— |
|
| | | (a) | handing it to the keeper, or leaving it at a current address for service |
|
| | | for the keeper, within the relevant period; or |
|
| | | (b) | sending it by post to a current address for service for the keeper so that |
|
| | | it is delivered to that address within the relevant period. |
|
| | | (5) | The relevant period for the purposes of sub-paragraph (4) is the period of 28 |
|
| | | days following the period of 28 days beginning with the day after that on which |
|
| | | the notice to driver was given. |
|
|
