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| |
| |
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| | (6) | A notice sent by post is to be presumed, unless the contrary is proved, to have |
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| | been delivered (and so “given” for the purposes of sub-paragraph (4)) on the |
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| | second working day after the day on which it is posted; and for this purpose |
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| | “working day” means any day other than a Saturday, Sunday or a public |
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| | holiday in England and Wales. |
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| | (7) | When the notice is given it must be accompanied by any evidence prescribed |
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| | |
| | 6C (1) | A notice which is to be relied on as a notice to keeper for the purposes of |
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| | paragraph 6(1)(b) 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; |
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| | (b) | inform the keeper that the driver is required to pay parking charges in |
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| | respect of the specified period of parking and that the parking charges |
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| | have not been paid in full; |
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| | (c) | describe the parking charges due from the driver as at the end of that |
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| | period, the circumstances in which the requirement to pay them arose |
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| | (including the means by which the requirement was brought to the |
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| | attention of drivers) and the other facts that made them payable; |
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| | (d) | specify the total amount of those parking charges that are unpaid, as at |
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| | |
| | (i) | specified in the notice; and |
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| | (ii) | no later than the end of the day before the day on which the |
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| | notice is either sent by post or, as the case may be, handed to |
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| | or left at a current address for service for the keeper (see sub- |
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| | |
| | (e) | state that the creditor does not know both the name of the driver and a |
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| | current address for service for the driver and invite the keeper— |
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| | (i) | to pay the unpaid parking charges; or |
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| | (ii) | if the keeper was not the driver of the vehicle, to notify the |
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| | creditor of the name of the driver and a current address for |
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| | service for the driver and to pass the notice on to the driver; |
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| | (f) | warn the keeper that if, after the period of 28 days beginning with the |
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| | day after that on which the notice is given— |
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| | (i) | the amount of the unpaid parking charges specified under |
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| | paragraph (d) has not been paid in full, and |
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| | (ii) | the creditor does not know both the name of the driver and a |
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| | current address for service for the driver, |
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| | | the creditor will (if all the applicable conditions under this Schedule |
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| | are met) have the right to recover from the keeper so much of that |
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| | amount as remains unpaid; |
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| | (g) | inform the keeper of any discount offered for prompt payment and the |
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| | arrangements for the resolution of disputes or complaints that are |
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| | |
| | (h) | identify the creditor and specify how and to whom payment or |
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| | notification to the creditor may be made; |
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| | (i) | specify the date on which the notice is sent (where it is sent by post) |
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| | or given (in any other case). |
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| | (3) | The notice must relate only to a single period of parking specified under sub- |
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| | paragraph (2)(a) (but this does not prevent the giving of separate notices which |
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| | each specify different parts of a single period of parking). |
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| | (4) | The notice must be given by— |
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|
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| |
| |
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| | (a) | handing it to the keeper, or leaving it at a current address for service |
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| | for the keeper, within the relevant period; or |
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| | (b) | sending it by post to a current address for service for the keeper so that |
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| | it is delivered to that address within the relevant period. |
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| | (5) | The relevant period for the purposes of sub-paragraph (4) is the period of 14 |
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| | days beginning with the day after that on which the specified period of parking |
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| | |
| | (6) | A notice sent by post is to be presumed, unless the contrary is proved, to have |
|
| | been delivered (and so “given” for the purposes of sub-paragraph (4)) on the |
|
| | second working day after the day on which it is posted; and for this purpose |
|
| | “working day” means any day other than a Saturday, Sunday or a public |
|
| | holiday in England and Wales. |
|
| | (7) | When the notice is given it must be accompanied by any evidence prescribed |
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| | |
| | 6D (1) | The appropriate national authority may by regulations made by statutory |
|
| | instrument prescribe evidence which must accompany a notice which is to be |
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| | relied on as a notice to keeper for the purposes of paragraph 6(1)(a) or |
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| | paragraph 6(1)(b) (as the case may be). |
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| | (2) | The regulations may in particular make provision as to— |
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| | (a) | the means by which any prescribed evidence is to be generated or |
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| | otherwise produced (which may include a requirement to use |
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| | equipment of a kind approved for the purpose by a person specified in |
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| | |
| | (b) | the circumstances in which any evidence is, or is not, required to |
|
| | accompany a notice to keeper. |
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| | |
| | (a) | include incidental, supplementary, transitional, transitory or saving |
|
| | |
| | (b) | make different provision for different purposes.’. |
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| |
| | |
| Page 116, line 23 [Schedule 4], leave out paragraph 7 and insert— |
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| | ‘7 (1) | The third condition is that— |
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| | (a) | the creditor (or a person acting for or on behalf of the creditor) has |
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| | made an application for the keeper’s details in relation to the period of |
|
| | parking to which the unpaid parking charges relate; |
|
| | (b) | the application was made during the relevant period for the purposes |
|
| | of paragraph 6B(4) (where a notice to driver has been given) or 6C(4) |
|
| | (where no notice to driver has been given); |
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| | (c) | the information sought by the application is provided by the Secretary |
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| | of State to the applicant. |
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| | (2) | The third condition only applies if the vehicle is a registered vehicle. |
|
| | (3) | In this paragraph “application for the keeper’s details” means an application |
|
| | for the following information to be provided to the applicant by virtue of |
|
| | regulations made under section 22(1)(c) of the Vehicle Excise and Registration |
|
| | |
| | (a) | the name of the registered keeper of the vehicle during the period of |
|
| | parking to which the unpaid parking charges relate; and |
|
| | (b) | the address of that person as it appears on the register (or, if that person |
|
| | has ceased to be the registered keeper, as it last appeared on the |
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| | |
|
|
| |
| |
|
| |
| | |
| Page 117, line 2 [Schedule 4], at end insert— |
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| | ‘7A(1) | The fourth condition is that any applicable requirements prescribed under this |
|
| | paragraph were met at the beginning of the period of parking to which the |
|
| | unpaid parking charges relate. |
|
| | (2) | The appropriate national authority may by regulations made by statutory |
|
| | instrument prescribe requirements as to the display of notices on relevant land |
|
| | where parking charges may be incurred in respect of the parking of vehicles on |
|
| | |
| | (3) | The provision made under sub-paragraph (2) may, in particular, include |
|
| | |
| | (a) | requiring notices of more than one kind to be displayed on any relevant |
|
| | |
| | (b) | as to the content or form of any notices required to be displayed; and |
|
| | (c) | as to the location of any notices required to be displayed. |
|
| | (4) | Regulations under this paragraph may— |
|
| | (a) | include incidental, supplementary, transitional, transitory or saving |
|
| | |
| | (b) | make different provision for different areas or purposes.’. |
|
| |
| | |
| Page 117 [Schedule 4], leave out lines 17 to 34 and insert— |
|
| | ‘9 (1) | The appropriate national authority may by order made by statutory instrument |
|
| | amend this Schedule for the purpose of— |
|
| | (a) | amending the definition of “relevant land” in paragraph 3; |
|
| | (b) | adding to, removing or amending any of the conditions to which the |
|
| | right conferred by paragraph 4 is for the time being subject. |
|
| | (2) | The power to amend this Schedule for the purpose mentioned in sub-paragraph |
|
| | (1)(b) includes, in particular, power to add to, remove or amend— |
|
| | (a) | any provisions that are applicable for the purposes of a condition; and |
|
| | (b) | any powers of the appropriate national authority to prescribe anything |
|
| | for the purposes of a condition by regulations made by statutory |
|
| | |
| | (3) | An order under this paragraph may— |
|
| | (a) | include incidental, supplementary, transitional, transitory or saving |
|
| | |
| | (b) | make different provision for different purposes. |
|
| | 10 (1) | A statutory instrument containing regulations under any provision of this |
|
| | Schedule is subject to annulment by— |
|
| | (a) | a resolution of either House of Parliament (in the case of regulations |
|
| | made by the Secretary of State); or |
|
| | (b) | a resolution of the National Assembly for Wales (in the case of |
|
| | regulations made by the Welsh Ministers). |
|
| | (2) | A statutory instrument containing an order made under paragraph 9—’. |
|
| |
| | |
| Page 144, line 26 [Schedule 7], at end insert— |
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|
|
| |
| |
|
| | ‘(6) | After paragraph 5 of Schedule 2 to that Order (regulated activity relating to |
|
| | |
| | |
| | 5A (1) | The Secretary of State must give guidance for the purpose of |
|
| | assisting regulated activity providers and personnel suppliers in |
|
| | deciding whether supervision is of such a kind that, as a result of |
|
| | paragraph 1(2B)(b), 2(3A) or 2(3B)(b), the person being supervised |
|
| | would not be engaging in regulated activity relating to children. |
|
| | (2) | The Secretary of State must publish guidance given under this |
|
| | |
| | (3) | A regulated activity provider or a personnel supplier must, in |
|
| | exercising any functions under this Order, have regard to guidance |
|
| | for the time being given under this paragraph.”’. |
|
| |
| | |
| Page 148, line 23 [Schedule 8], at end insert— |
|
| | |
| | 15A | Information obtained by DBS in connection with the exercise of any of its |
|
| | functions may be used by DBS in connection with the exercise of any of its |
|
| | |
| |
| | |
| Page 149, line 26 [Schedule 9], at end insert— |
|
| | ‘House of Commons Disqualification Act 1975 |
|
| | A1 | In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 |
|
| | (other disqualifying offices) insert at the appropriate place— |
|
| | “Commissioner for the Retention and Use of Biometric Material”. |
|
| | Northern Ireland Assembly Disqualification Act 1975 |
|
| | A2 | In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act |
|
| | 1975 (other disqualifying offices) insert at the appropriate place— |
|
| | “Commissioner for the Retention and Use of Biometric Material”.’. |
|
| |
| | |
| Page 150, line 1 [Schedule 9], after ‘to’ insert ‘19,’. |
|
| |
| | |
| Page 150, line 7 [Schedule 9], at end insert— |
|
| | |
| | The Surveillance Camera Commissioner |
|
|
|
| |
| |
|
| | House of Commons Disqualification Act 1975 |
|
| | 2A | In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 |
|
| | (other disqualifying offices) insert at the appropriate place— |
|
| | “Surveillance Camera Commissioner”.’. |
|
| |
| | |
| Page 151 [Schedule 9], leave out lines 18 to 33 and insert— |
|
| | ‘(1) | This section applies to an application to the sheriff for an order under section 23A |
|
| | |
| | (2) | Rules of court must make provision for the purposes of ensuring that an |
|
| | application to which this section applies is dealt with in private and must, in |
|
| | |
| | (a) | require the sheriff to determine an application in private, |
|
| | (b) | secure that any hearing is to be held in private, and |
|
| | (c) | ensure that notice of an application (or of any order being made) is not |
|
| | |
| | (i) | the person to whom the authorisation or notice which is the |
|
| | subject of the application or order relates, or |
|
| | (ii) | such a person’s representatives.’. |
|
| |
| | |
| Page 151, line 36 [Schedule 9], leave out from third ‘to’ to first ‘is’ in line 37 and |
|
| insert ‘which this section applies’. |
|
| |
| | |
| Page 151, line 38 [Schedule 9], leave out ‘any order made under’. |
|
| |
| | |
| Page 165, line 33 [Schedule 9], at end insert— |
|
| | |
| | The Disclosure and Barring Service |
|
| | Parliamentary Commissioner Act 1967 |
|
| | 117A | In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. |
|
| | subject to investigation) insert at the appropriate place— |
|
| | “Disclosure and Barring Service.” |
|
| | House of Commons Disqualification Act 1975 |
|
| | 117B (1) | Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying |
|
| | offices) is amended as follows. |
|
| | (2) | In Part 2 (bodies of which all members are disqualified) insert at the |
|
| | |
| | “The Disclosure and Barring Service.” |
|
| | (3) | In Part 3 (other disqualifying offices) insert at the appropriate place— |
|
|