House of Commons Amendments

Session 2010 - 12
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Notices of Amendments: 14 September 2011
3345

Protection of Freedoms Bill, continued

      (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

under paragraph 6D.

6C  (1)
A notice which is to be relied on as a notice to keeper for the purposes of

paragraph 6(1)(b) is given in accordance with this paragraph if the following

requirements are met.

      (2)
The notice must—

(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)
describe the parking charges due from the driver as at the end of that

period, the circumstances in which the requirement to pay them arose

(including the means by which the requirement was brought to the

attention of drivers) and the other facts that made them payable;

(d)
specify the total amount of those parking charges that are unpaid, as at

a time which is—

(i)
specified in the notice; 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-

paragraph (4));

(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, after the period of 28 days beginning with the

day after that on which the notice is given—

(i)
the amount of the unpaid parking charges specified under

paragraph (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

available;

(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 (where 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—

Notices of Amendments: 14 September 2011
3346

Protection of Freedoms Bill, continued

(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 14

days beginning with the day after that on which the specified period of parking

ended.

      (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

under paragraph 6D.

6D  (1)
The appropriate national authority may by regulations made by statutory

instrument prescribe evidence which must accompany a notice which is to be

relied on as a notice to keeper for the purposes of paragraph 6(1)(a) or

paragraph 6(1)(b) (as the case may be).

      (2)
The regulations may in particular make provision as to—

(a)
the means by which any prescribed evidence is to be generated or

otherwise produced (which may include a requirement to use

equipment of a kind approved for the purpose by a person specified in

the regulations); or

(b)
the circumstances in which any evidence is, or is not, required to

accompany a notice to keeper.

      (3)
The regulations may—

(a)
include incidental, supplementary, transitional, transitory or saving

provision;

(b)
make different provision for different purposes.’.

Secretary Theresa May

60

Page  116,  line  23  [Schedule  4],  leave out paragraph 7 and insert—

‘7  (1)
The third condition is that—

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

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);

(c)
the information sought by the application is provided by the Secretary

of State to the applicant.

      (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

Act 1994—

(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

register).’.

Notices of Amendments: 14 September 2011
3347

Protection of Freedoms Bill, continued

Secretary Theresa May

61

Page  117,  line  2  [Schedule  4],  at end insert—

‘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

the land.

      (3)
The provision made under sub-paragraph (2) may, in particular, include

provision—

(a)
requiring notices of more than one kind to be displayed on any relevant

land;

(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

provision;

(b)
make different provision for different areas or purposes.’.

Secretary Theresa May

62

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

instrument.

      (3)
An order under this paragraph may—

(a)
include incidental, supplementary, transitional, transitory or saving

provision;

(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—’.

Secretary Theresa May

63

Page  144,  line  26  [Schedule  7],  at end insert—

Notices of Amendments: 14 September 2011
3348

Protection of Freedoms Bill, continued

    ‘(6)
After paragraph 5 of Schedule 2 to that Order (regulated activity relating to

children) insert—

“Guidance

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

paragraph.

      (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.”’.

Secretary Theresa May

64

Page  148,  line  23  [Schedule  8],  at end insert—

‘Use of information

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

other functions.’.

Secretary Theresa May

65

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”.’.

Secretary Theresa May

66

Page  150,  line  1  [Schedule  9],  after ‘to’ insert ‘19,’.

Secretary Theresa May

67

Page  150,  line  7  [Schedule  9],  at end insert—

‘Part 1A

The Surveillance Camera Commissioner

Notices of Amendments: 14 September 2011
3349

Protection of Freedoms Bill, continued

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”.’.

Secretary Theresa May

68

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

or 32A.

(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

particular—

(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

given to—

(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.’.

Secretary Theresa May

69

Page  151,  line  36  [Schedule  9],  leave out from third ‘to’ to first ‘is’ in line 37 and

insert ‘which this section applies’.

Secretary Theresa May

70

Page  151,  line  38  [Schedule  9],  leave out ‘any order made under’.

Secretary Theresa May

71

Page  165,  line  33  [Schedule  9],  at end insert—

‘Part 6A

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

appropriate place—

“The Disclosure and Barring Service.”

      (3)
In Part 3 (other disqualifying offices) insert at the appropriate place—



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