Protection of Freedoms Bill (HC Bill 189)

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

(2) 5The 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) The Welsh Ministers may prepare another code of practice under paragraph

101 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) may contain transitional, transitory or saving provision.

15Alteration 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) Before preparing an alteration or a replacement code in relation to any

20powers, 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) such other persons as the Welsh Ministers consider appropriate.

(3) 25The 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) 30If no such resolution is made within that period, the Welsh Ministers must

issue 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) 35Sub-paragraph (4) does not prevent the Welsh Ministers from laying a new

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

(a) any 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

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

5time).

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

paragraph 3(5).

(3) 10The 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) A relevant person must have regard to the devolved powers of entry code

15when 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) The devolved powers of entry code is admissible in evidence in any such

20proceedings.

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

25by 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) 30contain 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) 35Before 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) 40An 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
  
  paragraph 3(10),

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

Section 56

SCHEDULE 4 Recovery of unpaid parking charges

Introductory

1 (1) 10This 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) those charges have not been paid or have only been partly paid.

(2) 15It 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)

  in relation to relevant land in England, the Secretary of State;
  
  20and

  (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;

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

• “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
  
  30presumed, 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
  
  35person 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
  
  40person 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

  Protection of Freedoms BillPage 113

  driver requiring the payment of parking charges in respect of
  
  the 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
  
  5paid or, where they have been paid in part, the part that has not been
  
  paid;

• “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

10below ground level) other than—

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

of 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

15parking of a vehicle is subject to statutory control.

(2) In sub-paragraph (1)(b)—

• “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)

  20the Secretary of State;

  (b)

  the Welsh Ministers;

  (c)

  Transport for London;

  (d)

  the Common Council of the City of London;

  (e)

  the council of a county, county borough, London borough or
  
  25district;

  (f)

  a parish or community council;

  (g)

  the 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

30(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) 35any 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) 40The 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

45met.

(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

5the 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) 10any 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

15section 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

20parking 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) 25The 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

30creditor 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

charges are paid.

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

35documents relating to civil proceedings against the driver to enforce

payment under the relevant contract could properly be served under Civil

Procedure Rules.

6 (1) The second condition is that—

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

40(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

notice 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) describe the circumstances in which the contract was formed, the

5terms 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) state the total amount of unpaid parking charges due from the driver

10(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

are made available to the driver;

(f) 15specify 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

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

(4) 20A 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) The third condition is that—

(a) 25the 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

Excise and Registration Act 1994,

(b) 30the Secretary of State has provided that information to the applicant,

and

(c) the day on which a claim for payment by the registered keeper of the

unpaid parking charges is first made by virtue of the right conferred

by paragraph 4 is within the period of 60 days beginning with the

35day on which that information was provided by the Secretary of

State.

(3) Information provided by the Secretary of State as mentioned in sub-

paragraph (2) may be used for the purposes of any claim by virtue of the

right conferred by paragraph 4 for payment of unpaid parking charges

40which is made by the same creditor in relation to a period of parking by the

same vehicle (subject to the limitation in sub-paragraph (2)(c)).

(4) For the purposes of sub-paragraph (2)(c), a claim is “first made” on the day

when the creditor gives to the registered keeper a written demand for

payment of the unpaid parking charges (which may be given by handing it

45to the keeper or by leaving it at or sending it by post to a current address for

service for the keeper).

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

documents relating to civil proceedings against the keeper to enforce the

right conferred by paragraph 4 could properly be served under Civil

Procedure Rules.

Application to Crown vehicles etc

8 (1) The provisions of this Schedule apply to—

(a) 5vehicles in the public service of the Crown that are required to be

registered under the Vehicle Excise and Registration Act 1994 (other

than a vehicle exempted by sub-paragraph (2)), and

(b) any person in the public service of the Crown who is the keeper of a

vehicle falling within paragraph (a).

(2) 10But this Schedule does not apply in relation to a vehicle that—

(a) at the relevant time is used or appropriated for use for naval, military

or air force purposes, or

(b) belongs to any visiting forces (within the meaning of the Visiting

Forces Act 1952) or is at the relevant time used or appropriated for

15use by such forces.

Power to amend Schedule

9 (1) The appropriate national authority may by order made by statutory

instrument amend this Schedule for the purpose of—

(a) adding to, removing or amending the exceptions for the time being

20mentioned in paragraph 3(1);

(b) amending the definition of “traffic authority” in paragraph 3(2);

(c) amending or removing the exception in paragraph 4(3) or adding

further exceptions applying to the right conferred by paragraph 4;

(d) adding to, removing or amending the conditions to which that right

25is for the time being subject.

(2) The power to amend this Schedule for a purpose falling within sub-

paragraph (1)(d) includes power to amend the requirements for the time

being mentioned in paragraph 6(2) (whether by adding to, removing or

altering any of those requirements).

(3) 30An order under this paragraph may—

(a) include incidental, supplementary and consequential provision;

(b) make transitory or transitional provision and savings;

(c) make different provision for different cases, areas or purposes.

(4) A statutory instrument containing an order under this paragraph—

(a) 35in the case of an order of the Secretary of State, is not to be made

unless a draft of the instrument has been laid before, and approved

by a resolution of, each House of Parliament;

(b) in the case of an order of the Welsh Ministers, is not to be made

unless a draft of the instrument has been laid before, and approved

40by a resolution of, the National Assembly for Wales.

Section 60(2)

SCHEDULE 5 Replacement powers to stop and search: supplementary provisions

After Schedule 6A to the Terrorism Act 2000 insert—

“Schedule 6B Searches in specified areas or places: supplementary

5Extent of search powers: supplementary

1 A constable exercising the power conferred by an authorisation

under section 47A may not require a person to remove any

clothing in public except for headgear, footwear, an outer coat, a

jacket or gloves.

2 (1) 10Sub-paragraph (2) applies if a constable proposes to search a

person or vehicle by virtue of section 47A(2) or (3).

(2) The constable may detain the person or vehicle for such time as is

reasonably required to permit the search to be carried out at or

near the place where the person or vehicle is stopped.

15Requirements as to writing

3 A senior police officer who gives an authorisation under section

47A orally must confirm it in writing as soon as reasonably

practicable.

4 (1) Where—

(a) 20a vehicle or pedestrian is stopped by virtue of section

47A(2) or (3), and

(b) the driver of the vehicle or the pedestrian applies for a

written statement that the vehicle was stopped, or that the

pedestrian was stopped, by virtue of section 47A(2) or (as

25the case may be) (3),

the written statement must be provided.

(2) An application under sub-paragraph (1) must be made within the

period of 12 months beginning with the date on which the vehicle

or pedestrian was stopped.

30Duration of authorisations

5 (1) An authorisation under section 47A has effect during the period—

(a) beginning at the time when the authorisation is given, and

(b) ending with the specified date or at the specified time.

(2) This paragraph is subject as follows.

6 35The specified date or time must not occur after the end of the

period of 14 days beginning with the day on which the

authorisation is given.

7 (1) The senior police officer who gives an authorisation must inform

the Secretary of State of it as soon as reasonably practicable.

(2) An authorisation ceases to have effect at the end of the period of

48 hours beginning with the time when it is given unless it is

confirmed by the Secretary of State before the end of that period.

(3) An authorisation ceasing to have effect by virtue of sub-paragraph

5(2) does not affect the lawfulness of anything done in reliance on

it before the end of the period concerned.

(4) When confirming an authorisation, the Secretary of State may—

(a) substitute an earlier date or time for the specified date or

time;

(b) 10substitute a more restricted area or place for the specified

area or place.

8 The Secretary of State may cancel an authorisation with effect from

a time identified by the Secretary of State.

9 (1) A senior police officer may—

(a) 15cancel an authorisation with effect from a time identified

by the officer concerned;

(b) substitute an earlier date or time for the specified date or

time;

(c) substitute a more restricted area or place for the specified

20area or place.

(2) Any such cancellation or substitution in relation to an

authorisation confirmed by the Secretary of State under paragraph

7 does not require confirmation by the Secretary of State.

10 An authorisation given by a member of the Civil Nuclear

25Constabulary does not have effect except in relation to times when

the specified area or place is a place where members of that

Constabulary have the powers and privileges of a constable.

11 The existence, expiry or cancellation of an authorisation does not

prevent the giving of a new authorisation.

30Specified areas or places

12 (1) An authorisation given by a senior police officer who is not a

member of the British Transport Police Force, the Ministry of

Defence Police or the Civil Nuclear Constabulary may specify an

area or place together with—

(a) 35the internal waters adjacent to that area or place; or

(b) a specified area of those internal waters.

(2) In sub-paragraph (1) “internal waters” means waters in the United

Kingdom that are not comprised in any police area.

13 Where an authorisation specifies more than one area or place—

(a) 40the power of a senior police officer under paragraph

5(1)(b) to specify a date or time includes a power to specify

different dates or times for different areas or places (and

the other references in this Schedule to the specified date or

time are to be read accordingly), and

(b) 45the power of the Secretary of State under paragraph

7(4)(b), and of a senior police officer under paragraph

9(1)(c), includes a power to remove areas or places from

the authorisation.

Interpretation

14 (1) In this Schedule—

• 5“driver” has the meaning given by section 43A(5);

• “senior police officer” means—

  (a)

  in relation to an authorisation where the specified
  
  area or place is the whole or part of a police area
  
  outside Northern Ireland, other than of a police area
  
  10mentioned in paragraph (b) or (c), a police officer for
  
  the area who is of at least the rank of assistant chief
  
  constable;

  (b)

  in relation to an authorisation where the specified
  
  area or place is the whole or part of the metropolitan
  
  15police district, a police officer for the district who is of
  
  at least the rank of commander of the metropolitan
  
  police;

  (c)

  in relation to an authorisation where the specified
  
  area or place is the whole or part of the City of
  
  20London, a police officer for the City who is of at least
  
  the rank of commander in the City of London police
  
  force;

  (d)

  in relation to an authorisation where the specified
  
  area or place is the whole or part of Northern Ireland,
  
  25a member of the Police Service of Northern Ireland
  
  who is of at least the rank of assistant chief constable;

• “specified” means specified in an authorisation.

(2) References in this Schedule to a senior police officer are to be read

as including—

(a) 30in relation to an authorisation where the specified area or

place is the whole or part of a police area outside Northern

Ireland and is in a place described in section 34(1A), a

member of the British Transport Police Force who is of at

least the rank of assistant chief constable;

(b) 35in relation to an authorisation where the specified area or

place is a place to which section 2(2) of the Ministry of

Defence Police Act 1987 applies, a member of the Ministry

of Defence Police who is of at least the rank of assistant

chief constable;

(c) 40in relation to an authorisation where the specified area or

place is a place in which members of the Civil Nuclear

Constabulary have the powers and privileges of a

constable, a member of that Constabulary who is of at least

the rank of assistant chief constable;

45but such references are not to be read as including a member of the

British Transport Police Force, the Ministry of Defence Police or

the Civil Nuclear Constabulary in any other case.”