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| | Page 17, line 9 [Clause 25], at end insert— |
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| | | ‘(d) | in the case of material taken or derived less than six years before the |
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| | | commencement day from a person who— |
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| | | (i) | was arrested for, or charged with, the offence and |
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| | | (ii) | has not been convicted of the offence, |
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| | | | the destruction of the material at the end of the period of six years |
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| | | beginning with the day on which the material was taken or derived.’. |
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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 |
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| | | 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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| | New Clauses and New Schedules relating to, and Amendments to, Chapter |
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| | | Offence of issuing excess parking charges |
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| | | Negatived on division NC15 |
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| | To move the following Clause:— |
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| | | ‘(1) | A person commits an offence who, without lawful authority requires a driver or |
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| | | any person in possession of a vehicle to pay parking charges in relation to a |
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| | | contract to park that vehicle. |
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| | | (2) | The express or implied consent (whether or not legally binding) of a person |
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| | | otherwise entitled to enter into a contract regarding parking is not lawful authority |
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| | | for the purposes of subsection (1). |
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| | | (3) | Subsection (2) does not apply where— |
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| | | (a) | the person or body attempting to enforce the parking charges is a member |
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| | | of an Accredited Trade Association so accredited by the Secretary of |
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| | | (b) | the penalty charge can be appealed to an independent body; |
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| | | (c) | the person or body attempting to enforce the parking charges takes |
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| | | reasonable steps to inform the driver or keeper of the vehicle about the |
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| | | (d) | the person or body follows a prescribed parking enforcement process |
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| | | including clear signage and contact numbers. |
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| | | (4) | The Secretary of State can, by way of regulation, introduce a maximum charge, |
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| | | under which parking charges would not be subject to subsection (1). |
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| | | (5) | A person who is entitled to remove a vehicle cannot commit an offence under this |
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| | | section in relation to that vehicle. |
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| | | (6) | A person guilty of an offence under this section is liable— |
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| | | (a) | on conviction on indictment, to a fine, |
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| | | (b) | on summary conviction, to a fine not exceeding the statutory maximum |
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| | | which must be no higher than charges for an on-street parking offence. |
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| | | (7) | In this section “motor vehicle” means a mechanically propelled vehicle or a |
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| | | vehicle designed or adapted for towing by a mechanically propelled vehicle.’. |
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| | Page 38 [Clause 54], leave out lines 14 to 18 and insert— |
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| | | ‘(3) | But, where the restriction of the movement of the vehicle is by means of a fixed |
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| | | barrier and the barrier was present (whether or not lowered into place or otherwise |
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| | | restricting movement) when the vehicle was parked, any express or implied |
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| | | consent (whether or not legally binding) of the driver of the vehicle to the |
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| | | restriction is, for the purposes of subsection (1), lawful authority for the |
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| | Page 39, line 11 [Clause 56], leave out from ‘keeper’ to ‘has’ in line 12 and insert |
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| | ‘or hirer of a vehicle in certain circumstances)’. |
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| | Page 39, line 12 [Clause 56], at end add— |
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| | | ‘( ) | The Secretary of State shall make provision for the purpose of providing |
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| | | independent redress, which is free to consumers and funded through the industry, |
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| | | (a) | the driver of a vehicle is required by a relevant contract to pay parking |
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| | | charges in respect of the parking on relevant land; and either |
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| | | (b) | those charges are disputed; or |
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| | | (c) | there are reasonable grounds for challenging any claimed breach of the |
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| | | contract in (a), including disproportionate charging and inadequate |
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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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| | | (a) | 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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| | | (b) | 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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| | | (c) | an obligation arising under the terms of a relevant contract; or |
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| | | (d) | 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 |
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| | | 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 23 [Schedule 4], at end insert— |
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| | | ‘(9) | The right under this paragraph is subject to paragraph 7B (which provides for |
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| | | the right not to apply in certain circumstances in the case of a hire car).’. |
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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. |
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| | | (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 |
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| | | 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; |
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| | | (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 |
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| | | made those charges payable; |
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| | | (c) | inform the driver that the parking charges relating to the specified |
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| | | period of parking have not been paid in full and specify the total |
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| | | amount of the unpaid parking charges relating to that period, as at a |
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| | | (i) | specified in the notice; and |
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| | | (ii) | no later than the time specified under paragraph (f); |
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| | | (d) | inform the driver 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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| | | (e) | identify the creditor and specify how and to whom payment may be |
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| | | (f) | specify the time when the notice is given and the date. |
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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 each |
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| | | specifying different parts of a single period of parking). |
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| | | (4) | The notice must be given— |
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| | | (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 |
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| | | 6B (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)(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; |
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