Protection of Freedoms Bill (HL Bill 99)

Protection of Freedoms BillPage 130

(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
5public holiday in England and Wales.

(7) When the notice is given it must be accompanied by any evidence prescribed
under paragraph 10.

10 (1) The appropriate national authority may by regulations made by statutory
instrument prescribe evidence which must accompany a notice which is to
10be 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
15equipment 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) 20include incidental, supplementary, transitional, transitory or saving
provision;

(b) make different provision for different purposes.

11 (1) The third condition is that—

(a) the creditor (or a person acting for or on behalf of the creditor) has
25made 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 8(4) (where a notice to driver has been given)
or 9(4) (where no notice to driver has been given);

(c) 30the 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
35regulations 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
40person has ceased to be the registered keeper, as it last appeared on
the register).

12 (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) 45The 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.

Protection of Freedoms BillPage 131

(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) 5as 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) 10make different provision for different areas or purposes.

Hire vehicles

13 (1) This paragraph applies in the case of parking charges incurred in respect of
the parking of a vehicle on relevant land if—

(a) the vehicle was at the time of parking hired to any person under a
15hire agreement with a vehicle-hire firm; and

(b) the keeper has been given a notice to keeper within the relevant
period for the purposes of paragraph 8(4) or 9(4) (as the case may be).

(2) The creditor may not exercise the right under paragraph 4 to recover from
the keeper any unpaid parking charges specified in the notice to keeper if,
20within the period of 28 days beginning with the day after that on which that
notice was given, the creditor is given—

(a) a statement signed by or on behalf of the vehicle-hire firm to the
effect that at the material time the vehicle was hired to a named
person under a hire agreement;

(b) 25a copy of the hire agreement; and

(c) a copy of a statement of liability signed by the hirer under that hire
agreement.

(3) The statement of liability required by sub-paragraph (2)(c) must—

(a) contain a statement by the hirer to the effect that the hirer
30acknowledges responsibility for any parking charges that may be
incurred with respect to the vehicle while it is hired to the hirer;

(b) include an address given by the hirer (whether a residential, business
or other address) as one at which documents may be given to the
hirer;

35(and it is immaterial whether the statement mentioned in paragraph (a)
relates also to other charges or penalties of any kind).

(4) A statement required by sub-paragraph (2)(a) or (c) must be in such form (if
any) as may be prescribed by the appropriate national authority by
regulations made by statutory instrument.

(5) 40The documents mentioned in sub-paragraph (2) must be given by—

(a) handing them to the creditor;

(b) leaving them at any address which is specified in the notice to keeper
as an address at which documents may be given to the creditor or to
which payments may be sent; or

(c) 45sending them by post to such an address so that they are delivered to
that address within the period mentioned in that sub-paragraph.

Protection of Freedoms BillPage 132

(6) In this paragraph and paragraph 14

(a) “hire agreement” means an agreement which—

(i) provides for a vehicle to be let to a person (“the hirer”) for a
period not exceeding 6 months (whether or not the period is
5capable of extension by agreement between the parties so as
to exceed 6 months); and

(ii) is not a hire-purchase agreement within the meaning of the
Consumer Credit Act 1974;

(b) any reference to the currency of a hire agreement includes a reference
10to any period during which, with the consent of the vehicle-hire firm,
the hirer continues in possession of the vehicle as hirer, after the
expiry of any period specified in the agreement but otherwise on
terms and conditions specified in it; and

(c) “vehicle-hire firm” means any person engaged in the hiring of
15vehicles in the course of a business.

14 (1) If—

(a) the creditor is by virtue of paragraph 13(2) unable to exercise the
right to recover from the keeper any unpaid parking charges
mentioned in the notice to keeper, and

(b) 20the conditions mentioned in sub-paragraph (2) below are met,

the creditor may recover those charges (so far as they remain unpaid) from
the hirer.

(2) The conditions are that—

(a) the creditor has within the relevant period given the hirer a notice in
25accordance with sub-paragraph (5) (a “notice to hirer”), together
with a copy of the documents mentioned in paragraph 13(2) and the
notice to keeper;

(b) a period of 21 days beginning with the day on which the notice to
hirer was given has elapsed; and

(c) 30the vehicle was not a stolen vehicle at the beginning of the period of
parking to which the unpaid parking charges relate.

(3) In sub-paragraph (2)(a) “the relevant period” is the period of 21 days
beginning with the day after that on which the documents required by
paragraph 13(2) are given to the creditor.

(4) 35For the purposes of sub-paragraph (2)(c) a vehicle is to be presumed not to
be a stolen vehicle at the material time, unless the contrary is proved.

(5) The notice to hirer must—

(a) inform the hirer that by virtue of this paragraph any unpaid parking
charges (being parking charges specified in the notice to keeper) may
40be recovered from the hirer;

(b) refer the hirer to the information contained in the notice to keeper;

(c) warn the hirer that if, after the period of 21 days beginning with the
day after that on which the notice to hirer is given, the amount of
unpaid parking charges referred to in the notice to keeper under
45paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in
full, the creditor will (if any applicable requirements are met) have
the right to recover from the hirer so much of that amount as remains
unpaid;

Protection of Freedoms BillPage 133

(d) inform the hirer of any discount offered for prompt payment and the
arrangements for the resolution of disputes or complaints that are
available;

(e) identify the creditor and specify how and to whom payment may be
5made; and

(f) specify the date on which the notice is sent (if it is sent by post) or
given (in any other case).

(6) The documents mentioned in sub-paragraph (2)(a) must be given by—

(a) handing them to the hirer;

(b) 10leaving them at an address which is either—

(i) an address specified in the statement of liability mentioned in
paragraph 13(2)(c) as an address at which documents may be
given to the hirer; or

(ii) an address at which documents relating to civil proceedings
15could properly be served on the hirer under Civil Procedure
Rules; or

(c) sending them by post to such an address so that they are delivered to
that address within the relevant period for the purposes of sub-
paragraph (2)(a).

20Application to Crown vehicles etc

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

(a) vehicles 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) 25any person in the public service of the Crown who is the keeper of a
vehicle falling within paragraph (a).

(2) But 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) 30belongs to any visiting forces (within the meaning of the Visiting
Forces Act 1952) or is at the relevant time used or appropriated for
use by such forces.

Power to amend Schedule

16 (1) The appropriate national authority may by order made by statutory
35instrument 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-
40paragraph (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
45anything for the purposes of a condition by regulations made by
statutory instrument.

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(3) An order under this paragraph may—

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

(b) make different provision for different purposes.

17 (1) 5A 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
10regulations made by the Welsh Ministers).

(2) A statutory instrument containing an order made under paragraph 16

(a) in 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) 15in 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
by a resolution of, the National Assembly for Wales.

Section 61(2)

SCHEDULE 5 Replacement powers to stop and search: supplementary provisions

20After Schedule 6A to the Terrorism Act 2000 insert—

Schedule 6B Searches in specified areas or places: supplementary

Extent 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
25clothing in public except for headgear, footwear, an outer coat, a
jacket or gloves.

2 (1) Sub-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
30reasonably required to permit the search to be carried out at or
near the place where the person or vehicle is stopped.

Requirements 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
35practicable.

4 (1) Where—

(a) a vehicle or pedestrian is stopped by virtue of section
47A(2) or (3), and

Protection of Freedoms BillPage 135

(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
the case may be) (3),

5the 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.

Duration of authorisations

5 (1) 10An 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 The specified date or time must not occur after the end of the
15period 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
2048 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
(2) does not affect the lawfulness of anything done in reliance on
it before the end of the period concerned.

(4) 25When confirming an authorisation, the Secretary of State may—

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

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

8 30The 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) cancel an authorisation with effect from a time identified
by the officer concerned;

(b) 35substitute an earlier date or time for the specified date or
time;

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

(2) Any such cancellation or substitution in relation to an
40authorisation 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
Constabulary does not have effect except in relation to times when

Protection of Freedoms BillPage 136

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.

5Specified 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) 10the 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) 15the 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) 20the 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) 25In this Schedule—

  • “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
    30outside Northern Ireland, other than of a police area
    mentioned 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
    35area or place is the whole or part of the metropolitan
    police 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
    40area or place is the whole or part of the City of
    London, 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
    45area or place is the whole or part of Northern Ireland,
    a member of the Police Service of Northern Ireland
    who is of at least the rank of assistant chief constable;

  • Protection of Freedoms BillPage 137

  • “specified” means specified in an authorisation.

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

(a) in relation to an authorisation where the specified area or
5place 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) in relation to an authorisation where the specified area or
10place 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) in relation to an authorisation where the specified area or
15place 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;

but such references are not to be read as including a member of the
20British Transport Police Force, the Ministry of Defence Police or
the Civil Nuclear Constabulary in any other case.

Section 63

SCHEDULE 6 Stop and search powers: Northern Ireland

1 (1) Paragraph 4 of Schedule 3 to the Justice and Security (Northern Ireland) Act
252007 (stopping and searching persons in relation to unlawful munitions and
wireless apparatus) is amended as follows.

(2) In sub-paragraph (1) (power to stop and search without reasonable
suspicion) for “An officer” substitute “A member of Her Majesty’s forces
who is on duty”.

(3) 30In sub-paragraph (2)—

(a) for “officer”, in the first place where it appears, substitute “member
of Her Majesty’s forces who is on duty”, and

(b) for “officer”, in the second place where it appears, substitute
“member concerned”.

(4) 35After sub-paragraph (3) insert—

(4) A constable may search a person (whether or not that person is in
a public place) whom the constable reasonably suspects to have
munitions unlawfully with him or to have wireless apparatus with
him.

(5) 40In the italic cross-heading before paragraph 4, at the end, insert “: general”.

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2 After paragraph 4 of that Schedule to that Act insert—

Stopping and searching persons in specified locations

4A (1) A senior officer may give an authorisation under this paragraph in
relation to a specified area or place if the officer—

(a) 5reasonably suspects (whether in relation to a particular
case, a description of case or generally) that the safety of
any person might be endangered by the use of munitions
or wireless apparatus, and

(b) considers that—

(i) 10the authorisation is necessary to prevent such
danger,

(ii) the specified area or place is no greater than is
necessary to prevent such danger, and

(iii) the duration of the authorisation is no longer than
15is necessary to prevent such danger.

(2) An authorisation under this paragraph authorises any constable to
stop a person in the specified area or place and to search that
person.

(3) A constable may exercise the power conferred by an authorisation
20under this paragraph only for the purpose of ascertaining whether
the person has munitions unlawfully with that person or wireless
apparatus with that person.

(4) But the power conferred by such an authorisation may be
exercised whether or not the constable reasonably suspects that
25there are such munitions or wireless apparatus.

(5) A constable exercising the power conferred by an authorisation
under this paragraph may not require a person to remove any
clothing in public except for headgear, footwear, an outer coat, a
jacket or gloves.

(6) 30Where a constable proposes to search a person by virtue of an
authorisation under this paragraph, the constable may detain the
person for such time as is reasonably required to permit the search
to be carried out at or near the place where the person is stopped.

(7) A senior officer who gives an authorisation under this paragraph
35orally must confirm it in writing as soon as reasonably practicable.

(8) In this paragraph and paragraphs 4B to 4I—

  • “senior officer” means an officer of the Police Service of
    Northern Ireland of at least the rank of assistant chief
    constable,

  • 40“specified” means specified in an authorisation.

4B (1) An authorisation under paragraph 4A 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) 45This paragraph is subject as follows.

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4C The 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.

4D (1) The senior officer who gives an authorisation must inform the
5Secretary 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
10(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) 15substitute a more restricted area or place for the specified
area or place.

4E The Secretary of State may cancel an authorisation with effect from
a time identified by the Secretary of State.

4F (1) A senior officer may—

(a) 20cancel 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
25area or place.

(2) Any such cancellation or substitution in relation to an
authorisation confirmed by the Secretary of State under paragraph
4D does not require confirmation by the Secretary of State.

4G The existence, expiry or cancellation of an authorisation does not
30prevent the giving of a new authorisation.

4H (1) An authorisation under paragraph 4A given by a senior officer
may specify—

(a) the whole or part of Northern Ireland,

(b) the internal waters or any part of them, or

(c) 35any combination of anything falling within paragraph (a)
and anything falling within paragraph (b).

(2) In sub-paragraph (1)(b) “internal waters” means waters in the
United Kingdom which are adjacent to Northern Ireland.

(3) Where an authorisation specifies more than one area or place—

(a) 40the power of a senior officer under paragraph 4B(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
4D(4)(b), and of a senior officer under paragraph 4F(1)(c),