Protection of Freedoms Bill (HL Bill 121)

(5) Any relevant physical data, sample or information derived from a
sample which is retained in pursuance of a national security
determination must be destroyed as soon as possible after the
determination ceases to have effect (except where its retention is
5permitted by any other enactment).

(6) In this section, “the relevant chief constable” means the chief
constable of the police force of which the constable who took the
relevant physical data, or to whom it was provided, or who took or
directed the taking of the sample, was a member.”

10Part 6 Material subject to the Police and Criminal Evidence (Northern Ireland)
Order 1989

7 (1) This paragraph applies to the following material—

(a) a DNA profile to which Article 64 of the 1989 Order (destruction of
15fingerprints and samples) applies, or

(b) fingerprints to which Article 64 of the 1989 Order applies, other than
fingerprints taken under Article 61(6A) of that Order.

(2) If the Chief Constable of the Police Service of Northern Ireland determines
that it is necessary for any material to which this paragraph applies to be
20retained for the purposes of national security—

(a) the material is not required to be destroyed in accordance with
Article 64 of the 1989 Order, and

(b) Article 64(3AB) of that Order does not apply to the material,

for as long as the determination has effect.

(3) 25A determination under sub-paragraph (2) (“a national security
determination”)—

(a) must be made in writing,

(b) has effect for a maximum of 2 years beginning with the date on
which the material would (but for this paragraph) first become liable
30for destruction under the 1989 Order, and

(c) may be renewed.

(4) Material retained under this paragraph must not be used other than—

(a) in the interests of national security,

(b) for the purposes of a terrorist investigation,

(c) 35for purposes related to the prevention or detection of crime, the
investigation of an offence or the conduct of a prosecution, or

(d) for purposes related to the identification of a deceased person or of
the person to whom the material relates.

(5) This paragraph has effect despite any provision to the contrary in the 1989
40Order.

(6) In this paragraph—

(a) the reference to using material includes a reference to allowing any
check to be made against it and to disclosing it to any person,

(b) the reference to crime includes a reference to any conduct which—

(i) constitutes one or more criminal offences (whether under the
law of Northern Ireland or of any country or territory outside
Northern Ireland), or

(ii) is, or corresponds to, any conduct which, if it all took place in
5Northern Ireland, would constitute one or more criminal
offences, and

(c) the references to an investigation and to a prosecution include
references, respectively, to any investigation outside Northern
Ireland of any crime or suspected crime and to a prosecution brought
10in respect of any crime in a country or territory outside Northern
Ireland.

(7) In this paragraph—

• “the 1989 Order” means the Police and Criminal Evidence (Northern
  Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)S.I. 1989/1341 (N.I. 12));

• 15“DNA profile” means any information derived from a DNA sample;

• “DNA sample” means any material that has come from a human body
  and consists of or includes human cells;

• “offence”, in relation to any country or territory outside Northern
  Ireland, includes an act punishable under the law of that country or
  20territory, however it is described;

• “terrorist investigation” has the meaning given by section 32 of the
  Terrorism Act 2000.

Part 7 Corresponding Northern Ireland provision for excepted or reserved matters
25etc.

8 (1) The Secretary of State may make an order under sub-paragraph (2) or (3) if
the Secretary of State considers that the subject-matter in relation to
Northern Ireland of any provision of an Act of the Northern Ireland
Assembly made in 2011 or 2012 (whether before or after the passing of this
30Act) is the same as the subject-matter in relation to England and Wales of any
provision made by any of sections 1 to 18 and 23 to 25 of this Act.

(2) The Secretary of State may by order make excepted or reserved provision in
relation to Northern Ireland which is about the same subject-matter as any
provision made in relation to England and Wales by any of sections 1 to 18
35and 23 to 25 of this Act.

(3) The Secretary of State may by order make such provision as the Secretary of
State considers appropriate in consequence of the Act of the Northern
Ireland Assembly or an order under sub-paragraph (2).

(4) The power to make an order under this paragraph—

(a) 40is exercisable by statutory instrument,

(b) includes power to make incidental, supplementary, transitional,
transitory or saving provision,

(c) may, in particular, be exercised by amending, repealing, revoking or
otherwise modifying any provision made by or under an enactment
45(including this Act).

(5) An order under this paragraph may not make provision which—

(a) if it were contained in an Act of the Northern Ireland Assembly,
would be within the legislative competence of the Northern Ireland
Assembly and would deal with a transferred matter without being
ancillary to other provision (whether in the Act or previously
5enacted) which deals with an excepted or reserved matter,

(b) if it were contained in an Act of the Scottish Parliament, would be
within the legislative competence of the Scottish Parliament, or

(c) if it were contained in an Act of the National Assembly for Wales,
would be within the legislative competence of the National
10Assembly for Wales.

(6) Subject to sub-paragraph (7), a statutory instrument containing an order
under this paragraph 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.

(7) A statutory instrument containing an order under this paragraph which
15neither amends nor repeals any provision of primary legislation is subject to
annulment in pursuance of a resolution of either House of Parliament.

(8) In this paragraph—

• “enactment” includes an Act of the Scottish Parliament, a Measure or
  Act of the National Assembly for Wales and Northern Ireland
  20legislation,

• “excepted or reserved matter” have the meanings given by section 4(1)
  of the Northern Ireland Act 1998,

• “excepted or reserved provision” means provision which—

  (a)

  forms part of the law of Northern Ireland, and

  (b)

  25is not prohibited by sub-paragraph (5)(a),

• “primary legislation” means—

  (a)

  a public general Act,

  (b)

  an Act of the Scottish Parliament,

  (c)

  a Measure or Act of the National Assembly for Wales, and

  (d)

  30Northern Ireland legislation,

• “transferred matter” has the meaning given by section 4(1) of the
  Northern Ireland Act 1998.

Section 39(2)

SCHEDULE 2 Repeals etc. of powers of entry

35Part 1 Water and Environment

Public Health (Control of Disease) Act 1984

1 (1) Omit section 50 of the Public Health (Control of Disease) Act 1984 (power in
relation to England and Wales to enter and inspect canal boats).

(2) 40This paragraph extends to England and Wales only.

Merchant Shipping Act 1995

2 (1) Omit section 258(4) of the Merchant Shipping Act 1995 (power of surveyor
of ships etc. to enter premises to determine whether provisions or water
intended for UK ships, including government ships, would be in accordance
5with safety regulations).

(2) Sub-paragraph (1) does not apply to section 258(4) of the Act of 1995 so far
as it applies for the purposes of section 256A of that Act (extension of power
of entry to any member of the staff of the Scottish Administration authorised
by the Scottish Ministers).

(3) 10This paragraph extends to England and Wales, Scotland and Northern
Ireland.

Environment Act 1995

3 (1) Section 108(15) of the Environment Act 1995 (powers of entry etc. of persons
authorised by enforcing authorities: interpretation) is amended as follows.

(2) 15After the definition of “authorised person” insert—

• ““domestic property” has the meaning given by section 75(5)(a)
  of the Environmental Protection Act 1990;”.

(3) After the definition of “enforcing authority” insert—

• ““English waste collection authority” has the same meaning as
  20in section 45A of the Environmental Protection Act 1990;”.

(4) In the definition of “pollution control functions” in relation to a waste
collection authority after “means” insert “—

• (a)

  in relation to an English waste collection authority,
  the functions conferred or imposed on it by or under
  25Part 2 of the Environmental Protection Act 1990 (other
  than sections 45, 45A and 46 of that Act so far as
  relating to the collection of household waste from
  domestic property); and

  (ii)

  in relation to any other waste collection authority,”.

(5) 30This paragraph extends to England and Wales only.

Part 2 Agriculture

Dairy Herd Conversion Premium Regulations 1973 (S.I. 1973/1642S.I. 1973/1642)

4 (1) Omit regulation 5 of the Dairy Herd Conversion Premium Regulations 1973
35(power of authorised officer to enter land to inspect livestock in respect of
which a premium has been applied for etc.).

(2) Also—

(a) in regulation 2(1) of those Regulations omit the definition of
“authorised officer”, and

(b) 40in regulation 7 of those Regulations, omit sub-paragraph (b) and the
word “or” before it.

(3) This paragraph extends to England and Wales only.

Milk (Cessation of Production) Act 1985

5 (1) Omit section 2(1) of the Milk (Cessation of Production) Act 1985 (powers of
entry in connection with compensation payments).

(2) Also, in section 3(1) of that Act, omit paragraph (b) and the word “or” before
5it.

(3) This paragraph extends to England and Wales only.

Cereals Co-responsibility Levy Regulations 1988 (S.I. 1988/1001S.I. 1988/1001)

6 (1) Omit regulation 8 of the Cereals Co-responsibility Levy Regulations 1988
(power of authorised officer to enter premises used in relation to cereals).

(2) 10Also—

(a) in regulation 9 of those Regulations omit “or 8”, and

(b) in regulation 11(d) of those Regulations for “regulations 7 or 8”
substitute “regulation 7”.

(3) This paragraph extends to England and Wales only.

15Oilseeds Producers (Support System) Regulations 1992 (S.I. 1992/695S.I. 1992/695)

7 (1) Omit regulation 5 of the Oilseeds Producers (Support System) Regulations
1992 (power of authorised officer to enter and inspect oilseeds producers’
premises).

(2) Also—

(a) 20in regulation 2(1) of those Regulations omit the definitions of
“authorised officer”, “oilseeds” and “specified control measure”, and

(b) omit regulations 6, 9 and 10 of those Regulations.

(3) This paragraph extends to England and Wales only.

Older Cattle (Disposal) (England) Regulations 2005 (S.I. 2005/3522S.I. 2005/3522)

8 (1) 25Omit regulation 5 of the Older Cattle (Disposal) (England) Regulations 2005
(power of inspector to enter premises for the purposes of ensuring that
regulations are being complied with).

(2) This paragraph extends to England and Wales, Scotland and Northern
Ireland.

30Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006
(S.I. 2006/2821S.I. 2006/2821)

9 (1) Omit regulation 6 of the Salmonella in Turkey Flocks and Slaughter Pigs
(Survey Powers) (England) Regulations 2006 (power of inspector to enter a
turkey holding or slaughterhouse for purposes relating to salmonella).

(2) 35This paragraph extends to England and Wales, Scotland and Northern
Ireland.

Part 3 Miscellaneous

Distribution of German Enemy Property (No 1) Order 1950 (S.I. 1950/1642S.I. 1950/1642)

10 (1) Omit article 22 of the Distribution of German Enemy Property (No 1) Order
51950 (power of constable to enter premises under warrant to search for and
seize German enemy property).

(2) This paragraph extends to England and Wales, Scotland and Northern
Ireland.

Hypnotism Act 1952

11 (1) 10Omit section 4 of the Hypnotism Act 1952 (constable’s power to enter
premises where entertainment is held if there is reasonable cause to believe
that there is a contravention of the Act).

(2) This paragraph extends to England and Wales only.

Landlord and Tenant Act 1985

12 (1) 15Omit section 8(2) of the Landlord and Tenant Act 1985 (power of landlord to
enter premises to view their state and condition).

(2) This paragraph extends to England and Wales only.

Gas Appliances (Safety) Regulations 1995 (S.I. 1995/1629S.I. 1995/1629)

13 (1) Omit regulation 24(6) of the Gas Appliances (Safety) Regulations 1995
20(power of authorised officer to enter premises for the purposes of
surveillance of manufacturer’s compliance with requirements).

(2) This paragraph extends to England and Wales, Scotland and Northern
Ireland.

Cross-border Railway Services (Working Time) Regulations 2008 (2008/1660)

14 (1) 25Omit paragraph 2(2)(a), (b) and (c) of Schedule 2 to the Cross-border
Railway Services (Working Time) Regulations 2008 (power of Office of Rail
Regulation’s inspector to enter premises for the purpose of carrying the
regulations into effect).

(2) This paragraph extends to England and Wales and Scotland only.

30Payment Services Regulations 2009 (S.I. 2009/209S.I. 2009/209)

15 (1) Omit regulation 83 of the Payment Services Regulations 2009 (power of an
officer of the Financial Services Authority to enter premises used in relation
to payment services).

(2) This paragraph extends to England and Wales, Scotland and Northern
35Ireland.

Section 53

SCHEDULE 3 Corresponding code of practice for Welsh devolved powers of entry

Code of practice

1 (1) The Welsh Ministers may prepare a code of practice containing guidance
5about the exercise of—

(a) powers of entry, or

(b) associated powers,

in relation to matters within the legislative competence of the National
Assembly for Wales.

(2) 10Such a code may, in particular, include provision about—

(a) considerations before exercising, or when exercising, any such
powers,

(b) considerations after exercising any such powers (such as the
retention of records, or the publication of information, about the
15exercise of any such powers).

(3) Such a code—

(a) need not contain provision about every type of power of entry or
associated power,

(b) may make different provision for different purposes.

(4) 20In the course of preparing such a code in relation to any powers, 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) 25such other persons as the Welsh Ministers consider appropriate.

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) 30The 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
351 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.

40Alteration 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
powers, the Welsh Ministers must consult—

(a) 5such 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) The Welsh Ministers must lay before the National Assembly for Wales an
10alteration 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) If no such resolution is made within that period, the Welsh Ministers must
15issue 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) Sub-paragraph (4) does not prevent the Welsh Ministers from laying a new
20alteration 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) In calculating the 40-day period, no account is to be taken of—

(a) 25any 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
30practice issued under paragraph 2(2) (as altered or replaced from time to
time).

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
35paragraph 3(5).

(3) The 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) 40A relevant person must have regard to the devolved powers of entry code
when 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
5proceedings.

(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
10by 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) 15contain 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) 20Before 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) 25No instrument containing the first order under sub-paragraph (5) is to be
made unless a draft of it has been laid before, and approved by a resolution
of, the National Assembly for Wales.

(10) Subject to this, an instrument containing an order under sub-paragraph (5)
is subject to annulment in pursuance of a resolution of the National
30Assembly for Wales.

Interpretation

6 In this Schedule—

• “the devolved powers of entry code” has the meaning given by
  paragraph 3(10),

• 35“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) 40This Schedule applies where—

(a) the driver of a vehicle is required by virtue of a relevant obligation to
pay parking charges in respect of the parking of the vehicle on
relevant land; and

(b) those charges have not been paid in full.

(2) 5It 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 (1) In this Schedule—

• “the appropriate national authority” means—

  (a)

  in relation to relevant land in England, the Secretary of State;
  10and

  (b)

  in relation to relevant land in Wales, the Welsh Ministers;

• “the creditor” means a person who is for the time being entitled to
  recover unpaid parking charges from the driver of the vehicle;

• “current address for service” means—

  (a)

  15in the case of the keeper, an address which is either—

  (i)

  an address at which documents relating to civil
  proceedings could properly be served on the person
  concerned under Civil Procedure Rules; or

  (ii)

  the keeper’s registered address (if there is one); or

  (b)

  20in the case of the driver, an address at which the driver for the
  time being resides or can conveniently be contacted;

• “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
  25vehicle was parked, which in the case of a registered vehicle is to be
  presumed, unless the contrary is proved, to be the registered keeper;

• “notice to driver” means a notice given in accordance with paragraph 7;

• “notice to keeper” means a notice given in accordance with paragraph
  8 or 9 (as the case may be);

• 30“parking charge”—

  (a)

  in the case of a relevant obligation arising under the terms of
  a relevant contract, means a sum in the nature of a fee or
  charge, and

  (b)

  in the case of a relevant obligation arising as a result of a
  35trespass or other tort, means a sum in the nature of damages,

  however the sum in question is described;

• “registered address” means, in relation to the keeper of a registered
  vehicle, the address described in paragraph 11(3)(b) (as provided by
  the Secretary of State in response to the application for the keeper’s
  40details required by paragraph 11);

• “registered keeper”, in relation to a registered vehicle, means the
  person 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;

• 45“relevant contract” means a contract (including a contract arising only
  when the vehicle was parked on the relevant land) between the
  driver and a person who is—

  (a)

  the owner or occupier of the land; or

  (b)

  authorised, under or by virtue of arrangements made by the
  50owner or occupier of the land, to enter into a contract with the

  Protection of Freedoms BillPage 130

  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;

• “relevant obligation” means—

  (a)

  5an obligation arising under the terms of a relevant contract;
  or

  (b)

  an obligation arising, in any circumstances where there is no
  relevant contract, as a result of a trespass or other tort
  committed by parking the vehicle on the relevant land;

• 10“vehicle” means a mechanically-propelled vehicle or a vehicle designed
  or adapted for towing by a mechanically-propelled vehicle.

(2) The reference in the definition of “parking charge” to a sum in the nature of
damages is to a sum of which adequate notice was given to drivers of
vehicles (when the vehicle was parked on the relevant land).

(3) 15For the purposes of sub-paragraph (2) “adequate notice” means notice given
by—

(a) the display of one or more notices in accordance with any applicable
requirements prescribed in regulations under paragraph 12 for, or
for purposes including, the purposes of sub-paragraph (2); or

(b) 20where no such requirements apply, the display of one or more
notices which—

(i) specify the sum as the charge for unauthorised parking; and

(ii) are adequate to bring the charge to the notice of drivers who
park vehicles on the relevant land.

3 (1) 25In this Schedule “relevant land” means any land (including land above or
below 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) 30any land (not falling within paragraph (a) or (b)) on which the
parking 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;

• 35“traffic authority” means each of the following—

  (a)

  the Secretary of State;

  (b)

  the Welsh Ministers;

  (c)

  Transport for London;

  (d)

  the Common Council of the City of London;

  (e)

  40the council of a county, county borough, London borough or
  district;

  (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
45“subject to statutory control” if any statutory provision imposes a liability
(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) any Act (including a local or private Act), whenever passed; or

(b) any subordinate legislation, whenever made,

5and 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) The creditor has the right to recover any unpaid parking charges from the
keeper of the vehicle.

(2) 10The right under this paragraph applies only if—

(a) the conditions specified in paragraphs 5, 6, 11 and 12 (so far as
applicable) are met; and

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

(3) 15For the purposes of the condition in sub-paragraph (2)(b), the vehicle is to be
presumed not to be a stolen vehicle at the material time, unless the contrary
is proved.

(4) The right under this paragraph may only be exercised after the end of the
period of 28 days beginning with the day on which the notice to keeper is
20given.

(5) The maximum sum which may be recovered from the keeper by virtue of the
right conferred by this paragraph is the amount specified in the notice to
keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any
payments towards the unpaid parking charges which are received after the
25time so specified).

(6) 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).

(7) The right under this paragraph is subject to paragraph 13 (which provides
30for the right not to apply in certain circumstances in the case of a hire
vehicle).

Conditions that must be met for purposes of paragraph 4

5 (1) The first condition is that the creditor—

(a) has the right to enforce against the driver of the vehicle the
35requirement to pay the unpaid parking charges; but

(b) is unable to take steps to enforce that requirement against the driver
because the creditor does not know both the name of the driver and
a current address for service for the driver.

(2) Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the
40period of 28 days beginning with the day on which the notice to keeper is
given) the creditor begins proceedings to recover the unpaid parking
charges from the keeper.

6 (1) The second condition is that the creditor (or a person acting for or on behalf
of the creditor)—

(a) has given a notice to driver in accordance with paragraph 7, followed
by a notice to keeper in accordance with paragraph 8; or

(b) has given a notice to keeper in accordance with paragraph 9.

(2) If a notice to driver has been given, any subsequent notice to keeper must be
5given in accordance with paragraph 8.

7 (1) A notice which is to be relied on as a notice to driver for the purposes of
paragraph 6(1)(a) is given in accordance with this paragraph if the following
requirements are met.

(2) The notice must—

(a) 10specify the vehicle, the relevant land on which it was parked and the
period of parking to which the notice relates;

(b) inform the driver of the requirement to pay parking charges in
respect of the specified period of parking and describe those charges,
the circumstances in which the requirement arose (including the
15means by which it was brought to the attention of drivers) and the
other facts that made those charges payable;

(c) inform the driver that the parking charges relating to the specified
period of parking have not been paid in full and specify the total
amount of the unpaid parking charges relating to that period, as at a
20time which is—

(i) specified in the notice; and

(ii) no later than the time specified under paragraph (f);

(d) inform the driver of any discount offered for prompt payment and
the arrangements for the resolution of disputes or complaints that
25are available;

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

(f) specify the time when the notice is given and the date.

(3) The notice must relate only to a single period of parking specified under sub-
30paragraph (2)(a) (but this does not prevent the giving of separate notices
each specifying different parts of a single period of parking).

(4) The notice must be given—

(a) before the vehicle is removed from the relevant land after the end of
the period of parking to which the notice relates, and

(b) 35while the vehicle is stationary,

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

(5) In sub-paragraph (2)(d) the reference to arrangements for the resolution of
disputes or complaints includes—

(a) 40any procedures offered by the creditor for dealing informally with
representations by the driver about the notice or any matter
contained in it; and

(b) any arrangements under which disputes or complaints (however
described) may be referred by the driver to independent
45adjudication or arbitration.

8 (1) A notice which is to be relied on as a notice to keeper for the purposes of
paragraph 6(1)(a) 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
5in respect of the specified period of parking and that the parking
charges have not been paid in full;

(c) state that a notice to driver relating to the specified period of parking
has been given and repeat the information in that notice as required
by paragraph 7(2)(b), (c) and (f);

(d) 10if the unpaid parking charges specified in that notice to driver as
required by paragraph 7(2)(c) have been paid in part, specify the
amount that remains unpaid, as at a time which is—

(i) specified in the notice to keeper, and

(ii) no later than the end of the day before the day on which the
15notice 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) 20to 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, at the end of the period of 28 days beginning
25with the day after that on which the notice to keeper is given—

(i) the amount of the unpaid parking charges (as specified under
paragraph (c) or (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,

30the 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
35are 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 (if it is sent by post) or
given (in any other case).

(3) 40The 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—

(a) handing it to the keeper, or leaving it at a current address for service
45for 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 28
days following the period of 28 days beginning with the day after that on
50which the notice to driver was given.

(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.

(8) In sub-paragraph (2)(g) the reference to arrangements for the resolution of
disputes or complaints includes—

(a) 10any procedures offered by the creditor for dealing informally with
representations by the keeper about the notice or any matter
contained in it; and

(b) any arrangements under which disputes or complaints (however
described) may be referred by the keeper to independent
15adjudication or arbitration.

9 (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) 20specify 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) 25describe 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
30at 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-
35paragraph (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
40creditor 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
45paragraph (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
50amount 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
5notification 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
10which each specify different parts of a single period of parking).

(4) The notice must be given by—

(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
15that 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
20have 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
25under paragraph 10.

(8) In sub-paragraph (2)(g) the reference to arrangements for the resolution of
disputes or complaints includes—

(a) any procedures offered by the creditor for dealing informally with
representations by the keeper about the notice or any matter
30contained in it; and

(b) any arrangements under which disputes or complaints (however
described) may be referred by the keeper to independent
adjudication or arbitration.

10 (1) The appropriate national authority may by regulations made by statutory
35instrument 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
40otherwise 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) 45The regulations may—

(a) include 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
made an application for the keeper’s details in relation to the period
5of 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) the information sought by the application is provided by the
10Secretary 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
15Registration 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
20the 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) The appropriate national authority may by regulations made by statutory
25instrument 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) 30requiring notices of more than one kind to be displayed on any
relevant land;