Protection of Freedoms Bill (HL Bill 121)

(b) as to the content or form of any notices required to be displayed; and

(c) as to the location of any notices required to be displayed.

(4) Regulations under this paragraph may—

(a) 35include incidental, supplementary, transitional, transitory or saving
provision;

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

Hire vehicles

13 (1) This paragraph applies in the case of parking charges incurred in respect of
40the parking of a vehicle on relevant land if—

(a) the vehicle was at the time of parking hired to any person under a
hire 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) 45The 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,

within 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
5person under a hire agreement;

(b) a 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) 10contain a statement by the hirer to the effect that the hirer
acknowledges 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
15hirer;

(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
20regulations made by statutory instrument.

(5) The 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
25which payments may be sent; or

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

(6) In this paragraph and paragraph 14—

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

(i) 30provides for a vehicle to be let to a person (“the hirer”) for a
period of any duration (whether or not the period is capable
of extension by agreement between the parties); and

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

(b) 35any reference to the currency of a hire agreement includes a reference
to 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) 40“vehicle-hire firm” means any person engaged in the hiring of
vehicles 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
45mentioned in the notice to keeper, and

(b) the 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
accordance with sub-paragraph (5) (a “notice to hirer”), together
with a copy of the documents mentioned in paragraph 13(2) and the
5notice to keeper;

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

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

(3) 10In 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) For 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) 15The 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
be recovered from the hirer;

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

(c) 20warn 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
paragraph 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
25the right to recover from the hirer so much of that amount as remains
unpaid;

(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) 30identify the creditor and specify how and to whom payment may be
made; 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) 35handing them to the hirer;

(b) leaving 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) 40an address at which documents relating to civil proceedings
could 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-
45paragraph (2)(a).

Application 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) any person in the public service of the Crown who is the keeper of a
5vehicle 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) belongs to any visiting forces (within the meaning of the Visiting
10Forces 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
instrument amend this Schedule for the purpose of—

(a) 15amending the definition of “relevant land” in paragraph 3;

(b) adding to, removing or amending any of the conditions to which the
right conferred by paragraph 4 is for the time being subject.

(2) The power to amend this Schedule for the purpose mentioned in sub-
paragraph (1)(b) includes, in particular, power to add to, remove or
20amend—

(a) any provisions that are applicable for the purposes of a condition;
and

(b) any powers of the appropriate national authority to prescribe
anything for the purposes of a condition by regulations made by
25statutory instrument.

(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) 30A 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
35regulations 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) 40in 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.