Protection of Freedoms Bill (HL Bill 128)

(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
5Secretary 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
10Registration 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
15the 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
20instrument 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) 25requiring notices of more than one kind to be displayed on any
relevant land;

(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) 30include 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
35the 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) 40The 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
45effect that at the material time the vehicle was hired to a named
person 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) 5contain 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
10hirer;

(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
15regulations 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
20which 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) 25provides 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) 30any 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) 35“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
40mentioned 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) 45the 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
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) the vehicle was not a stolen vehicle at the beginning of the period of
parking to which the unpaid parking charges relate.

(3) 5In 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) 10The 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) 15warn 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
20the 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) 25identify 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) 30handing 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) 35an 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-
40paragraph (2)(a).

(7) In sub-paragraph (5)(d) 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 hirer about the notice or any matter contained
45in it; and

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

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
5than a vehicle exempted by sub-paragraph (2)), and

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

(2) 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
10or air force purposes, or

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

Power to amend Schedule

16 (1) 15The appropriate national authority may by order made by statutory
instrument 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) 20The power to amend this Schedule for the purpose mentioned in sub-
paragraph (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) 25any powers of the appropriate national authority to prescribe
anything for the purposes of a condition by regulations made by
statutory instrument.

(3) An order under this paragraph may—

(a) include incidental, supplementary, transitional, transitory or saving
30provision;

(b) make different provision for different purposes.

17 (1) A 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
35made by the Secretary of State); or

(b) a resolution of the National Assembly for Wales (in the case of
regulations 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
40unless a draft of the instrument has been laid before, and approved
by a resolution of, each House of Parliament;

(b) in the case of an order of the Welsh Ministers, is not to be made
unless a draft of the instrument has been laid before, and approved
by a resolution of, the National Assembly for Wales.

Section 61(2)

SCHEDULE 5 Replacement powers to stop and search: supplementary provisions

After Schedule 6A to the Terrorism Act 2000 insert—

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

5Extent of search powers: supplementary

1 A constable exercising the power conferred by an authorisation
under section 47A may not require a person to remove any
clothing in public except for headgear, footwear, an outer coat, a
jacket or gloves.

2 (1) 10Sub-paragraph (2) applies if a constable proposes to search a
person or vehicle by virtue of section 47A(2) or (3).

(2) The constable may detain the person or vehicle for such time as is
reasonably required to permit the search to be carried out at or
near the place where the person or vehicle is stopped.

15Requirements as to writing

3 A senior police officer who gives an authorisation under section
47A orally must confirm it in writing as soon as reasonably
practicable.

4 (1) Where—

(a) 20a vehicle or pedestrian is stopped by virtue of section
47A(2) or (3), and

(b) the driver of the vehicle or the pedestrian applies for a
written statement that the vehicle was stopped, or that the
pedestrian was stopped, by virtue of section 47A(2) or (as
25the case may be) (3),

the written statement must be provided.

(2) An application under sub-paragraph (1) must be made within the
period of 12 months beginning with the date on which the vehicle
or pedestrian was stopped.

30Duration of authorisations

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

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

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

(2) This paragraph is subject as follows.

6 35The specified date or time must not occur after the end of the
period of 14 days beginning with the day on which the
authorisation is given.

7 (1) The senior police officer who gives an authorisation must inform
the Secretary of State of it as soon as reasonably practicable.

(2) An authorisation ceases to have effect at the end of the period of
48 hours beginning with the time when it is given unless it is
confirmed by the Secretary of State before the end of that period.

(3) An authorisation ceasing to have effect by virtue of sub-paragraph
5(2) does not affect the lawfulness of anything done in reliance on
it before the end of the period concerned.

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

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

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

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

9 (1) A senior police officer may—

(a) 15cancel an authorisation with effect from a time identified
by the officer concerned;

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

(c) substitute a more restricted area or place for the specified
20area or place.

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

10 An authorisation given by a member of the Civil Nuclear
25Constabulary does not have effect except in relation to times when
the specified area or place is a place where members of that
Constabulary have the powers and privileges of a constable.

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

30Specified areas or places

12 (1) An authorisation given by a senior police officer who is not a
member of the British Transport Police Force, the Ministry of
Defence Police or the Civil Nuclear Constabulary may specify an
area or place together with—

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

(b) a specified area of those internal waters.

(2) In sub-paragraph (1) “internal waters” means waters in the United
Kingdom that are not comprised in any police area.

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

(a) 40the power of a senior police officer under paragraph
5(1)(b) to specify a date or time includes a power to specify
different dates or times for different areas or places (and
the other references in this Schedule to the specified date or
time are to be read accordingly), and

(b) 45the power of the Secretary of State under paragraph
7(4)(b), and of a senior police officer under paragraph

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

Interpretation

14 (1) In this Schedule—

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

• “senior police officer” means—

  (a)

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

  (b)

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

  (c)

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

  (d)

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

• “specified” means specified in an authorisation.

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

(a) 30in relation to an authorisation where the specified area or
place is the whole or part of a police area outside Northern
Ireland and is in a place described in section 34(1A), a
member of the British Transport Police Force who is of at
least the rank of assistant chief constable;

(b) 35in relation to an authorisation where the specified area or
place is a place to which section 2(2) of the Ministry of
Defence Police Act 1987 applies, a member of the Ministry
of Defence Police who is of at least the rank of assistant
chief constable;

(c) 40in relation to an authorisation where the specified area or
place is a place in which members of the Civil Nuclear
Constabulary have the powers and privileges of a
constable, a member of that Constabulary who is of at least
the rank of assistant chief constable;

45but such references are not to be read as including a member of the
British Transport Police Force, the Ministry of Defence Police or
the Civil Nuclear Constabulary in any other case.”

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
2007 (stopping and searching persons in relation to unlawful munitions and
5wireless 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) In sub-paragraph (2)—

(a) 10for “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) After sub-paragraph (3) insert—

“(4) 15A 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) In the italic cross-heading before paragraph 4, at the end, insert “: general”.

2 20After 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) reasonably suspects (whether in relation to a particular
25case, 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) reasonably considers that—

(i) the authorisation is necessary to prevent such
30danger,

(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
is necessary to prevent such danger.

(2) 35An 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
under this paragraph only for the purpose of ascertaining whether
40the 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
there 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) 5Where 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
10orally 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,

• 15“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) 20This paragraph is subject as follows.

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
25Secretary 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
30(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) 35substitute 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) 40cancel 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
45area 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
5prevent 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) 10any 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) 15the 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) 20the power of the Secretary of State under paragraph
4D(4)(b), and of a senior officer under paragraph 4F(1)(c),
includes a power to remove areas or places from the
authorisation.

4I (1) Sub-paragraph (2) applies if any decision of—

(a) 25a senior officer to give, vary or cancel an authorisation
under paragraph 4A, or

(b) the Secretary of State to confirm, vary or cancel such an
authorisation,

is challenged on judicial review or in any other legal proceedings.

(2) 30The Secretary of State may issue a certificate that—

(a) the interests of national security are relevant to the
decision, and

(b) the decision was justified.

(3) The Secretary of State must notify the person making the challenge
35(“the claimant”) if the Secretary of State intends to rely on a
certificate under this paragraph.

(4) Where the claimant is notified of the Secretary of State’s intention
to rely on a certificate under this paragraph—

(a) the claimant may appeal against the certificate to the
40Tribunal established under section 91 of the Northern
Ireland Act 1998, and

(b) sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect
of appeal, procedure and further appeal) apply but subject
to sub-paragraph (5).

(5) 45In its application by virtue of sub-paragraph (4)(b), section 90(3) of
the Act of 1998 is to be read as if for the words from “subsection”
to “that purpose,” there were substituted “paragraph 4I(4)(a) of