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Make
certain enforcement activities in relation to parking on private
land |
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subject to regulation under
the Private Security Industry Act 2001; and for |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Amendment
of the Private Security Industry Act 2001 |
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(1) |
The Private
Security Industry Act 2001 (c. 12) is amended as follows. |
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(2) |
After section 6, insert— |
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“6A |
Offence
of using unlicensed parking enforcers on private land |
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(1) |
A person who is an occupier
of any private land is guilty of an offence |
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5 |
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(a) |
any individual carries out,
in relation to motor vehicles on that |
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land,
any designated activities consisting in activities to which |
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paragraph
3A or 3B of Schedule 2 applies; |
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(b) |
the carrying out of those
activities involves that individual’s |
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10 |
engaging
in licensable conduct in respect of which he is not the |
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(c) |
those activities are carried
out with the permission of that |
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occupier
or for the purposes of, or in connection with, any |
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contract
for the supply of services to him. |
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15 |
(2) |
In proceedings against
any person for an offence under this section it |
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shall
be a defence for that person to show either— |
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(a) |
that he did not know, and
had no reasonable grounds for |
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suspecting,
at the time when the activities were carried out, that |
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the
individual in question was not the holder of a licence in |
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respect
of those activities; or |
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(b) |
that he took all reasonable
steps, in relation to the carrying out |
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of
those activities, for securing that that individual would not
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engage
in any licensable conduct in respect of which he was not |
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(3) |
A person shall not be guilty
of an offence under this section in respect |
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of
the carrying out of activities which are comprised in any conduct
of |
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an
individual in which he is entitled to engage by virtue of section
4. |
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5 |
(4) |
A person guilty of an offence
under this section shall be liable— |
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(a) |
on summary conviction, to
imprisonment for a term not |
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exceeding
six months or to a fine not exceeding the statutory |
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(b) |
on conviction on indictment,
to imprisonment for a term not |
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exceeding
five years or to a fine, or to both. |
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(5) |
In this section ‘private
land’ has the same meaning as in paragraph |
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(3) |
In section 9 (licence conditions),
in subsection (1), after paragraph (c), insert— |
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“(ca) |
conditions imposing obligations
to comply with any guidance |
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15 |
issued
under section 13A;”. |
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(4) |
After section 13, insert— |
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13A |
Guidance
relating to parking enforcement on private land |
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(1) |
The Authority shall prepare,
and may from time to time revise, |
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guidance
about the carrying out of activities to which paragraph 3B of
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Schedule
2 (parking enforcement on private land) applies. |
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(2) |
Guidance under this section
shall, in particular, contain provision |
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(a) |
the amount of any charge
other than a parking charge imposed |
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in
connection with the parking of a motor vehicle on private |
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(b) |
the circumstances in which
such a charge may properly be |
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(c) |
the means by which the imposition
of such charges are to be |
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advertised
on the relevant land or elsewhere, |
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(d) |
activities that may be carried
on in connection with the |
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imposition
of such charges, and |
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(e) |
other enforcement activities
to which paragraph 3B of Schedule |
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2
applies that may be carried on. |
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(3) |
Guidance under this section
shall be published in such manner as the |
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(4) |
In this section ‘parking
charge’ and ‘private land’ have the same |
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meaning
as in paragraph 3B(5) of Schedule 2.” |
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(5) |
In Schedule 2 (activities
liable to control under the Act)— |
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(a) |
after
paragraph 3A, insert— |
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“Parking enforcement
on private land |
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3B (1) |
This paragraph applies
(subject to the following provisions of |
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(a) |
the imposition
of a charge other than a parking charge |
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in
connection with the parking of a motor vehicle on |
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(b) |
any enforcement
activity relating to the imposition of |
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charge
specified in paragraph (a), and |
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(c) |
any other enforcement
activity in connection with the |
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parking
of a motor vehicle on private land when |
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carried
on with the requisite purpose. |
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(2) |
For the purposes
of sub-paragraph (1)(c), ‘the requisite |
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purpose’
is the purpose of taking action in consequence of the |
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belief
that a motor vehicle has been parked on private land |
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(a) |
proper authority
having been given, |
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(b) |
a parking charge
having been paid, or |
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(c) |
an intent being
demonstrated to pay a parking |
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(3) |
This paragraph
does not apply to activities to which |
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(4) |
This paragraph
does not apply to activities relating to the |
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obtaining
and use of information under regulation 27 of the |
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Road
Vehicles (Registration and Licensing) Regulations 2002 |
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(S.I.
2002/2742) (disclosure of registration and licensing |
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(5) |
For the purposes
of this paragraph— |
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‘land’ includes any premises on that land; |
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‘parking charge’ means a charge in connection with
the |
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parking
of a motor vehicle on particular land where— |
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(a) |
that charge is ordinarily
charged before or at |
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the
time that a motor vehicle parks on that |
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(b) |
the requirement for
the charge to be paid is |
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advertised
on or within close proximity to the |
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‘private land’ means any land which— |
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(a) |
is not owned or used
(in whole or in part) for |
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the
purposes of a public authority; and |
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(b) |
is not on a road within
the meaning of the |
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‘public authority’ has the same meaning as in section
6 |
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of
the Human Rights Act 1998 (c. 42).”;
and |
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