Private Parking Enforcement (Regulation) Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Private Parking Enforcement (Regulation) Bill

Private Parking Enforcement (Regulation) Bill

1

A

Bill

To

Make certain enforcement activities in relation to parking on private land

subject to regulation under the Private Security Industry Act 2001; and for

connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

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Amendment of the Private Security Industry Act 2001

(1)

The Private Security Industry Act 2001 (c. 12) is amended as follows.

(2)

After section 6, insert—

“6A

Offence of using unlicensed parking enforcers on private land

(1)

A person who is an occupier of any private land is guilty of an offence

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if—

(a)

any individual carries out, in relation to motor vehicles on that

land, any designated activities consisting in activities to which

paragraph 3A or 3B of Schedule 2 applies;

(b)

the carrying out of those activities involves that individual’s

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engaging in licensable conduct in respect of which he is not the

holder of a licence; and

(c)

those activities are carried out with the permission of that

occupier or for the purposes of, or in connection with, any

contract for the supply of services to him.

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(2)

In proceedings against any person for an offence under this section it

shall be a defence for that person to show either—

(a)

that he did not know, and had no reasonable grounds for

suspecting, at the time when the activities were carried out, that

the individual in question was not the holder of a licence in

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respect of those activities; or

(b)

that he took all reasonable steps, in relation to the carrying out

of those activities, for securing that that individual would not

Bill 95 53/4

Private Parking Enforcement (Regulation) Bill

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engage in any licensable conduct in respect of which he was not

the holder of a licence.

(3)

A person shall not be guilty of an offence under this section in respect

of the carrying out of activities which are comprised in any conduct of

an individual in which he is entitled to engage by virtue of section 4.

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(4)

A person guilty of an offence under this section shall be liable—

(a)

on summary conviction, to imprisonment for a term not

exceeding six months or to a fine not exceeding the statutory

maximum, or to both;

(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.

(5)

In this section ‘private land’ has the same meaning as in paragraph

3B(5) of Schedule 2.”

(3)

In section 9 (licence conditions), in subsection (1), after paragraph (c), insert—

“(ca)

conditions imposing obligations to comply with any guidance

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issued under section 13A;”.

(4)

After section 13, insert—

“Guidance

13A

Guidance relating to parking enforcement on private land

(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

Schedule 2 (parking enforcement on private land) applies.

(2)

Guidance under this section shall, in particular, contain provision

about—

(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

land,

(b)

the circumstances in which such a charge may properly be

imposed,

(c)

the means by which the imposition of such charges are to be

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advertised on the relevant land or elsewhere,

(d)

activities that may be carried on in connection with the

imposition of such charges, and

(e)

other enforcement activities to which paragraph 3B of Schedule

2 applies that may be carried on.

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(3)

Guidance under this section shall be published in such manner as the

Authority thinks fit.

(4)

In this section ‘parking charge’ and ‘private land’ have the same

meaning as in paragraph 3B(5) of Schedule 2.”

(5)

In Schedule 2 (activities liable to control under the Act)—

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Private Parking Enforcement (Regulation) Bill

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(a)

after paragraph 3A, insert—

“Parking enforcement on private land

3B    (1)

This paragraph applies (subject to the following provisions of

this paragraph) to—

(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

private land,

(b)

any enforcement activity relating to the imposition of

charge specified in paragraph (a), and

(c)

any other enforcement activity in connection with the

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parking of a motor vehicle on private land when

carried on with the requisite purpose.

      (2)

For the purposes of sub-paragraph (1)(c), ‘the requisite

purpose’ is the purpose of taking action in consequence of the

belief that a motor vehicle has been parked on private land

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without—

(a)

proper authority having been given,

(b)

a parking charge having been paid, or

(c)

an intent being demonstrated to pay a parking

charge.

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      (3)

This paragraph does not apply to activities to which

paragraph 3 or 3A apply

      (4)

This paragraph does not apply to activities relating to the

obtaining and use of information under regulation 27 of the

Road Vehicles (Registration and Licensing) Regulations 2002

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(S.I. 2002/2742) (disclosure of registration and licensing

particulars).

      (5)

For the purposes of this paragraph—

‘land’ includes any premises on that land;

‘parking charge’ means a charge in connection with the

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parking of a motor vehicle on particular land where—

(a)

that charge is ordinarily charged before or at

the time that a motor vehicle parks on that

land, and

(b)

the requirement for the charge to be paid is

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advertised on or within close proximity to the

land in question;

‘private land’ means any land which—

(a)

is not owned or used (in whole or in part) for

the purposes of a public authority; and

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(b)

is not on a road within the meaning of the

Road Traffic Act 1988;

‘public authority’ has the same meaning as in section 6

of the Human Rights Act 1998 (c. 42).”; and

Private Parking Enforcement (Regulation) Bill

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(b)

after paragraph 9A, insert—

“Parking enforcement on private land

9B

This paragraph applies to any activities which are activities

of a security operative by virtue of paragraph 3B of this

Schedule.”

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2

Short title and extent

(1)

This Act may be cited as the Private Parking Enforcement (Regulation) Act

2005.

(2)

This Act extends to England and Wales only.