|
| |
|
(3) | This paragraph extends to England and Wales, Scotland and Northern |
| |
| |
| |
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. |
| 5 |
(2) | After 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 |
| 10 |
in 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 |
| 15 |
Part 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 |
| |
| |
(b) | in relation to any other waste collection authority,”. |
| 20 |
(5) | This paragraph extends to England and Wales only. |
| |
| |
| |
Dairy Herd Conversion Premium Regulations 1973 (S.I. 1973/1642) |
| |
4 (1) | Omit regulation 5 of the Dairy Herd Conversion Premium Regulations 1973 |
| 25 |
(power of authorised officer to enter land to inspect livestock in respect of |
| |
which a premium has been applied for etc.). |
| |
| |
(a) | in regulation 2(1) of those Regulations omit the definition of |
| |
“authorised officer”, and |
| 30 |
(b) | in regulation 7 of those Regulations, omit sub-paragraph (b) and the |
| |
| |
(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 |
| 35 |
entry in connection with compensation payments). |
| |
(2) | Also, in section 3(1) of that Act, omit paragraph (b) and the word “or” before |
| |
| |
(3) | This paragraph extends to England and Wales only. |
| |
|
| |
|
| |
|
Cereals Co-responsibility Levy Regulations 1988 (S.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). |
| |
| |
(a) | in regulation 9 of those Regulations omit “or 8”, and |
| 5 |
(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. |
| |
Oilseeds Producers (Support System) Regulations 1992 (S.I. 1992/695) |
| |
7 (1) | Omit regulation 5 of the Oilseeds Producers (Support System) Regulations |
| 10 |
1992 (power of authorised officer to enter and inspect oilseeds producers’ |
| |
| |
| |
(a) | in regulation 2(1) of those Regulations omit the definitions of |
| |
“authorised officer”, “oilseeds” and “specified control measure”, and |
| 15 |
(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. 2005/3522) |
| |
8 (1) | Omit regulation 5 of the Older Cattle (Disposal) (England) Regulations 2005 |
| |
(power of inspector to enter premises for the purposes of ensuring that |
| 20 |
regulations are being complied with). |
| |
(2) | This paragraph extends to England and Wales, Scotland and Northern |
| |
| |
Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006 |
| |
| 25 |
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) | This paragraph extends to England and Wales, Scotland and Northern |
| |
| 30 |
| |
| |
Distribution of German Enemy Property (No 1) Order 1950 (S.I. 1950/1642) |
| |
10 (1) | Omit article 22 of the Distribution of German Enemy Property (No 1) Order |
| |
1950 (power of constable to enter premises under warrant to search for and |
| 35 |
seize German enemy property). |
| |
(2) | This paragraph extends to England and Wales, Scotland and Northern |
| |
| |
|
| |
|
| |
|
| |
11 (1) | Omit 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. |
| 5 |
Landlord and Tenant Act 1985 |
| |
12 (1) | Omit 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. 1995/1629) |
| 10 |
13 (1) | Omit regulation 24(6) of the Gas Appliances (Safety) Regulations 1995 |
| |
(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 |
| |
| 15 |
Cross-border Railway Services (Working Time) Regulations 2008 (2008/1660) |
| |
14 (1) | Omit 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). |
| 20 |
(2) | This paragraph extends to England and Wales and Scotland only. |
| |
Payment Services Regulations 2009 (S.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 |
| |
| 25 |
(2) | This paragraph extends to England and Wales, Scotland and Northern |
| |
| |
| |
| |
Corresponding code of practice for Welsh devolved powers of entry |
| |
| 30 |
1 (1) | The Welsh Ministers may prepare a code of practice containing guidance |
| |
| |
| |
| |
| in relation to matters within the legislative competence of the National |
| 35 |
| |
|
| |
|
| |
|
(2) | Such a code may, in particular, include provision about— |
| |
(a) | considerations before exercising, or when exercising, any such |
| |
| |
(b) | considerations after exercising any such powers (such as the |
| |
retention of records, or the publication of information, about the |
| 5 |
exercise of any such powers). |
| |
| |
(a) | need not contain provision about every type of power of entry or |
| |
| |
(b) | may make different provision for different purposes. |
| 10 |
(4) | In the course of preparing such a code in relation to any powers, the Welsh |
| |
| |
(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 |
| 15 |
(b) | such other persons as the Welsh Ministers consider appropriate. |
| |
| |
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. |
| 20 |
(2) | The 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 |
| 25 |
1 if the draft of the order is not so approved. |
| |
(5) | A code comes into force in accordance with an order under this paragraph. |
| |
| |
(a) | is to be a statutory instrument, and |
| |
(b) | may contain transitional, transitory or saving provision. |
| 30 |
Alteration 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 |
| 35 |
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) | such other persons as the Welsh Ministers consider appropriate. |
| 40 |
(3) | The Welsh Ministers must lay before the National Assembly for Wales an |
| |
alteration 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 |
| |
issue the alteration or replacement code. |
| 5 |
(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 |
| |
alteration or replacement code before the National Assembly for Wales. |
| 10 |
(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 |
| |
| |
(9) | In calculating the 40-day period, no account is to be taken of— |
| |
(a) | any period during which the National Assembly for Wales is |
| 15 |
| |
(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 |
| |
practice issued under paragraph 2(2) (as altered or replaced from time to |
| 20 |
| |
| |
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 |
| |
| 25 |
(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. |
| |
| |
5 (1) | A relevant person must have regard to the devolved powers of entry code |
| 30 |
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 |
| 35 |
| |
(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 |
| 40 |
by 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 |
| |
| |
(b) | contain transitional, transitory or saving provision. |
| 5 |
(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) | Before making an order under sub-paragraph (5) in relation to any person or |
| 10 |
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) | An instrument containing an order under sub-paragraph (5) is subject to |
| 15 |
annulment in pursuance of a resolution of the National Assembly for Wales. |
| |
| |
| |
“the devolved powers of entry code” has the meaning given by |
| |
| 20 |
“power of entry” and “associated power” have the meaning given by |
| |
| |
| |
| |
Recovery of unpaid parking charges |
| |
| 25 |
1 (1) | This Schedule applies where— |
| |
(a) | the driver of a vehicle is required by a relevant contract to pay |
| |
parking charges in respect of the parking of the vehicle on relevant |
| |
| |
(b) | those charges have not been paid or have only been partly paid. |
| 30 |
(2) | It 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. |
| |
| |
“the appropriate national authority” means— |
| |
(a) | in relation to relevant land in England, the Secretary of State; |
| 35 |
| |
(b) | in relation to relevant land in Wales, the Welsh Ministers; |
| |
“the creditor” means a person who is for the time being entitled to claim |
| |
unpaid parking charges from the driver of the vehicle; |
| |
“current address for service” has the meaning given by paragraph 5(3) |
| 40 |
(for the driver) or paragraph 7(5) (for the keeper); |
| |
|
| |
|
| |
|
“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 |
| |
vehicle was parked, which in the case of a registered vehicle is to be |
| |
presumed, unless the contrary is proved, to be the registered keeper; |
| 5 |
“parking charge” means a fee or charge (however described) required |
| |
to be paid by the driver of the vehicle under the terms of the relevant |
| |
contract in respect of the parking of the vehicle on the land; |
| |
“registered keeper”, in relation to a registered vehicle, means the |
| |
person in whose name the vehicle is registered; |
| 10 |
“registered vehicle” means a vehicle which is for the time being |
| |
registered under the Vehicle Excise and Registration Act 1994; |
| |
“relevant contract” means a contract (including a contract arising only |
| |
when the vehicle was parked on the land) between the driver and a |
| |
| 15 |
(a) | the owner or occupier of the land; or |
| |
(b) | authorised, under or by virtue of arrangements made by the |
| |
owner or occupier of the land, to enter into a contract with the |
| |
driver requiring the payment of parking charges in respect of |
| |
the parking of the vehicle on the land; |
| 20 |
“relevant land” has the meaning given by paragraph 3; |
| |
“unpaid parking charges” means parking charges which have not been |
| |
paid or, where they have been paid in part, the part that has not been |
| |
| |
“vehicle” means a mechanically-propelled vehicle or a vehicle designed |
| 25 |
or adapted for towing by a mechanically-propelled vehicle. |
| |
3 (1) | In 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); |
| 30 |
(b) | a parking place which is provided or controlled by a traffic authority; |
| |
(c) | any 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 |
| 35 |
Traffic Regulation Act 1984; |
| |
“traffic authority” means each of the following— |
| |
(a) | the Secretary of State; |
| |
| |
(c) | Transport for London; |
| 40 |
(d) | the Common Council of the City of London; |
| |
(e) | the council of a county, county borough, London borough or |
| |
| |
(f) | a parish or community council; |
| |
(g) | the Council of the Isles of Scilly. |
| 45 |
(3) | For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is |
| |
“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 |
| |
|
| |
|