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Protection of Freedoms Bill


Protection of Freedoms Bill
Schedule 2 — Repeals etc. of powers of entry
Part 2 — Agriculture

101

 

      (3)  

This paragraph extends to England and Wales, Scotland and Northern

Ireland.

Environment Act 1995

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

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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

domestic property); and

(b)   

in relation to any other waste collection authority,”.

20

      (5)  

This paragraph extends to England and Wales only.

Part 2

Agriculture

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.).

      (2)  

Also—

(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

word “or” before it.

      (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

it.

      (3)  

This paragraph extends to England and Wales only.

 
 

Protection of Freedoms Bill
Schedule 2 — Repeals etc. of powers of entry
Part 3 — Miscellaneous

102

 

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).

      (2)  

Also—

(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’

premises).

      (2)  

Also—

(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

Ireland.

Salmonella in Turkey Flocks and Slaughter Pigs (Survey Powers) (England) Regulations 2006

(S.I. 2006/2821)

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

Ireland.

30

Part 3

Miscellaneous

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

Ireland.

 
 

Protection of Freedoms Bill
Schedule 3 — Corresponding code of practice for Welsh devolved powers of entry

103

 

Hypnotism Act 1952

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

Ireland.

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

to payment services).

25

      (2)  

This paragraph extends to England and Wales, Scotland and Northern

Ireland.

Schedule 3

Section 53

 

Corresponding code of practice for Welsh devolved powers of entry

Code of practice

30

1     (1)  

The Welsh Ministers may prepare a code of practice containing guidance

about the exercise of—

(a)   

powers of entry, or

(b)   

associated powers,

           

in relation to matters within the legislative competence of the National

35

Assembly for Wales.

 
 

Protection of Freedoms Bill
Schedule 3 — Corresponding code of practice for Welsh devolved powers of entry

104

 

      (2)  

Such a code may, in particular, include provision about—

(a)   

considerations before exercising, or when exercising, any such

powers,

(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).

      (3)  

Such a code—

(a)   

need not contain provision about every type of power of entry or

associated power,

(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

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

15

(b)   

such other persons as the Welsh Ministers consider appropriate.

Issuing of code

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.

      (6)  

Such an order—

(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.

 
 

Protection of Freedoms Bill
Schedule 3 — Corresponding code of practice for Welsh devolved powers of entry

105

 

      (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

Assembly for Wales.

      (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

dissolved, and

(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

time).

Publication of code

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

paragraph 3(5).

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.

Effect of code

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

proceedings.

      (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.

 
 

Protection of Freedoms Bill
Schedule 4 — Recovery of unpaid parking charges

106

 

      (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

described functions,

(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.

Interpretation

6          

In this Schedule—

“the devolved powers of entry code” has the meaning given by

paragraph 3(10),

20

“power of entry” and “associated power” have the meaning given by

section 46.

Schedule 4

Section 56

 

Recovery of unpaid parking charges

Introductory

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

land; and

(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.

2          

In this Schedule—

“the appropriate national authority” means—

(a)   

in relation to relevant land in England, the Secretary of State;

35

and

(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);

 
 

Protection of Freedoms Bill
Schedule 4 — Recovery of unpaid parking charges

107

 

“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

person who is—

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

paid;

“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;

(b)   

the Welsh Ministers;

(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

district;

(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

 
 

 
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Revised 11 February 2011