House of Commons portcullis
House of Commons
Session 2010 - 11
Internet Publications
Other Bills before Parliament

Protection of Freedoms Bill


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

108

 

penalty of any kind) in respect of the parking on that land of vehicles

generally or of vehicles of a description that includes the vehicle in question.

      (4)  

In sub-paragraph (3) “statutory provision” means any provision (apart from

this Schedule) contained in—

(a)   

any Act (including a local or private Act), whenever passed; or

5

(b)   

any subordinate legislation, whenever made,

           

and for this purpose “subordinate legislation” means an Order in Council or

any order, regulations, byelaws or other legislative instrument.

Right to claim unpaid parking charges from keeper of vehicle

4     (1)  

The creditor has the right to claim payment of any unpaid parking charges

10

from the keeper of the vehicle.

      (2)  

That right applies only if—

(a)   

the conditions in paragraphs 5 and 6 are met; and

(b)   

in the case of a registered vehicle, the condition in paragraph 7 is also

met.

15

      (3)  

That right may not be exercised in relation to a vehicle if, at the beginning of

the period of parking to which the unpaid parking charges relate, the vehicle

is a stolen vehicle.

      (4)  

The vehicle is to be presumed not to be a stolen vehicle at that time, unless

the contrary is proved.

20

      (5)  

For the purposes of sub-paragraphs (3) and (4), a vehicle is a stolen vehicle

at that time only if—

(a)   

the vehicle has been stolen, and has not been recovered before that

time; and

(b)   

any requirements that apply for the purposes of this sub-paragraph

25

have been complied with by that time.

      (6)  

The requirements that apply for the purposes of sub-paragraph (5) are the

same as those (if any) that apply for the purposes of section 31B(4)(c) of the

Vehicle Excise and Registration Act 1994, as prescribed in regulations under

section 31B(6) of that Act (persons to whom, the times at which and the

30

manner in which the theft of a vehicle is to be notified).

      (7)  

The maximum sum which may be claimed from the keeper by virtue of the

right conferred by this paragraph is the amount specified in the notice to the

driver under paragraph 6(2)(d), less any payments towards the unpaid

parking charges which are received after the notice is given.

35

      (8)  

Nothing in this paragraph affects any other remedy the creditor may have

against the keeper of the vehicle or any other person in respect of any unpaid

parking charges (but this is not to be read as permitting double recovery).

Conditions that must be met for purposes of paragraph 4

5     (1)  

The first condition is that the creditor—

40

(a)   

has the right to enforce against the driver of the vehicle the terms of

the relevant contract which require the unpaid parking charges to be

paid; but

 
 

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

109

 

(b)   

is unable to enforce those terms against the driver because the

creditor does not know both the name of the driver and a current

address for service for the driver.

      (2)  

The first condition continues to apply unless and until the unpaid parking

charges are paid.

5

      (3)  

In this paragraph “current address for service” means an address at which

documents relating to civil proceedings against the driver to enforce

payment under the relevant contract could properly be served under Civil

Procedure Rules.

6     (1)  

The second condition is that—

10

(a)   

a notice that contains the information specified in sub-paragraph (2)

(a “notice to the driver”) has been given to the driver by or on behalf

of the creditor; and

(b)   

at least 28 days have elapsed beginning with the day on which the

notice was so given.

15

      (2)  

The notice must—

(a)   

state that by virtue of a contract the driver is required to pay parking

charges in respect of the parking of the vehicle on the land on such

day or days as the notice may specify;

(b)   

describe the circumstances in which the contract was formed, the

20

terms which require the driver to pay those charges and the facts that

make them payable;

(c)   

state that the parking charges in question have not been paid (or paid

in full);

(d)   

state the total amount of unpaid parking charges due from the driver

25

(as at such time as may be specified in the notice, which must be no

later than the time specified under paragraph (g));

(e)   

inform the driver of any discount offered for prompt payment and

any arrangements for the resolution of disputes or complaints that

are made available to the driver;

30

(f)   

specify how and to whom payment may be made;

(g)   

state the time and date on which the notice was issued.

      (3)  

A notice to the driver must be given before the vehicle is removed from the

land in question (and while it is stationary) by affixing it to the vehicle or by

handing it to a person appearing to be in charge of the vehicle.

35

      (4)  

A notice to the driver may relate to charges incurred over a period of more

than one day; but the same notice may not deal with unpaid parking charges

relating to more than one period of parking.

7     (1)  

The third condition applies only to registered vehicles.

      (2)  

The third condition is that—

40

(a)   

the creditor (or a person acting for or on behalf of the creditor) has

applied to the Secretary of State for the name and address of the

registered keeper of the vehicle to be provided to the applicant by

virtue of regulations made under section 22(1)(c) of the Vehicle

Excise and Registration Act 1994,

45

(b)   

the Secretary of State has provided that information to the applicant,

and

 
 

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

110

 

(c)   

the day on which a claim for payment by the registered keeper of the

unpaid parking charges is first made by virtue of the right conferred

by paragraph 4 is within the period of 60 days beginning with the

day on which that information was provided by the Secretary of

State.

5

      (3)  

Information provided by the Secretary of State as mentioned in sub-

paragraph (2) may be used for the purposes of any claim by virtue of the

right conferred by paragraph 4 for payment of unpaid parking charges

which is made by the same creditor in relation to a period of parking by the

same vehicle (subject to the limitation in sub-paragraph (2)(c)).

10

      (4)  

For the purposes of sub-paragraph (2)(c), a claim is “first made” on the day

when the creditor gives to the registered keeper a written demand for

payment of the unpaid parking charges (which may be given by handing it

to the keeper or by leaving it at or sending it by post to a current address for

service for the keeper).

15

      (5)  

In this paragraph “current address for service” means an address at which

documents relating to civil proceedings against the keeper to enforce the

right conferred by paragraph 4 could properly be served under Civil

Procedure Rules.

Application to Crown vehicles etc

20

8     (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

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

(b)   

any person in the public service of the Crown who is the keeper of a

25

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

or air force purposes, or

(b)   

belongs to any visiting forces (within the meaning of the Visiting

30

Forces Act 1952) or is at the relevant time used or appropriated for

use by such forces.

Power to amend Schedule

9     (1)  

The appropriate national authority may by order made by statutory

instrument amend this Schedule for the purpose of—

35

(a)   

adding to, removing or amending the exceptions for the time being

mentioned in paragraph 3(1);

(b)   

amending the definition of “traffic authority” in paragraph 3(2);

(c)   

amending or removing the exception in paragraph 4(3) or adding

further exceptions applying to the right conferred by paragraph 4;

40

(d)   

adding to, removing or amending the conditions to which that right

is for the time being subject.

      (2)  

The power to amend this Schedule for a purpose falling within sub-

paragraph (1)(d) includes power to amend the requirements for the time

being mentioned in paragraph 6(2) (whether by adding to, removing or

45

altering any of those requirements).

 
 

Protection of Freedoms Bill
Schedule 5 — Replacement powers to stop and search: supplementary provisions

111

 

      (3)  

An order under this paragraph may—

(a)   

include incidental, supplementary and consequential provision;

(b)   

make transitory or transitional provision and savings;

(c)   

make different provision for different cases, areas or purposes.

      (4)  

A statutory instrument containing an order under this paragraph—

5

(a)   

in the case of an order of the Secretary of State, is not to be made

unless 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

10

by a resolution of, the National Assembly for Wales.

Schedule 5

Section 60(2)

 

Replacement powers to stop and search: supplementary provisions

           

After Schedule 6A to the Terrorism Act 2000 insert—

“Schedule 6B

15

Searches in specified areas or places: supplementary

Extent of search powers: supplementary

1          

A constable exercising the power conferred by an authorisation

under section 43B may not require a person to remove any

clothing in public except for headgear, footwear, an outer coat, a

20

jacket or gloves.

2     (1)  

Sub-paragraph (2) applies if a constable proposes to search a

person or vehicle by virtue of section 43B(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

25

near the place where the person or vehicle is stopped.

Requirements as to writing

3          

A senior police officer who gives an authorisation under section

43B orally must confirm it in writing as soon as reasonably

practicable.

30

4     (1)  

Where—

(a)   

a vehicle or pedestrian is stopped by virtue of section

43B(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

35

pedestrian was stopped, by virtue of section 43B(2) or (as

the case may be) (3),

           

the written statement must be provided.

 
 

Protection of Freedoms Bill
Schedule 5 — Replacement powers to stop and search: supplementary provisions

112

 

      (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.

Duration of authorisations

5     (1)  

An authorisation under section 43B has effect during the period—

5

(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          

The specified date or time must not occur after the end of the

period of 14 days beginning with the day on which the

10

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

15

confirmed by the Secretary of State before the end of that period.

      (3)  

An authorisation ceasing to have effect by virtue of sub-paragraph

(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—

20

(a)   

substitute an earlier date or time for the specified date or

time;

(b)   

substitute a more restricted area or place for the specified

area or place.

8          

The Secretary of State may cancel an authorisation with effect from

25

a time identified by the Secretary of State.

9     (1)  

A senior police officer may—

(a)   

cancel an authorisation with effect from a time identified

by the officer concerned;

(b)   

substitute an earlier date or time for the specified date or

30

time;

(c)   

substitute a more restricted area or place for the specified

area or place.

      (2)  

Any such cancellation or substitution in relation to an

authorisation confirmed by the Secretary of State under paragraph

35

7 does not require confirmation by the Secretary of State.

10         

An authorisation given by a member of the Civil Nuclear

Constabulary 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.

40

11         

The existence, expiry or cancellation of an authorisation does not

prevent the giving of a new authorisation.

 
 

Protection of Freedoms Bill
Schedule 5 — Replacement powers to stop and search: supplementary provisions

113

 

Specified 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—

5

(a)   

the 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—

10

(a)   

the 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

15

(b)   

the 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

20

14    (1)  

In this Schedule—

“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

25

outside Northern Ireland, other than of a police area

mentioned 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

30

area or place is the whole or part of the metropolitan

police 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

35

area or place is the whole or part of the City of

London, 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

40

area or place is the whole or part of Northern Ireland,

a 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

45

as including—

(a)   

in relation to an authorisation where the specified area or

place is the whole or part of a police area outside Northern

 
 

Protection of Freedoms Bill
Schedule 6 — Stop and search powers: Northern Ireland

114

 

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)   

in relation to an authorisation where the specified area or

place is a place to which section 2(2) of the Ministry of

5

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)   

in relation to an authorisation where the specified area or

place is a place in which members of the Civil Nuclear

10

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;

           

but such references are not to be read as including a member of the

British Transport Police Force, the Ministry of Defence Police or

15

the Civil Nuclear Constabulary in any other case.”

Schedule 6

Section 62

 

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

20

wireless 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)—

25

(a)   

for “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—

30

    “(4)  

A 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”.

35

2          

After 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

40

case, a description of case or generally) that the safety of

any person might be endangered by the use of munitions

or wireless apparatus, and

 
 

 
previous section contents continue
 

© Parliamentary copyright
Revised 11 February 2011