|
| |
|
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 |
| |
| 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 |
| |
| |
(4) | The vehicle is to be presumed not to be a stolen vehicle at that time, unless |
| |
| 20 |
(5) | For the purposes of sub-paragraphs (3) and (4), a vehicle is a stolen vehicle |
| |
| |
(a) | the vehicle has been stolen, and has not been recovered before that |
| |
| |
(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 |
| |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
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 |
| |
| |
(b) | at least 28 days have elapsed beginning with the day on which the |
| |
| 15 |
| |
(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 |
| |
| |
(c) | state that the parking charges in question have not been paid (or paid |
| |
| |
(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, |
| |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| 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 |
| |
| |
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 |
| |
| |
| |
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). |
| |
|
| |
|
| |
|
(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. |
| |
| |
| |
Replacement powers to stop and search: supplementary provisions |
| |
| After Schedule 6A to the Terrorism Act 2000 insert— |
| |
| 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 |
| |
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 |
| |
| 30 |
| |
(a) | a vehicle or pedestrian is stopped by virtue of section |
| |
| |
(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 written statement must be provided. |
| |
|
| |
|
| |
|
(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 |
| |
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 |
| |
| |
(b) | substitute a more restricted area or place for the specified |
| |
| |
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 |
| |
(c) | substitute a more restricted area or place for the specified |
| |
| |
(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. |
| |
|
| |
|
| |
|
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 |
| |
| |
| 20 |
| |
“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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(a) | in relation to an authorisation where the specified area or |
| |
place is the whole or part of a police area outside Northern |
| |
|
| |
|
| |
|
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 |
| |
| |
(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.” |
| |
| |
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|