Protection of Freedoms Bill

House of Commons

Session 2010 - 11
Internet Publications
Other Bills before Parliament

Protection of Freedoms Bill

Protection of Freedoms Bill
Part 3 — Protection of property from disproportionate enforcement action
Chapter 2 — Vehicles left on land
37

52
Sections 47 to 51: interpretation
In sections 47 to 51—
“power of entry” and “associated power” have the meaning given by
section 46,
“the powers of entry code” has the meaning given by section 49(10).
5
53
Corresponding code in relation to Welsh devolved powers of entry
Schedule 3 (which confers a power on the Welsh Ministers to issue a code of
practice about Welsh devolved powers of entry and associated powers) has
effect.
Chapter 2
10
Vehicles left on land
Offence of immobilising etc. vehicles
54
Offence of immobilising etc. vehicles
(1)
A person commits an offence who, without lawful authority—
(a)
immobilises a motor vehicle by the attachment to the vehicle, or a part
15
of it, of an immobilising device, or
(b)
moves, or restricts the movement of, such a vehicle by any means,

intending to prevent or inhibit the removal of the vehicle by a person otherwise
entitled to remove it.
(2)
The express or implied consent (whether or not legally binding) of a person
20
otherwise entitled to remove the vehicle to the immobilisation, movement or
restriction concerned is not lawful authority for the purposes of subsection (1).
(3)
Subsection (2) does not apply where—
(a)
there is express or implied consent by the driver of the vehicle to
restricting its movement by a fixed barrier, and
25
(b)
the barrier was present (whether or not lowered into place or otherwise
restricting movement) when the vehicle was parked.
(4)
A person who is entitled to remove a vehicle cannot commit an offence under
this section in relation to that vehicle.
(5)
A person guilty of an offence under this section is liable—
30
(a)
on conviction on indictment, to a fine,
(b)
on summary conviction, to a fine not exceeding the statutory
maximum.
(6)
In this section “motor vehicle” means a mechanically propelled vehicle or a
vehicle designed or adapted for towing by a mechanically propelled vehicle.
35

Protection of Freedoms Bill
Part 4 — Counter-terrorism powers
38

Alternative remedies in relation to vehicles left on land
55
Extension of powers to remove vehicles from land
(1)
Section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles
illegally, obstructively or dangerously parked, or abandoned or broken down)
is amended as follows.
5
(2)
In subsection (1)—
(a)
in paragraph (a), after “road” insert “or other land”,
(b)
in paragraph (b)—
(i)
after “road”, where it appears for the first time, insert “or other
land”, and
10
(ii)
after “road”, where it appears for the second time, insert “or
land concerned”,
(c)
in paragraph (c) for “, or on any land in the open air,” substitute “or
other land”, and
(d)
at the end insert “or other land”.
15
(3)
In subsection (2)—
(a)
in paragraph (a), after “road”, where it appears for the third time, insert
“or on land other than a road”, and
(b)
after paragraph (a), insert—
“(aa)
may provide, in the case of a vehicle which may be
20
removed from land other than a road, for the moving of
the vehicle from one position on such land to another
position on such land or on any road;”.
56
Recovery of unpaid parking charges
Schedule 4 (which makes provision for the recovery of unpaid parking charges
25
from the keeper of a vehicle in cases where it is not known who was driving
the vehicle when the charges were incurred) has effect.
Part 4
Counter-terrorism powers
Pre-charge detention of terrorist suspects
30
57
Permanent reduction of maximum detention period to 14 days
(1)
In paragraph 36(3)(b)(ii) of Schedule 8 to the Terrorism Act 2000 (maximum
period of pre-charge detention for terrorist suspects) for “28 days” substitute
“14 days”.
(2)
Omit section 25 of the Terrorism Act 2006 (which provides for the 28 day limit
35
in paragraph 36(3)(b)(ii) of Schedule 8 to the Act of 2000 to be 14 days subject
to a power to raise it to 28 days).

Protection of Freedoms Bill
Part 4 — Counter-terrorism powers
39

Stop and search powers: general
58
Repeal of existing stop and search powers
Omit sections 44 to 47 of the Terrorism Act 2000 (power to stop and search).
59
Replacement powers to stop and search persons and vehicles
(1)
Omit section 43(3) of the Terrorism Act 2000 (requirement for searches of
5
persons to be carried out by some-one of the same sex).
(2)
After section 43(4) of that Act insert—
“(4A)
Subsection (4B) applies if a constable, in exercising the power under
subsection (1) to stop a person whom the constable reasonably suspects
to be a terrorist, stops a vehicle (see section 116(2)).
10
(4B)
The constable—
(a)
may search the vehicle and anything in or on it to discover
whether there is anything which may constitute evidence that
the person concerned is a terrorist, and
(b)
may seize and retain anything which the constable—
15
(i)
discovers in the course of such a search, and
(ii)
reasonably suspects may constitute evidence that the
person is a terrorist.
(4C)
Nothing in subsection (4B) confers a power to search any person but the
power to search in that subsection is in addition to the power in
20
subsection (1) to search a person whom the constable reasonably
suspects to be a terrorist.”
(3)
After section 43 of that Act insert—
“43A
Search of vehicles
(1)
Subsection (2) applies if a constable reasonably suspects that a vehicle
25
is being used for the purposes of terrorism.
(2)
The constable may stop and search—
(a)
the vehicle;
(b)
the driver of the vehicle;
(c)
a passenger in the vehicle;
30
(d)
anything in or on the vehicle or carried by the driver or a
passenger;

to discover whether there is anything which may constitute evidence
that the vehicle is being used for the purposes of terrorism.
(3)
A constable may seize and retain anything which the constable—
35
(a)
discovers in the course of a search under this section, and
(b)
reasonably suspects may constitute evidence that the vehicle is
being used for the purposes of terrorism.
(4)
A person who has the powers of a constable in one Part of the United
Kingdom may exercise a power under this section in any Part of the
40
United Kingdom.

Protection of Freedoms Bill
Part 4 — Counter-terrorism powers
40

(5)
In this section “driver”, in relation to an aircraft, hovercraft or vessel,
means the captain, pilot or other person with control of the aircraft,
hovercraft or vessel or any member of its crew and, in relation to a train,
includes any member of its crew.”
60
Replacement powers to stop and search in specified locations
5
(1)
After section 43A of the Terrorism Act 2000 (for which see section 59(3))
insert—
“43B
Searches in specified areas or places
(1)
A senior police officer may give an authorisation under subsection (2)
or (3) in relation to a specified area or place if the officer—
10
(a)
reasonably suspects that an act of terrorism will take place; and
(b)
considers that—
(i)
the authorisation is necessary to prevent such an act;
(ii)
the specified area or place is no greater than is necessary
to prevent such an act; and
15
(iii)
the duration of the authorisation is no longer than is
necessary to prevent such an act.
(2)
An authorisation under this subsection authorises any constable in
uniform to stop a vehicle in the specified area or place and to search—
(a)
the vehicle;
20
(b)
the driver of the vehicle;
(c)
a passenger in the vehicle;
(d)
anything in or on the vehicle or carried by the driver or a
passenger.
(3)
An authorisation under this subsection authorises any constable in
25
uniform to stop a pedestrian in the specified area or place and to
search—
(a)
the pedestrian;
(b)
anything carried by the pedestrian.
(4)
A constable in uniform may exercise the power conferred by an
30
authorisation under subsection (2) or (3) only for the purpose of
discovering whether there is anything which may constitute evidence
that the vehicle concerned is being used for the purposes of terrorism
or (as the case may be) that the person concerned is a person falling
within section 40(1)(b).
35
(5)
But the power conferred by such an authorisation may be exercised
whether or not the constable reasonably suspects that there is such
evidence.
(6)
A constable may seize and retain anything which the constable—
(a)
discovers in the course of a search under such an authorisation;
40
and
(b)
reasonably suspects may constitute evidence that the vehicle
concerned is being used for the purposes of terrorism or (as the
case may be) that the person concerned is a person falling
within section 40(1)(b).
45

Protection of Freedoms Bill
Part 4 — Counter-terrorism powers
41

(7)
Schedule 6B (which makes supplementary provision about
authorisations under this section) has effect.
(8)
In this section—
“driver” has the meaning given by section 43A(5);
“senior police officer” has the same meaning as in Schedule 6B (see
5
paragraph 14(1) and (2) of that Schedule);
“specified” means specified in an authorisation.”
(2)
Schedule 5 (which inserts a new Schedule making supplementary provision
about powers to stop and search in specified locations into the Terrorism Act
2000) has effect.
10
61
Code of practice
After section 43B of the Terrorism Act 2000 (for which see section 60) insert—
“43C
Code of practice relating to sections 43 to 43B
(1)
The Secretary of State must prepare a code of practice containing
guidance about—
15
(a)
the exercise of the powers conferred by sections 43 and 43A,
(b)
the exercise of the powers to give an authorisation under section
43B(2) or (3),
(c)
the exercise of the powers conferred by such an authorisation
and section 43B(6), and
20
(d)
such other matters in connection with the exercise of any of the
powers mentioned in paragraphs (a) to (c) as the Secretary of
State considers appropriate.
(2)
Such a code may make different provision for different purposes.
(3)
In the course of preparing such a code, the Secretary of State must
25
consult the Lord Advocate and such other persons as the Secretary of
State considers appropriate.
43D
Issuing of code
(1)
The Secretary of State must lay before Parliament—
(a)
a code of practice prepared under section 43C, and
30
(b)
a draft of an order providing for the code to come into force.
(2)
The Secretary of State must make the order and issue the code if the
draft of the order is approved by a resolution of each House of
Parliament.
(3)
The Secretary of State must not make the order or issue the code unless
35
the draft of the order is so approved.
(4)
The Secretary of State must prepare another code of practice under
section 43C if—
(a)
the draft of the order is not so approved, and
(b)
the Secretary of State considers that there is no realistic prospect
40
that it will be so approved.
(5)
A code comes into force in accordance with an order under this section.