Protection of Freedoms Act 2012

(20A) (1) This paragraph applies to— (a) fingerprints taken under paragraph 10, (b) a DNA profile derived from a DNA sample taken under paragraph 10 or 12, (c) relevant physical data taken or provided by virtue of paragraph 20, and (d) a DNA profile derived from a DNA sample taken by virtue of paragraph 20. (2) Fingerprints, relevant physical data and DNA profiles to which this paragraph applies (“paragraph 20A material”) must be destroyed if it appears to the responsible chief officer of police that— (a) the taking or providing of the material or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful, or (b) the material was taken or provided, or (in the case of a DNA profile) was derived from a sample taken, from a person in connection with that person's arrest under section 41 and the arrest was unlawful or based on mistaken identity. (3) In any other case, paragraph 20A material must be destroyed unless it is retained under any power conferred by paragraphs 20B to 20E. (4) Paragraph 20A material which ceases to be retained under a power mentioned in sub-paragraph (3) may continue to be retained under any other such power which applies to it. (5) Nothing in this paragraph prevents a relevant search, in relation to paragraph 20A material, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable. (6) For the purposes of sub-paragraph (5), “a relevant search” is a search carried out for the purpose of checking the material against— (a) other fingerprints or samples taken under paragraph 10 or 12 or a DNA profile derived from such a sample, (b) any of the relevant physical data, samples or information mentioned in section 19C(1) of the Criminal Procedure (Scotland) Act 1995, (c) any of the relevant physical data, samples or information held by virtue of section 56 of the Criminal Justice (Scotland) Act 2003, (d) material to which section 18 of the Counter-Terrorism Act 2008 applies, (e) any of the fingerprints, data or samples obtained under paragraph 1 or 4 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, or information derived from such samples, (f) any of the fingerprints, samples and information mentioned in section 63A(1)(a) and (b) of the Police and Criminal Evidence Act 1984 (checking of fingerprints and samples), and (g) any of the fingerprints, samples and information mentioned in Article 63A(1)(a) and (b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples). (20B) (1) This paragraph applies to paragraph 20A material relating to a person who is detained under section 41. (2) In the case of a person who has previously been convicted of a recordable offence (other than a single exempt conviction), or an offence in Scotland which is punishable by imprisonment, or is so convicted before the end of the period within which the material may be retained by virtue of this paragraph, the material may be retained indefinitely. (3) In the case of a person who has no previous convictions, or only one exempt conviction, the material may be retained until the end of the retention period specified in sub-paragraph (4). (4) The retention period is— (a) in the case of fingerprints or relevant physical data, the period of 3 years beginning with the date on which the fingerprints or relevant physical data were taken or provided, and (b) in the case of a DNA profile, the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken). (5) The responsible chief officer of police or a specified chief officer of police may apply to a relevant court for an order extending the retention period. (6) An application for an order under sub-paragraph (5) must be made within the period of 3 months ending on the last day of the retention period. (7) An order under sub-paragraph (5) may extend the retention period by a period which— (a) begins with the date on which the material would otherwise be required to be destroyed under this paragraph, and (b) ends with the end of the period of 2 years beginning with that date. (8) The following persons may appeal to the relevant appeal court against an order under sub-paragraph (5), or a refusal to make such an order— (a) the responsible chief officer of police; (b) a specified chief officer of police; (c) the person from whom the material was taken. (9) In Scotland— (a) an application for an order under sub-paragraph (5) is to be made by summary application; (b) an appeal against an order under sub-paragraph (5), or a refusal to make such an order, must be made within 21 days of the relevant court's decision, and the relevant appeal court's decision on any such appeal is final. (10) In this paragraph— - “relevant court” means— 1. in England and Wales, a District Judge (Magistrates' Courts), 2. in Scotland, the sheriff— 1. in whose sheriffdom the person to whom the material relates resides, 2. in whose sheriffdom that person is believed by the applicant to be, or 3. to whose sheriffdom that person is believed by the applicant to be intending to come; and 3. in Northern Ireland, a district judge (magistrates' court) in Northern Ireland; - “the relevant appeal court” means— 1. in England and Wales, the Crown Court, 2. in Scotland, the sheriff principal, and 3. in Northern Ireland, the County Court in Northern Ireland; - “a specified chief officer of police” means— 1. in England and Wales and Northern Ireland— 1. the chief officer of the police force of the area in which the person from whom the material was taken resides, or 2. a chief officer of police who believes that the person is in, or is intending to come to, the chief officer's police area, and 2. in Scotland— 1. the chief constable of the police force in the area in which the person who provided the material, or from whom it was taken, resides, or 2. a chief constable who believes that the person is in, or is intending to come to, the area of the chief constable's police force. (20C) (1) This paragraph applies to paragraph 20A material relating to a person who is detained under Schedule 7. (2) In the case of a person who has previously been convicted of a recordable offence (other than a single exempt conviction), or an offence in Scotland which is punishable by imprisonment, or is so convicted before the end of the period within which the material may be retained by virtue of this paragraph, the material may be retained indefinitely. (3) In the case of a person who has no previous convictions, or only one exempt conviction, the material may be retained until the end of the retention period specified in sub-paragraph (4). (4) The retention period is— (a) in the case of fingerprints or relevant physical data, the period of 6 months beginning with the date on which the fingerprints or relevant physical data were taken or provided, and (b) in the case of a DNA profile, the period of 6 months beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken). (20D) (1) For the purposes of paragraphs 20B and 20C, a person is to be treated as having been convicted of an offence if— (a) in relation to a recordable offence in England and Wales or Northern Ireland— (i) the person has been given a caution in respect of the offence which, at the time of the caution, the person has admitted, (ii) the person has been found not guilty of the offence by reason of insanity, (iii) the person has been found to be under a disability and to have done the act charged in respect of the offence, or (iv) the person has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 for the offence, (b) the person, in relation to an offence in Scotland punishable by imprisonment, has accepted or has been deemed to accept— (i) a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995, (ii) a compensation offer under section 302A of that Act, (iii) a combined offer under section 302B of that Act, or (iv) a work offer under section 303ZA of that Act, (c) the person, in relation to an offence in Scotland punishable by imprisonment, has been acquitted on account of the person's insanity at the time of the offence or (as the case may be) by virtue of section 51A of the Criminal Procedure (Scotland) Act 1995, (d) a finding in respect of the person has been made under section 55(2) of the Criminal Procedure (Scotland) Act 1995 in relation to an offence in Scotland punishable by imprisonment, (e) the person, having been given a fixed penalty notice under section 129(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 in connection with an offence in Scotland punishable by imprisonment, has paid— (i) the fixed penalty, or (ii) (as the case may be) the sum which the person is liable to pay by virtue of section 131(5) of that Act, or (f) the person, in relation to an offence in Scotland punishable by imprisonment, has been discharged absolutely by order under section 246(3) of the Criminal Procedure (Scotland) Act 1995. (2) Paragraphs 20B and 20C and this paragraph, so far as they relate to persons convicted of an offence, have effect despite anything in the Rehabilitation of Offenders Act 1974. (3) But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 of the Protection of Freedoms Act 2012. (4) For the purposes of paragraphs 20B and 20C— (a) a person has no previous convictions if the person has not previously been convicted— (i) in England and Wales or Northern Ireland of a recordable offence, or (ii) in Scotland of an offence which is punishable by imprisonment, and (b) if the person has previously been convicted of a recordable offence in England and Wales or Northern Ireland, the conviction is exempt if it is in respect of a recordable offence, other than a qualifying offence, committed when the person was aged under 18. (5) In sub-paragraph (4), “qualifying offence” has— (a) in relation to a conviction in respect of a recordable offence committed in England and Wales, the meaning given by section 65A of the Police and Criminal Evidence Act 1984, and (b) in relation to a conviction in respect of a recordable offence committed in Northern Ireland, the meaning given by Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)). (6) If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under paragraph 20B or 20C whether the person has been convicted of only one offence. (7) Nothing in paragraph 20B or 20C prevents the start of a new retention period in relation to paragraph 20A material if a person is detained again under section 41 or (as the case may be) Schedule 7 when an existing retention period (whether or not extended) is still in force in relation to that material. (20E) (1) Paragraph 20A material may be retained for as long as a national security determination made by the responsible chief officer of police has effect in relation to it. (2) A national security determination is made if the responsible chief officer of police determines that it is necessary for any paragraph 20A material to be retained for the purposes of national security. (3) A national security determination— (a) must be made in writing, (b) has effect for a maximum of 2 years beginning with the date on which the determination is made, and (c) may be renewed. (20F) (1) If fingerprints or relevant physical data are required by paragraph 20A to be destroyed, any copies of the fingerprints or relevant physical data held by a police force must also be destroyed. (2) If a DNA profile is required by that paragraph to be destroyed, no copy may be retained by a police force except in a form which does not include information which identifies the person to whom the DNA profile relates. (20G) (1) This paragraph applies to— (a) samples taken under paragraph 10 or 12, or (b) samples taken by virtue of paragraph 20. (2) Samples to which this paragraph applies must be destroyed if it appears to the responsible chief officer of police that— (a) the taking of the sample was unlawful, or (b) the sample was taken from a person in connection with that person's arrest under section 41 and the arrest was unlawful or based on mistaken identity. (3) Subject to this, the rule in sub-paragraph (4) or (as the case may be) (5) applies. (4) A DNA sample to which this paragraph applies must be destroyed— (a) as soon as a DNA profile has been derived from the sample, or (b) if sooner, before the end of the period of 6 months beginning with the date on which the sample was taken. (5) Any other sample to which this paragraph applies must be destroyed before the end of the period of 6 months beginning with the date on which it was taken. (6) The responsible chief officer of police may apply to a relevant court for an order to retain a sample to which this paragraph applies beyond the date on which the sample would otherwise be required to be destroyed by virtue of sub-paragraph (4) or (5) if— (a) the sample was taken from a person detained under section 41 in connection with the investigation of a qualifying offence, and (b) the responsible chief officer of police considers that the condition in sub-paragraph (7) is met. (7) The condition is that, having regard to the nature and complexity of other material that is evidence in relation to the offence, the sample is likely to be needed in any proceedings for the offence for the purposes of— (a) disclosure to, or use by, a defendant, or (b) responding to any challenge by a defendant in respect of the admissibility of material that is evidence on which the prosecution proposes to rely. (8) An application under sub-paragraph (6) must be made before the date on which the sample would otherwise be required to be destroyed by virtue of sub-paragraph (4) or (5). (9) If, on an application made by the responsible chief officer of police under sub-paragraph (6), the relevant court is satisfied that the condition in sub-paragraph (7) is met, it may make an order under this sub-paragraph which— (a) allows the sample to be retained for a period of 12 months beginning with the date on which the sample would otherwise be required to be destroyed by virtue of sub-paragraph (4) or (5), and (b) may be renewed (on one or more occasions) for a further period of not more than 12 months from the end of the period when the order would otherwise cease to have effect. (10) An application for an order under sub-paragraph (9) (other than an application for renewal)— (a) may be made without notice of the application having been given to the person from whom the sample was taken, and (b) may be heard and determined in private in the absence of that person. (11) In Scotland, an application for an order under sub-paragraph (9) (including an application for renewal) is to be made by summary application. (12) A sample retained by virtue of an order under sub-paragraph (9) must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken. (13) A sample that ceases to be retained by virtue of an order under sub-paragraph (9) must be destroyed. (14) Nothing in this paragraph prevents a relevant search, in relation to samples to which this paragraph applies, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable. (15) In this paragraph— - “ancillary offence”, in relation to an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008, means— 1. aiding, abetting, counselling or procuring the commission of the offence, or 2. inciting, attempting or conspiring to commit the offence; - “qualifying offence”— 1. in relation to the investigation of an offence committed in England and Wales, has the meaning given by section 65A of the Police and Criminal Evidence Act 1984, 2. in relation to the investigation of an offence committed in Scotland, means a relevant offence, an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 or an ancillary offence to an offence so listed, and 3. in relation to the investigation of an offence committed in Northern Ireland, has the meaning given by Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)). - “relevant court” means— 1. in England and Wales, a District Judge (Magistrates' Courts), 2. in Scotland, the sheriff— 1. in whose sheriffdom the person to whom the sample relates resides, 2. in whose sheriffdom that person is believed by the responsible chief officer of police to be, or 3. to whose sheriffdom that person is believed by the responsible chief officer of police to be intending to come; and 3. in Northern Ireland, a district judge (magistrates' court) in Northern Ireland; - “relevant offence” has the same meaning as in section 19A of the Criminal Procedure (Scotland) Act 1995; - “a relevant search” has the meaning given by paragraph 20A(6). (20H) (1) Any material to which paragraph 20A or 20G applies must not be used other than— (a) in the interests of national security, (b) for the purposes of a terrorist investigation, (c) for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or (d) for purposes related to the identification of a deceased person or of the person to whom the material relates. (2) Subject to sub-paragraph (1), a relevant search (within the meaning given by paragraph 20A(6)) may be carried out in relation to material to which paragraph 20A or 20G applies if the responsible chief officer of police considers the search to be desirable. (3) Material which is required by paragraph 20A or 20G to be destroyed must not at any time after it is required to be destroyed be used— (a) in evidence against the person to whom the material relates, or (b) for the purposes of the investigation of any offence. (4) In this paragraph— (a) the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person, (b) the reference to crime includes a reference to any conduct which— (i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom), or (ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences, and (c) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom. (5) Sub-paragraphs (1), (2) and (4) do not form part of the law of Scotland. (20I) Paragraphs 20A to 20F and 20H do not apply to paragraph 20A material relating to a person detained under section 41 which is, or may become, disclosable under— (a) the Criminal Procedure and Investigations Act 1996, or (b) a code of practice prepared under section 23 of that Act and in operation by virtue of an order under section 25 of that Act. (20J) In paragraphs 20A to 20I— - “DNA profile” means any information derived from a DNA sample; - “DNA sample” means any material that has come from a human body and consists of or includes human cells; - “fingerprints” has the meaning given by section 65(1) of the Police and Criminal Evidence Act 1984 (Part 5 definitions); - “paragraph 20A material” has the meaning given by paragraph 20A(2); - “police force” means any of the following— 1. the metropolitan police force; 2. a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London); 3. the City of London police force; 4. any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967; 5. the Scottish Police Services Authority; 6. the Police Service of Northern Ireland; 7. the Police Service of Northern Ireland Reserve; 8. the Ministry of Defence Police; 9. the Royal Navy Police; 10. the Royal Military Police; 11. the Royal Air Force Police; 12. the British Transport Police; - “recordable offence” has— 1. in relation to a conviction in England and Wales, the meaning given by section 118(1) of the Police and Criminal Evidence Act 1984, and 2. in relation to a conviction in Northern Ireland, the meaning given by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989; - “relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995; - “responsible chief officer of police” means, in relation to fingerprints or samples taken in England or Wales, or a DNA profile derived from a sample so taken, the chief officer of police for the police area— 1. in which the material concerned was taken, or 2. in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken; - “responsible chief officer of police” means, in relation to relevant physical data or samples taken or provided in Scotland, or a DNA profile derived from a sample so taken or provided, the chief constable of the police force for the area— 1. in which the material concerned was taken or provided, or 2. in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken; - “responsible chief officer of police” means, in relation to fingerprints or samples taken in Northern Ireland, or a DNA profile derived from a sample so taken, the Chief Constable of the Police Service of Northern Ireland.

• (5) In paragraph 11(1)(a), for “paragraph 14(4),” substitute “ a relevant search (within the meaning given by paragraph 20A(6)) or for the purposes of ”.

• (6) In paragraph 15(1) for “paragraphs 10 to 14” substitute “ paragraphs 10 to 13 ”.

• (7) After paragraph 15(1) insert—

(1A) In the application of section 65(2A) of the Police and Criminal Evidence Act 1984 for the purposes of sub-paragraph (1) of this paragraph, the reference to the destruction of a sample under section 63R of that Act is a reference to the destruction of a sample under paragraph 20G of this Schedule.

• (8) In paragraph 15(2) for “paragraphs 10 to 14” substitute “ paragraphs 10 to 13 ”.

Part 2 — Material subject to the International Criminal Court Act 2001

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In Schedule 4 of the International Criminal Court Act 2001 (taking of fingerprints or non-intimate samples) for paragraph 8 substitute—

(8) (1) This paragraph applies to the following material— (a) fingerprints and samples taken under this Schedule, and (b) DNA profiles derived from such samples. (2) The material must be destroyed— (a) before the end of the period of 6 months beginning with the date on which the material was transmitted to the ICC (see paragraph 6(2)), or (b) if later, as soon as it has fulfilled the purpose for which it was taken or derived. (3) If fingerprints are required to be destroyed by virtue of sub-paragraph (2), any copies of the fingerprints held by the police must also be destroyed. (4) If a DNA profile is required to be destroyed by virtue of sub-paragraph (2), no copy may be retained by the police except in a form which does not include information from which the person to whom the DNA profile relates can be identified. (5) In this paragraph— - “DNA profile” means any information derived from a DNA sample; - “DNA sample” means any material that has come from a human body and consists of or includes human cells.

Part 3 — Material subject to section 18 of the Counter-Terrorism Act 2008

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The Counter-Terrorism Act 2008 is amended as follows.

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For section 18 (material not subject to existing statutory restrictions) substitute—

(18) (1) This section applies to fingerprints, DNA samples and DNA profiles that— (a) are held for the purposes of national security by a law enforcement authority under the law of England and Wales or Northern Ireland, and (b) are not held subject to existing statutory restrictions. (2) Material to which this section applies (“section 18 material”) must be destroyed if it appears to the responsible officer that the condition in subsection (3) is not met. (3) The condition is that the material has been— (a) obtained by the law enforcement authority pursuant to an authorisation under Part 3 of the Police Act 1997 (authorisation of action in respect of property), (b) obtained by the law enforcement authority in the course of surveillance, or use of a covert human intelligence source, authorised under Part 2 of the Regulation of Investigatory Powers Act 2000, (c) supplied to the law enforcement authority by another law enforcement authority, or (d) otherwise lawfully obtained or acquired by the law enforcement authority for any of the purposes mentioned in section 18D(1). (4) In any other case, section 18 material must be destroyed unless it is retained by the law enforcement authority under any power conferred by section 18A or 18B, but this is subject to subsection (5). (5) A DNA sample to which this section applies must be destroyed— (a) as soon as a DNA profile has been derived from the sample, or (b) if sooner, before the end of the period of 6 months beginning with the date on which it was taken. (6) Section 18 material which ceases to be retained under a power mentioned in subsection (4) may continue to be retained under any other such power which applies to it. (7) Nothing in this section prevents section 18 material from being checked against other fingerprints, DNA samples or DNA profiles held by a law enforcement authority within such time as may reasonably be required for the check, if the responsible officer considers the check to be desirable. (8) For the purposes of subsection (1), the following are “existing statutory restrictions”— (a) paragraph 18(2) of Schedule 2 to the Immigration Act 1971; (b) sections 22, 63A and 63D to 63U of the Police and Criminal Evidence Act 1984 and any corresponding provision in an order under section 113 of that Act; (c) Articles 24, 63A and 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)); (d) section 2(2) of the Security Service Act 1989; (e) section 2(2) of the Intelligence Services Act 1994; (f) paragraphs 20(3) and 20A to 20J of Schedule 8 to the Terrorism Act 2000; (g) section 56 of the Criminal Justice and Police Act 2001; (h) paragraph 8 of Schedule 4 to the International Criminal Court Act 2001; (i) sections 73, 83, 87, 88 and 89 of the Armed Forces Act 2006 and any provision relating to the retention of material in an order made under section 74, 93 or 323 of that Act; (j) paragraphs 5 to 14 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011. (18A) (1) Section 18 material which is not a DNA sample and relates to a person who has no previous convictions or only one exempt conviction may be retained by the law enforcement authority until the end of the retention period specified in subsection (2), but this is subject to subsection (5). (2) The retention period is— (a) in the case of fingerprints, the period of 3 years beginning with the date on which the fingerprints were taken, and (b) in the case of a DNA profile, the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken). (3) Section 18 material which is not a DNA sample and relates to a person who has previously been convicted of a recordable offence (other than a single exempt conviction), or is so convicted before the material is required to be destroyed by virtue of this section, may be retained indefinitely. (4) Section 18 material which is not a DNA sample may be retained indefinitely if— (a) it is held by the law enforcement authority in a form which does not include information which identifies the person to whom the material relates, and (b) the law enforcement authority does not know, and has never known, the identity of the person to whom the material relates. (5) In a case where section 18 material is being retained by a law enforcement authority under subsection (4), if— (a) the law enforcement authority comes to know the identity of the person to whom the material relates, and (b) the material relates to a person who has no previous convictions or only one exempt conviction, the material may be retained by the law enforcement authority until the end of the retention period specified in subsection (6). (6) The retention period is the period of 3 years beginning with the date on which the identity of the person to whom the material relates comes to be known by the law enforcement authority. (18B) (1) Section 18 material which is not a DNA sample may be retained for as long as a national security determination made by the responsible officer has effect in relation to it. (2) A national security determination is made if the responsible officer determines that it is necessary for any such section 18 material to be retained for the purposes of national security. (3) A national security determination— (a) must be made in writing, (b) has effect for a maximum of 2 years beginning with the date on which the determination is made, and (c) may be renewed. (18C) (1) If fingerprints are required by section 18 to be destroyed, any copies of the fingerprints held by the law enforcement authority concerned must also be destroyed. (2) If a DNA profile is required by that section to be destroyed, no copy may be retained by the law enforcement authority concerned except in a form which does not include information which identifies the person to whom the DNA profile relates. (18D) (1) Section 18 material must not be used other than— (a) in the interests of national security, (b) for the purposes of a terrorist investigation, (c) for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or (d) for purposes related to the identification of a deceased person or of the person to whom the material relates. (2) Subject to subsection (1), section 18 material may be checked against other fingerprints, DNA samples or DNA profiles held by a law enforcement authority or the Scottish Police Services Authority if the responsible officer considers the check to be desirable. (3) Material which is required by section 18 to be destroyed must not at any time after it is required to be destroyed be used— (a) in evidence against the person to whom the material relates, or (b) for the purposes of the investigation of any offence. (4) In this section— (a) the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person, (b) the reference to crime includes a reference to any conduct which— (i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom), or (ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences, and (c) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom. (18E) (1) In sections 18 to 18D and this section— - “DNA profile” means any information derived from a DNA sample; - “DNA sample” means any material that has come from a human body and consists of or includes human cells; - “fingerprints” means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of a person's fingers or either of a person's palms; - “law enforcement authority” means— 1. a police force, 2. the Serious Organised Crime Agency, 3. the Commissioners for Her Majesty's Revenue and Customs, or 4. a person formed or existing under the law of a country or territory outside the United Kingdom so far as exercising functions which— 1. correspond to those of a police force, or 2. otherwise involve the investigation or prosecution of offences; - “police force” means any of the following— 1. the metropolitan police force; 2. a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London); 3. the City of London police force; 4. any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967; 5. the Police Service of Northern Ireland; 6. the Police Service of Northern Ireland Reserve; 7. the Ministry of Defence Police; 8. the Royal Navy Police; 9. the Royal Military Police; 10. the Royal Air Force Police; 11. the British Transport Police; - “recordable offence” has— 1. in relation to a conviction in England and Wales, the meaning given by section 118(1) of the Police and Criminal Evidence Act 1984, and 2. in relation to a conviction in Northern Ireland, the meaning given by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)); - “the responsible officer” means— 1. in relation to material obtained or acquired by a police force in England and Wales, the chief officer of the police force; 2. in relation to material obtained or acquired by the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, the Chief Constable of the Police Service of Northern Ireland; 3. in relation to material obtained or acquired by the Ministry of Defence Police, the Chief Constable of the Ministry of Defence Police; 4. in relation to material obtained or acquired by the Royal Navy Police, the Royal Military Police or the Royal Air Force Police, the Provost Marshal for the police force which obtained or acquired the material; 5. in relation to material obtained or acquired by the British Transport Police, the Chief Constable of the British Transport Police; 6. in relation to material obtained or acquired by the Serious Organised Crime Agency, the Director General of the Serious Organised Crime Agency; 7. in relation to material obtained or acquired by the Commissioners for Her Majesty's Revenue and Customs, any of those Commissioners; 8. in relation to any other material, such person as the Secretary of State may by order specify; - “section 18 material” has the meaning given by section 18(2); - “terrorist investigation” has the meaning given by section 32 of the Terrorism Act 2000. (2) An order under subsection (1) is subject to negative resolution procedure. (3) For the purposes of section 18A, a person is to be treated as having been convicted of an offence if the person— (a) has been given a caution in respect of the offence which, at the time of the caution, the person has admitted, (b) has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 for the offence, (c) has been found not guilty of the offence by reason of insanity, or (d) has been found to be under a disability and to have done the act charged in respect of the offence. (4) Sections 18A and this section, so far as they relate to persons convicted of an offence, have effect despite anything in the Rehabilitation of Offenders Act 1974. (5) But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 of the Protection of Freedoms Act 2012. (6) For the purposes of section 18A— (a) a person has no previous convictions if the person has not previously been convicted in England and Wales or Northern Ireland of a recordable offence, and (b) if the person has been previously so convicted of a recordable offence, the conviction is exempt if it is in respect of a recordable offence, other than a qualifying offence, committed when the person was aged under 18. (7) In subsection (6), “qualifying offence” has— (a) in relation to a conviction in respect of a recordable offence committed in England and Wales, the meaning given by section 65A of the Police and Criminal Evidence Act 1984, and (b) in relation to a conviction in respect of a recordable offence committed in Northern Ireland, the meaning given by Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)). (8) If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under section 18A whether the person has been convicted of only one offence.

Part 4 — Material subject to the Terrorism Prevention and Investigation Measures Act 2011

5

After paragraph 10(2) of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011(fingerprints and samples) insert—

(2A) But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 of the Protection of Freedoms Act 2012.

Part 5 — Material subject to the Criminal Procedure (Scotland) Act 1995

6

• (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

• (2) In section 18(3), for “18F” substitute “ 18G ”.

• (3) After section 18F insert—

(18G) (1) This section applies to— (a) relevant physical data taken from or provided by a person under section 18(2) (including any taken or provided by virtue of paragraph 20 of Schedule 8 to the Terrorism Act 2000), (b) any sample, or any information derived from a sample, taken from a person under section 18(6) or (6A) (including any taken by virtue of paragraph 20 of Schedule 8 to the Terrorism Act 2000), (c) any relevant physical data, sample or information derived from a sample taken from, or provided by, a person under section 19AA(3), (d) any relevant physical data, sample or information derived from a sample which is held by virtue of section 56 of the Criminal Justice (Scotland) Act 2003, and (e) any relevant physical data, sample or information derived from a sample taken from a person— (i) by virtue of any power of search, (ii) by virtue of any power to take possession of evidence where there is immediate danger of its being lost or destroyed, or (iii) under the authority of a warrant. (2) The relevant physical data, sample or information derived from a sample may be retained for so long as a national security determination made by the relevant chief constable has effect in relation to it. (3) A national security determination is made if the relevant chief constable determines that is necessary for the relevant physical data, sample or information derived from a sample to be retained for the purposes of national security. (4) A national security determination— (a) must be made in writing, (b) has effect for a maximum of 2 years beginning with the date on which the determination is made, and (c) may be renewed. (5) Any relevant physical data, sample or information derived from a sample which is retained in pursuance of a national security determination must be destroyed as soon as possible after the determination ceases to have effect (except where its retention is permitted by any other enactment). (6) In this section, “the relevant chief constable” means the chief constable of the police force of which the constable who took the relevant physical data, or to whom it was provided, or who took or directed the taking of the sample, was a member.

Part 6 — Material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989

7

• (1) This paragraph applies to the following material—

• (a) a DNA profile to which Article 64 of the 1989 Order (destruction of fingerprints and samples) applies, or

• (b) fingerprints to which Article 64 of the 1989 Order applies, other than fingerprints taken under Article 61(6A) of that Order.

• (2) If the Chief Constable of the Police Service of Northern Ireland determines that it is necessary for any material to which this paragraph applies to be retained for the purposes of national security—

• (a) the material is not required to be destroyed in accordance with Article 64 of the 1989 Order, and

• (b) Article 64(3AB) of that Order does not apply to the material,

for as long as the determination has effect.

• (3) A determination under sub-paragraph (2) (“a national security determination”)—

• (a) must be made in writing,

• (b) has effect for a maximum of 2 years beginning with the date on which the material would (but for this paragraph) first become liable for destruction under the 1989 Order, and

• (c) may be renewed.

• (4) Material retained under this paragraph must not be used other than—

• (a) in the interests of national security,

• (b) for the purposes of a terrorist investigation,

• (c) for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or

• (d) for purposes related to the identification of a deceased person or of the person to whom the material relates.

• (5) This paragraph has effect despite any provision to the contrary in the 1989 Order.

• (6) In this paragraph—

• (a) the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person,

• (b) the reference to crime includes a reference to any conduct which—

• (i) constitutes one or more criminal offences (whether under the law of Northern Ireland or of any country or territory outside Northern Ireland), or

• (ii) is, or corresponds to, any conduct which, if it all took place in Northern Ireland, would constitute one or more criminal offences, and

• (c) the references to an investigation and to a prosecution include references, respectively, to any investigation outside Northern Ireland of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside Northern Ireland.

• (7) In this paragraph—

• “the 1989 Order” means the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

• “DNA profile” means any information derived from a DNA sample;

• “DNA sample” means any material that has come from a human body and consists of or includes human cells;

• “offence”, in relation to any country or territory outside Northern Ireland, includes an act punishable under the law of that country or territory, however it is described;

• “terrorist investigation” has the meaning given by section 32 of the Terrorism Act 2000.

Part 7 — Corresponding Northern Ireland provision for excepted or reserved matters etc.

8

• (1) The Secretary of State may make an order under sub-paragraph (2) or (3) if the Secretary of State considers that the subject-matter in relation to Northern Ireland of any provision of an Act of the Northern Ireland Assembly made in 2013 or 2014 is the same as the subject-matter in relation to England and Wales of any provision made by any of sections 1 to 18 and 23 to 25 of this Act.

• (2) The Secretary of State may by order make excepted or reserved provision in relation to Northern Ireland which is about the same subject-matter as any provision made in relation to England and Wales by any of sections 1 to 18 and 23 to 25 of this Act.

• (3) The Secretary of State may by order make such provision as the Secretary of State considers appropriate in consequence of the Act of the Northern Ireland Assembly or an order under sub-paragraph (2).

• (4) The power to make an order under this paragraph—

• (a) is exercisable by statutory instrument,

• (b) includes power to make incidental, supplementary, transitional, transitory or saving provision,

• (c) may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment (including this Act).

• (5) An order under this paragraph may not make provision which—

• (a) if it were contained in an Act of the Northern Ireland Assembly, would be within the legislative competence of the Northern Ireland Assembly and would deal with a transferred matter without being ancillary to other provision (whether in the Act or previously enacted) which deals with an excepted or reserved matter,

• (b) if it were contained in an Act of the Scottish Parliament, would be within the legislative competence of the Scottish Parliament, or

• (c) if it were contained in an Act of the National Assembly for Wales, would be within the legislative competence of the National Assembly for Wales.

• (6) Subject to sub-paragraph (7), a statutory instrument containing an order under this paragraph 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.

• (7) A statutory instrument containing an order under this paragraph which neither amends nor repeals any provision of primary legislation is subject to annulment in pursuance of a resolution of either House of Parliament.

• (8) In this paragraph—

• “enactment” includes an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales and Northern Ireland legislation,

• “excepted or reserved matter” have the meanings given by section 4(1) of the Northern Ireland Act 1998,

• “excepted or reserved provision” means provision which—forms part of the law of Northern Ireland, andis not prohibited by sub-paragraph (5)(a),

• “primary legislation” means—a public general Act,an Act of the Scottish Parliament,a Measure or Act of the National Assembly for Wales, andNorthern Ireland legislation,

• “transferred matter” has the meaning given by section 4(1) of the Northern Ireland Act 1998.

SCHEDULE 2

Part 1 — Water and Environment

Public Health (Control of Disease) Act 1984

1

• (1) Omit section 50 of the Public Health (Control of Disease) Act 1984 (power in relation to England and Wales to enter and inspect canal boats).

• (2) This paragraph extends to England and Wales only.

Merchant Shipping Act 1995

2

• (1) Omit section 258(4) of the Merchant Shipping Act 1995 (power of surveyor of ships etc. to enter premises to determine whether provisions or water intended for UK ships, including government ships, would be in accordance with safety regulations).

• (2) Sub-paragraph (1) does not apply to section 258(4) of the Act of 1995 so far as it applies for the purposes of section 256A of that Act (extension of power of entry to any member of the staff of the Scottish Administration authorised by the Scottish Ministers).

• (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.

• (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 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 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,

.

• (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 (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

• (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 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.

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

• (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 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

• (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 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)

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.

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 seize German enemy property).

• (2) This paragraph extends to England and Wales, Scotland and Northern Ireland.

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.

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)

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.

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).

• (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).

• (2) This paragraph extends to England and Wales, Scotland and Northern Ireland.

SCHEDULE 3

Code of practice

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.

The code may only contain provision that would be within the legislative competence of the National Assembly for Wales if contained in an Act of the Assembly.

• (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 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.

• (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

• (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.

• (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 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.

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 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.

• (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.

• (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.

• (8) In this paragraph “the 40-day period” means the period of 40 days beginning with the day on which the alteration or 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 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 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).

• (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 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 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 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 described functions,

• (b) contain transitional, transitory or saving provision.

• (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 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) No instrument containing the first order under sub-paragraph (5) is to be made unless a draft of it has been laid before, and approved by a resolution of, the National Assembly for Wales.

• (10) Subject to this, an instrument containing an order under sub-paragraph (5) is subject to 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),

• “power of entry” and “associated power” have the meaning given by section 46.

SCHEDULE 4

Introductory

1

• (1) This Schedule applies where—

• (a) the driver of a vehicle is required by virtue of a relevant obligation to pay parking charges in respect of the parking of the vehicle on relevant land; and

• (b) those charges have not been paid in full.

• (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

• (1) In this Schedule—

• “the appropriate national authority” means—in relation to relevant land in England, the Secretary of State; andin relation to relevant land in Wales, the Welsh Ministers;

• “the creditor” means a person who is for the time being entitled to recover unpaid parking charges from the driver of the vehicle;

• “current address for service” means—in the case of the keeper, an address which is either—an address at which documents relating to civil proceedings could properly be served on the person concerned under Civil Procedure Rules; orthe keeper's registered address (if there is one); orin the case of the driver, an address at which the driver for the time being resides or can conveniently be contacted;

• “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;

• “notice to driver” means a notice given in accordance with paragraph 7;

• “notice to keeper” means a notice given in accordance with paragraph 8 or 9 (as the case may be);

• “parking charge”—in the case of a relevant obligation arising under the terms of a relevant contract, means a sum in the nature of a fee or charge, andin the case of a relevant obligation arising as a result of a trespass or other tort, means a sum in the nature of damages,however the sum in question is described;

• “registered address” means, in relation to the keeper of a registered vehicle, the address described in paragraph 11(3)(b) (as provided by the Secretary of State in response to the application for the keeper's details required by paragraph 11);

• “registered keeper”, in relation to a registered vehicle, means the person in whose name the vehicle is registered;

• “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 relevant land) between the driver and a person who is—the owner or occupier of the land; orauthorised, 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;

• “relevant land” has the meaning given by paragraph 3;

• “relevant obligation” means—an obligation arising under the terms of a relevant contract; oran obligation arising, in any circumstances where there is no relevant contract, as a result of a trespass or other tort committed by parking the vehicle on the relevant land;

• “vehicle” means a mechanically-propelled vehicle or a vehicle designed or adapted for towing by a mechanically-propelled vehicle.

• (2) The reference in the definition of “parking charge” to a sum in the nature of damages is to a sum of which adequate notice was given to drivers of vehicles (when the vehicle was parked on the relevant land).

• (3) For the purposes of sub-paragraph (2) “adequate notice” means notice given by—

• (a) the display of one or more notices in accordance with any applicable requirements prescribed in regulations under paragraph 12 for, or for purposes including, the purposes of sub-paragraph (2); or

• (b) where no such requirements apply, the display of one or more notices which—

• (i) specify the sum as the charge for unauthorised parking; and

• (ii) are adequate to bring the charge to the notice of drivers who park vehicles on the relevant land.

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);

• (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 Traffic Regulation Act 1984;

• “traffic authority” means each of the following—the Secretary of State;the Welsh Ministers;Transport for London;the Common Council of the City of London;the council of a county, county borough, London borough or district;a parish or community council;the Council of the Isles of Scilly.

• (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 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

• (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 , but not byelaws made under section 219 of the Transport Act 2000 by the Strategic Rail Authority, confirmed under Schedule 20 of the Transport Act 2000 and preserved by section 46(4) of the Railways Act 2005.

Right to claim unpaid parking charges from keeper of vehicle

4

• (1) The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle.

• (2) The right under this paragraph applies only if—

• (a) the conditions specified in paragraphs 5, 6, 11 and 12 (so far as applicable) are met; and

• (b) the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.

• (3) For the purposes of the condition in sub-paragraph (2)(b), the vehicle is to be presumed not to be a stolen vehicle at the material time, unless the contrary is proved.

• (4) The right under this paragraph may only be exercised after the end of the period of 28 days beginning with the day on which the notice to keeper is given.

• (5) The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).

• (6) 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).

• (7) The right under this paragraph is subject to paragraph 13 (which provides for the right not to apply in certain circumstances in the case of a hire vehicle).

Conditions that must be met for purposes of paragraph 4

5

• (1) The first condition is that the creditor—

• (a) has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but

• (b) is unable to take steps to enforce that requirement 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) Sub-paragraph (1)(b) ceases to apply if (at any time after the end of the period of 28 days beginning with the day on which the notice to keeper is given) the creditor begins proceedings to recover the unpaid parking charges from the keeper.

6

• (1) The second condition is that the creditor (or a person acting for or on behalf of the creditor)—

• (a) has given a notice to driver in accordance with paragraph 7, followed by a notice to keeper in accordance with paragraph 8; or

• (b) has given a notice to keeper in accordance with paragraph 9.

• (2) If a notice to driver has been given, any subsequent notice to keeper must be given in accordance with paragraph 8.

7

• (1) A notice which is to be relied on as a notice to driver for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.

• (2) The notice must—

• (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

• (b) inform the driver of the requirement to pay parking charges in respect of the specified period of parking and describe those charges, the circumstances in which the requirement arose (including the means by which it was brought to the attention of drivers) and the other facts that made those charges payable;

• (c) inform the driver that the parking charges relating to the specified period of parking have not been paid in full and specify the total amount of the unpaid parking charges relating to that period, as at a time which is—

• (i) specified in the notice; and

• (ii) no later than the time specified under paragraph (f);

• (d) inform the driver of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

• (e) identify the creditor and specify how and to whom payment may be made;

• (f) specify the time when the notice is given and the date.

• (3) The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices each specifying different parts of a single period of parking).

• (4) The notice must be given—

• (a) before the vehicle is removed from the relevant land after the end of the period of parking to which the notice relates, and

• (b) while the vehicle is stationary,

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

• (5) In sub-paragraph (2)(d) the reference to arrangements for the resolution of disputes or complaints includes—

• (a) any procedures offered by the creditor for dealing informally with representations by the driver about the notice or any matter contained in it; and

• (b) any arrangements under which disputes or complaints (however described) may be referred by the driver to independent adjudication or arbitration.

8

• (1) A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) is given in accordance with this paragraph if the following requirements are met.

• (2) The notice must—

• (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

• (b) inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

• (c) state that a notice to driver relating to the specified period of parking has been given and repeat the information in that notice as required by paragraph 7(2)(b), (c) and (f);

• (d) if the unpaid parking charges specified in that notice to driver as required by paragraph 7(2)(c) have been paid in part, specify the amount that remains unpaid, as at a time which is—

• (i) specified in the notice to keeper, and

• (ii) no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));

• (e) state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

• (i) to pay the unpaid parking charges; or

• (ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

• (f) warn the keeper that if, at the end of the period of 28 days beginning with the day after that on which the notice to keeper is given—

• (i) the amount of the unpaid parking charges (as specified under paragraph (c) or (d)) has not been paid in full, and

• (ii) the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

• (g) inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

• (h) identify the creditor and specify how and to whom payment or notification to the creditor may be made;

• (i) specify the date on which the notice is sent (if it is sent by post) or given (in any other case).

• (3) The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).

• (4) The notice must be given by—

• (a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

• (b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

• (5) The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

• (6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

• (7) When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.

• (8) In sub-paragraph (2)(g) the reference to arrangements for the resolution of disputes or complaints includes—

• (a) any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter contained in it; and

• (b) any arrangements under which disputes or complaints (however described) may be referred by the keeper to independent adjudication or arbitration.

9

• (1) A notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(b) is given in accordance with this paragraph if the following requirements are met.

• (2) The notice must—

• (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

• (b) inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

• (c) describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;

• (d) specify the total amount of those parking charges that are unpaid, as at a time which is—

• (i) specified in the notice; and

• (ii) no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));

• (e) state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

• (i) to pay the unpaid parking charges; or

• (ii) if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

• (f) warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

• (i) the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

• (ii) the creditor does not know both the name of the driver and a current address for service for the driver,

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

• (g) inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

• (h) identify the creditor and specify how and to whom payment or notification to the creditor may be made;

• (i) specify the date on which the notice is sent (where it is sent by post) or given (in any other case).

• (3) The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).

• (4) The notice must be given by—

• (a) handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

• (b) sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

• (5) The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

• (6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

• (7) When the notice is given it must be accompanied by any evidence prescribed under paragraph 10.

• (8) In sub-paragraph (2)(g) the reference to arrangements for the resolution of disputes or complaints includes—

• (a) any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter contained in it; and

• (b) any arrangements under which disputes or complaints (however described) may be referred by the keeper to independent adjudication or arbitration.

10

• (1) The appropriate national authority may by regulations made by statutory instrument prescribe evidence which must accompany a notice which is to be relied on as a notice to keeper for the purposes of paragraph 6(1)(a) or paragraph 6(1)(b) (as the case may be).

• (2) The regulations may in particular make provision as to—

• (a) the means by which any prescribed evidence is to be generated or otherwise produced (which may include a requirement to use equipment of a kind approved for the purpose by a person specified in the regulations); or

• (b) the circumstances in which any evidence is, or is not, required to accompany a notice to keeper.

• (3) The regulations may—

• (a) include incidental, supplementary, transitional, transitory or saving provision;

• (b) make different provision for different purposes.

11

• (1) The third condition is that—

• (a) the creditor (or a person acting for or on behalf of the creditor) has made an application for the keeper's details in relation to the period of parking to which the unpaid parking charges relate;

• (b) the application was made during the relevant period for the purposes of paragraph 8(4) (where a notice to driver has been given) or 9(4) (where no notice to driver has been given);

• (c) the information sought by the application is provided by the Secretary of State to the applicant.

• (2) The third condition only applies if the vehicle is a registered vehicle.

• (3) In this paragraph “application for the keeper's details” means an application for the following information to be provided to the applicant by virtue of regulations made under section 22(1)(c) of the Vehicle Excise and Registration Act 1994—

• (a) the name of the registered keeper of the vehicle during the period of parking to which the unpaid parking charges relate; and

• (b) the address of that person as it appears on the register (or, if that person has ceased to be the registered keeper, as it last appeared on the register).

12

• (1) The fourth condition is that any applicable requirements prescribed under this paragraph were met at the beginning of the period of parking to which the unpaid parking charges relate.

• (2) The appropriate national authority may by regulations made by statutory instrument prescribe requirements as to the display of notices on relevant land where parking charges may be incurred in respect of the parking of vehicles on the land.

• (3) The provision made under sub-paragraph (2) may, in particular, include provision—

• (a) requiring notices of more than one kind to be displayed on any relevant land;

• (b) as to the content or form of any notices required to be displayed; and

• (c) as to the location of any notices required to be displayed.

• (4) Regulations under this paragraph may—

• (a) include incidental, supplementary, transitional, transitory or saving provision;

• (b) make different provision for different areas or purposes.

Hire vehicles

13

• (1) This paragraph applies in the case of parking charges incurred in respect of the parking of a vehicle on relevant land if—

• (a) the vehicle was at the time of parking hired to any person under a hire agreement with a vehicle-hire firm; and

• (b) the keeper has been given a notice to keeper within the relevant period for the purposes of paragraph 8(4) or 9(4) (as the case may be).

• (2) The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given—

• (a) a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement;

• (b) a copy of the hire agreement; and

• (c) a copy of a statement of liability signed by the hirer under that hire agreement.

• (3) The statement of liability required by sub-paragraph (2)(c) must—

• (a) contain a statement by the hirer to the effect that the hirer acknowledges responsibility for any parking charges that may be incurred with respect to the vehicle while it is hired to the hirer;

• (b) include an address given by the hirer (whether a residential, business or other address) as one at which documents may be given to the hirer;

(and it is immaterial whether the statement mentioned in paragraph (a) relates also to other charges or penalties of any kind).

• (4) A statement required by sub-paragraph (2)(a) or (c) must be in such form (if any) as may be prescribed by the appropriate national authority by regulations made by statutory instrument.

• (5) The documents mentioned in sub-paragraph (2) must be given by—

• (a) handing them to the creditor;

• (b) leaving them at any address which is specified in the notice to keeper as an address at which documents may be given to the creditor or to which payments may be sent; or

• (c) sending them by post to such an address so that they are delivered to that address within the period mentioned in that sub-paragraph.

• (6) In this paragraph and paragraph 14—

• (a) “hire agreement” means an agreement which—

• (i) provides for a vehicle to be let to a person (“the hirer”) for a period of any duration (whether or not the period is capable of extension by agreement between the parties); and

• (ii) is not a hire-purchase agreement within the meaning of the Consumer Credit Act 1974;

• (b) any reference to the currency of a hire agreement includes a reference to any period during which, with the consent of the vehicle-hire firm, the hirer continues in possession of the vehicle as hirer, after the expiry of any period specified in the agreement but otherwise on terms and conditions specified in it; and

• (c) “vehicle-hire firm” means any person engaged in the hiring of vehicles in the course of a business.

14

• (1) If—

• (a) the creditor is by virtue of paragraph 13(2) unable to exercise the right to recover from the keeper any unpaid parking charges mentioned in the notice to keeper, and

• (b) the conditions mentioned in sub-paragraph (2) below are met,

the creditor may recover those charges (so far as they remain unpaid) from the hirer.

• (2) The conditions are that—

• (a) the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper;

• (b) a period of 21 days beginning with the day on which the notice to hirer was given has elapsed; and

• (c) the vehicle was not a stolen vehicle at the beginning of the period of parking to which the unpaid parking charges relate.

• (3) In sub-paragraph (2)(a) “the relevant period” is the period of 21 days beginning with the day after that on which the documents required by paragraph 13(2) are given to the creditor.

• (4) For the purposes of sub-paragraph (2)(c) a vehicle is to be presumed not to be a stolen vehicle at the material time, unless the contrary is proved.

• (5) The notice to hirer must—

• (a) inform the hirer that by virtue of this paragraph any unpaid parking charges (being parking charges specified in the notice to keeper) may be recovered from the hirer;

• (b) refer the hirer to the information contained in the notice to keeper;

• (c) warn the hirer that if, after the period of 21 days beginning with the day after that on which the notice to hirer is given, the amount of unpaid parking charges referred to in the notice to keeper under paragraph 8(2)(f) or 9(2)(f) (as the case may be) has not been paid in full, the creditor will (if any applicable requirements are met) have the right to recover from the hirer so much of that amount as remains unpaid;

• (d) inform the hirer of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

• (e) identify the creditor and specify how and to whom payment may be made; and

• (f) specify the date on which the notice is sent (if it is sent by post) or given (in any other case).

• (6) The documents mentioned in sub-paragraph (2)(a) must be given by—

• (a) handing them to the hirer;

• (b) leaving them at an address which is either—

• (i) an address specified in the statement of liability mentioned in paragraph 13(2)(c) as an address at which documents may be given to the hirer; or

• (ii) an address at which documents relating to civil proceedings could properly be served on the hirer under Civil Procedure Rules; or

• (c) sending them by post to such an address so that they are delivered to that address within the relevant period for the purposes of sub-paragraph (2)(a).

• (7) In sub-paragraph (5)(d) the reference to arrangements for the resolution of disputes or complaints includes—