6(1)Subject to sub-paragraph (2) below, the following (and only the following) fall within section 2(2)(f) above—E+W+S
(a)cutting and tending grass (including re-turfing and re-seeding but not initial turfing or seeding);
(b)planting and tending trees, hedges, shrubs, flowers and other plants (but excluding landscaping any area);
(c)controlling weeds.
(2)An activity does not fall within section 2(2)(f) above if its primary purpose is research or securing the survival of any kind of plant.
[F16A(1)The following (and only the following) fall within section 2(2)(ff) above—
(a)the fixing or giving of penalty charge notices under section 66 of the 1991 Act;
(b)the fixing or removal, or authorising the fixing or removal, of immobilisation devices under section 69 of the 1991 Act;
(c)the removal, or the making of arrangements for the removal, of vehicles in pursuance of regulations under section 99 of the 1984 Act, where the removal is effected or arranged by parking attendants; and
(d)the making of arrangements for the custody, release or disposal of vehicles whose removal is effected or arranged as mentioned in paragraph (c) above.
(2)In this paragraph—
“the 1984 Act” means the Road Traffic Regulation Act 1984 F2;
“the 1991 Act” means the Road Traffic Act 1991 F3;
“parking attendant” has the same meaning as in section 63A of the 1984 Act F4.]
Textual Amendments
F1Sch. 1 para. 6A inserted (10.11.1994) by S.I. 1994/2884, art. 2(2)
F4Section 63A is inserted by section 44(1) of the Road Traffic Act 1991.