Private Security Industry Act 2001

Immobilisation of vehicles E+W+S

3 [F1 (1) This paragraph applies (subject to the following provisions of this paragraph) to any of the following activities—

(a) the immobilisation of a motor vehicle by the attachment to the vehicle, or to a part of it, of an immobilising device;

(b) the removal of an immobilising device from a motor vehicle; and

(c) the demanding or collection of a charge as a condition of the removal of an immobilising device from a motor vehicle.]

(2) This paragraph applies only to—

[F2 (a)] activities carried out for the purpose of preventing or inhibiting the removal of a vehicle by a person otherwise entitled to remove it.

[F3 (b) activities carried out in connection with activities mentioned in paragraph (a)]

[F4 (2A) The activities in sub-paragraph (1)(a) only fall within this paragraph where—

(a) they are carried out in circumstances in which it is proposed to impose a charge for the release of the vehicle; and

(b) they are carried out in relation to a vehicle while it is elsewhere than on a road within the meaning of the Road Traffic Act 1988 (c. 52).

(2B) The activities in sub-paragraph (1)(b) only fall within this paragraph where—

(a) they are carried out in circumstances where it is either proposed to impose a charge for the release of the vehicle or where such a charge has been imposed; and

(b) they are carried out in relation to a vehicle which was immobilised while it was elsewhere than on a road within the meaning of the Road Traffic Act 1988.

(3) The activities in sub-paragraph (1)(c) only fall within this paragraph where they are carried out in relation to a vehicle which was immobilised while it was elsewhere than on a road within the meaning of the Road Traffic Act 1988.]

[F5 (3A) This paragraph does not apply to—

(a) activities carried out [F6 for the purposes of, or in connection with,] a contract entered into by the Lord Chancellor under section 2(4) of the Courts Act 2003 (court officers, staff and services);

[F7 (aa) activities of a person carried out for the purposes of, or in connection with, arrangements made with that person’s employer by the [F8 Department of Justice in Northern Ireland] under section 69 of the Judicature (Northern Ireland) Act 1978;]

(b) activities of a person who is appointed under section 24 (constables), 25 (special constables) or 26 (cadets) of the Railways and Transport Safety Act 2003 which are carried out in the course of his employment by the British Transport Police Authority;

(c) activities of a person who is employed by the British Transport Police Authority under section 27 of the Railways and Transport Safety Act 2003 (civilian employees) and who is designated by the chief constable of the British Transport Police Force under section 38 of the Police Reform Act 2002 (police powers for police authority employees) where those activities are carried out in the course of that employment;

(d) activities of a person who is employed as a constable by a harbour authority, within the meaning of section 57 of the Harbours Act 1964 (interpretation), which are carried out in the course of that employment.]

[F9 (e) activities of a person appointed as a special constable in Northern Ireland by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847 (harbour and dock police) which are carried out in the execution of that office.]

[F10 (4) This paragraph does not apply to any activities carried out in Scotland.]

[F11 (5) In the application of this paragraph to Northern Ireland any reference to a road within the meaning of the Road Traffic Act 1988 shall be read as if it were a reference to a road within the meaning of the Road Traffic Regulation (Northern Ireland) Order 1997]

Textual Amendments

F1 Sch. 2 para. 3(1) substituted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 3(2)

F2 Word in Sch. 2 para. 3(2) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 3(3)(a)

F3 Sch. 2 para. 3(2)(b) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 3(3)(b)

F4 Sch. 2 para. 3(2A)-(3) substituted for Sch. 2 para. 3(2A)(3) (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 3(4)

F5 Sch. 2 para. 3(3A) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 3(5)

F6 Words in Sch. 2 para. 3(3A)(a) substituted (1.10.2007) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 (S.I. 2007/2201), arts. 1(3), 3

F7 Sch. 2 para. 3(3A)(aa) inserted (E.W.) (19.11.2009) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 (S.I. 2009/3043), arts. 1(1), 3(2)

F8 Words in Sch. 2 para. 3(3A)(aa) substituted (12.4.2010) by The Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010 (S.R. 2010/133), art. 1, Sch. para. 8(2) (with arts. 5-7)

F9 Sch. 2 para. 3(3A)(e) inserted (E.W.) (19.11.2009) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 (S.I. 2009/3043), arts. 1(1), 3(3)

F10 Sch. 2 para. 3(4) added (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 14(a); S.S.I. 2006/381, art. 2(a)(i)(b)(i)

F11 Sch. 2 para. 3(5) inserted (E.W.) (19.11.2009) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 (S.I. 2009/3043), arts. 1(1), 3(4)

Commencement Information

I1 Sch. 2 para. 3 in force at 1.2.2004 by S.I. 2003/2710, art. 3(l)

I2 Sch. 2 para. 3 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)

I3 Sch. 2 para. 3 in force at 11.3.2009 for specified purposes for N.I. by S.I. 2009/644, art. 3

I4 Sch. 2 para. 3 in force at 1.5.2009 for N.I. In so far as not already in force by S.I. 2009/1058, art. 3