Parking (Code of Practice) Act 2019

Code of practice

1 Parking code

(1) The Secretary of State must prepare a code of practice containing guidance about the operation and management of private parking facilities.

(2) The code must contain, among other things—

(a) guidance that promotes good practice in the operation and management of private parking facilities, and

(b) guidance about appeals against parking charges imposed by, or on behalf of, persons providing private parking facilities.

(3) For the purposes of this section “good practice” means such practice in the operation or management of private parking facilities as appears to the Secretary of State to be desirable having regard to the interests of persons using such facilities.

2 Parking code: procedure

(1) Before preparing a code under section 1, the Secretary of State must consult—

(a) persons who appear to the Secretary of State to represent the interests of those who provide, operate or manage private parking facilities,

(b) persons who appear to the Secretary of State to represent the interests of those who use, or may use, private parking facilities, and

(c) such other persons as the Secretary of State considers appropriate.

(2) After preparing a code under section 1, the Secretary of State must lay the code before Parliament.

(3) If, within the 40-day period, either House of Parliament resolves not to approve the code—

(a) the code is not to be issued, and

(b) the Secretary of State must prepare another code under section 1.

(4) If no such resolution is passed within that period, the Secretary of State must issue the code.

(5) A code issued under subsection (4) comes into force at the end of the period of 21 days beginning with the day on which it is issued.

(6) In this section “the 40-day period” means the period of 40 days beginning with the day on which the code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).

(7) In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

3 Review and revision of parking code

(1) The Secretary of State must keep the parking code under review.

(2) The Secretary of State may—

(a) prepare an alteration to the parking code, or

(b) prepare a replacement code under section 1.

(3) Section 2 (other than subsection (3)(b)) applies to an alteration prepared under this section (and to the preparing of such an alteration) as it applies to a code prepared under section 1 (and to the preparing of such a code).

4 Publication of parking code

(1) The Secretary of State must publish each code issued under section 2(4).

(2) Where an alteration of the parking code is so issued, the Secretary of State must publish either—

(a) the alteration, or

(b) the parking code as altered by it.

5 Effect of parking code

(1) A failure on the part of any person to act in accordance with any provision of the parking code does not of itself make that person liable to any legal proceedings in any court or tribunal.

(2) But the Secretary of State must have regard to a failure to act in accordance with the parking code when deciding—

(a) whether to disclose any particulars contained in the register to a person under regulation 27 of the Road Vehicles (Registration and Licensing) Regulations 2002 (S.I. 2002/2742);

(b) whether a person should be, or should continue to be, an accredited parking association.

(3) A person is an “accredited parking association” for the purposes of this Act if—

(a) the person (“the association”) represents the interests of persons who provide, operate or manage private parking facilities, and

(b) the Secretary of State considers that it is appropriate for particulars contained in the register to be disclosed to persons who are members of the association.

(4) In this Act “the register” means the record kept by or on behalf of the Secretary of State of the vehicles registered under section 21 of the Vehicle Excise and Registration Act 1994.

(5) The parking code is admissible in evidence in any legal proceedings.

6 Delegation of functions

(1) The Secretary of State may—

(a) enter into an agreement with a public authority authorising the authority to perform any functions of the Secretary of State under sections 1 to 4 (other than the function of laying a code or alteration before Parliament);

(b) enter into an agreement with a person authorising that person to perform any functions relating to investigating whether persons have failed to act in accordance with the parking code.

(2) An agreement under this section may provide for payments to be made by the Secretary of State in respect of the performance of a function.

(3) An agreement under this section—

(a) may be cancelled by the Secretary of State at any time, and

(b) does not prevent the Secretary of State from performing a function to which the agreement relates.

(4) A person authorised by an agreement under this section to perform a function may not authorise any other person to perform that function.

(5) Where by virtue of this section a public authority prepares a code under section 1, or an alteration under section 3, the authority must—

(a) consult the Secretary of State, and

(b) submit the code or alteration to the Secretary of State for approval.

(6) Once the Secretary of State has approved the code or alteration, the Secretary of State must lay the code or alteration before Parliament (and section 2(3) to (7) applies accordingly).