Prevention of Terrorism (Additional Powers) Act 1996

5 Parking prohibitions and restrictions and the removal of vehicles

In Part IVB of the 1989 Act insert, after section 16C—

“16D Parking prohibitions and restrictions and the removal of vehicles

(1) If it appears to an appropriate officer that it is expedient to do so in order to prevent acts of terrorism to which section 16C above applies he may give an authorisation for the purposes of this section.

(2) An authorisation—

(a) may be given in writing or orally but if given orally must be confirmed in writing by the person giving it as soon as is reasonably practicable; and

(b) has effect—

(i) in relation to such roads, or parts of roads, as may be specified; and

(ii) for such period, not exceeding 28 days, as may be specified.

(3) Only roads, or parts of roads, which are within the police area of the officer giving the authorisation may be specified.

(4) An authorisation gives any constable power to prohibit or restrict the leaving of vehicles, or their remaining at rest, on any specified road, or part of a road.

(5) The power conferred by subsection (4) above is to be exercised by placing the appropriate traffic sign on, or on any structure which is on, the road or part of the road concerned.

(6) If the driver or other person in charge of a vehicle which has been permitted to remain at rest in contravention of any prohibition or restriction imposed under subsection (4) above fails to move the vehicle when ordered to do so by a constable in uniform, he is guilty of an offence.

(7) A person is guilty of an offence if he leaves a vehicle, or permits a vehicle to remain at rest, on a road in contravention of a prohibition or restriction imposed under this section.

(8) It is a defence for any person charged with an offence under this section to prove that he had lawful authority or some other reasonable excuse for the act or omission in question.

(9) A person guilty of an offence under subsection (6) above is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.

(10) A person guilty of an offence under subsection (7) above is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(11) If it appears to an appropriate officer that the exercise of the powers conferred by this section ought to continue beyond the period for which their exercise has been authorised under this section he may, from time to time, authorise the exercise of those powers for a further period, not exceeding 28 days.

(12) The fact that a person has a current disabled person’s badge does not—

(a) exempt him from any prohibition or restriction imposed under this section; or

(b) constitute lawful authority, or a reasonable excuse, for failing to comply with any order given under this section.

(13) In this section—

• “appropriate officer” means—

  (a)

  any police officer of or above the rank of commander of the metropolitan police, as respects the metropolitan police district;

  (b)

  any police officer of or above the rank of commander of the City of London police, as respects the City of London; or

  (c)

  any police officer of or above the rank of assistant chief constable of a force maintained for any other police area;

• “authorisation” means an authorisation given under this section;

• “disabled person’s badge” has the same meaning as in section 142 of the [1984 c. 27.] Road Traffic Regulation Act 1984;

• “driver” means, in relation to a vehicle which has been left on any road, the person who was driving it when it was left there;

• “road” has the same meaning as in the [1988 c. 52.] Road Traffic Act 1988;

• “specified” means specified in an authorisation;

• “traffic sign” has the meaning given in section 142(1) of the [1984 c. 27.] Road Traffic Regulation Act 1984; and

• “vehicle” has the same meaning as in section 99(5) of the Act of 1984.

(14) A constable exercising powers under this section may suspend a parking place; and any such suspension is to be treated for the purposes of section 99 of the Act of 1984 (removal of vehicles illegally parked etc.), and any regulations in force under that section, as a restriction imposed under this section.

(15) The powers conferred by this section are additional to any other powers which a constable has either at common law or under or by virtue of any other enactment and are not to be taken to affect any of those other powers.”