Private Security Industry Act 2001

Restriction and removal of vehicles E+W+S

[F1 3A. (1) This paragraph applies (subject to the following provisions of this paragraph) to–

(a) the moving of a vehicle by any means; F2 ...

(b) the restriction of the movement of a vehicle by any means.

[F3 (c) the release of a vehicle which has been so moved or restricted, where release is effected by returning the vehicle to the control of the person who was otherwise entitled to remove it, by removing any restriction on the movement of the vehicle or by any other means; and

(d) the demanding or collection of a charge as a condition of any such release of a vehicle.]

(2) This paragraph applies only to—

[F4 (a)] activities carried out for the purpose of preventing or inhibiting the removal of a vehicle by a person otherwise entitled to remove it.

[F5 (b) activities carried out in connection with activities carried mentioned in paragraph (a)]

[F6 (2A) The activities in sub-paragraph (1)(a) and (b) 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)(c) 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 moved or restricted while it was elsewhere than on a road within the meaning of the Road Traffic Act 1988.

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

(4) This paragraph does not apply to any activities carried out in relation to a vehicle while it is on a road within the meaning of the Road Traffic Act 1988.

(5) This paragraph does not apply to restricting the movement of a vehicle by a fixed barrier which was present when that vehicle was parked and which is reasonably understood to be for the purpose of ensuring payment which has been accepted as a condition of parking.]

[F7 (6) This paragraph does not apply to—

(a) activities carried out [F8 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);

[F9 (aa) activities of a person carried out for the purposes of, or in connection with, arrangements made with that person’s employer by the [F10 Department of Justice in Northern Ireland] under section 69 of the Judicature (Northern Ireland) Act 1978;]

(b) activities carried out by a person for the purposes of, or in connection with, a contract entered into by a local authority with a view to removing a vehicle pursuant to section 3 of the Refuse Disposal (Amenity) Act 1978 (removal of abandoned vehicles) or pursuant to regulations made under section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles illegally, obstructively or dangerously parked, or abandoned or broken down);

[F11 (ba) activities carried out by a person for the purposes of, or in connection with, a contract entered into by a district council in Northern Ireland with a view to removing a vehicle pursuant to Article 30 of the Pollution Control and Local Government (Northern Ireland) Order 1978 (removal of abandoned vehicles);

(bb) activities carried out by a person for the purposes of, or in connection with, a contract entered into by the Department for Regional Development with a view to removing a vehicle pursuant to Article 49 of the Road Traffic Regulation (Northern Ireland) Order 1997;]

(c) activities carried out by a person for the purposes of, or in connection with, a contract entered into by a [F12 local policing body] or another authority which maintains a body of constables with a view to removing a vehicle pursuant to regulations made under section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles illegally, obstructively or dangerously parked, or abandoned or broken down);

[F13 (ca) activities carried out by a person for the purposes of, or in connection with, a contract entered into by the Northern Ireland Policing Board with a view to removing a vehicle pursuant to Article 48 of the Road Traffic Regulation (Northern Ireland) Order 1997;]

(d) 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;

(e) 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 [F14 civilian staff]) where those activities are carried out in the course of that employment;

(f) 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.]

[F15 (g) 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.]

[F7 (7) For the purposes of sub-paragraph (6)(b) “local authority” means—

(a) in relation to England, a district council, a London borough council or the Common Council of the City of London;

(b) in relation to Wales, a county council or a county borough council.]

[F16 (7A) For the purposes of sub-paragraph (6)(ba) “district council” has the meaning given by section 44 of the Interpretation Act (Northern Ireland) 1954.]

[F17 (8) This paragraph does not apply to any activities carried out in Scotland.]

[F18 (9) 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. 3A inserted (28.2.2005) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005 (S.I. 2005/224), arts. 1(1), 3

F2 Word in Sch. 2 para. 3A(1)(a) omitted (11.7.2006) by virtue of The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 4(2)(a)

F3 Sch. 2 para. 3A(1)(c)(d) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 4(2)(b)

F4 Word in Sch. 2 para. 3A(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), 4(3)(a)

F5 Sch. 2 para. 3A(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), 4(3)(b)

F6 Sch. 2 paras. 3A(2A)-(3) substituted for Sch. 2 para. 3A(2A)(3) (11.7.2006) by virtue of The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 4(4)

F7 Sch. 2 para. 3A(6)(7) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 4(5)

F8 Words in Sch. 2 para. 3A(6)(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

F9 Sch. 2 para. 3A(6)(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), 4(2)

F10 Words in Sch. 2 para. 3A(6)(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(3) (with arts. 5-7)

F11 Sch. 2 para. 3A(6)(ba)(bb) 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), 4(3)

F12 Words in Sch. 2 para. 3A(6)(c) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 273(4)(a); S.I. 2011/3019, art. 3, Sch. 1

F13 Sch. 2 para. 3A(6)(ca) 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), 4(4)

F14 Words in Sch. 2 para. 3A(6)(e) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 273(4)(b); S.I. 2011/3019, art. 3, Sch. 1

F15 Sch. 2 para. 3A(6)(g) 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), 4(5)

F16 Sch. 2 para. 3A(7A) 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), 4(6)

F17 Sch. 2 para. 3A(8) inserted (1.10.2007) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 (S.I. 2007/2201), arts. 1(3), 4

F18 Sch. 2 para. 3A(9) 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), 4(7)