Protection of Freedoms Act 2012

3 (1) In this Schedule “relevant land” means any land (including land above or below ground level) other than— E+W

(a) a highway maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980);

(b) a parking place which is provided or controlled by a traffic authority;

(c) any land (not falling within paragraph (a) or (b)) on which the parking of a vehicle is subject to statutory control.

(2) In sub-paragraph (1)(b)—

• “parking place” has the meaning given by section 32(4)(b) of the Road Traffic Regulation Act 1984;

• “traffic authority” means each of the following—

  (a)

  the Secretary of State;

  (b)

  the Welsh Ministers;

  (c)

  Transport for London;

  (d)

  the Common Council of the City of London;

  (e)

  the council of a county, county borough, London borough or district;

  (f)

  a parish or community council;

  (g)

  the Council of the Isles of Scilly.

(3) For the purposes of sub-paragraph (1)(c) the parking of a vehicle on land is “subject to statutory control” if any statutory provision imposes a liability (whether criminal or civil, and whether in the form of a fee or charge or a penalty of any kind) in respect of the parking on that land of vehicles generally or of vehicles of a description that includes the vehicle in question.

(4) In sub-paragraph (3) “statutory provision” means any provision (apart from this Schedule) contained in—

(a) any Act (including a local or private Act), whenever passed; or

(b) any subordinate legislation, whenever made,

and for this purpose “subordinate legislation” means an Order in Council or any order, regulations, byelaws or other legislative instrument.

Commencement Information

I1 Sch. 4 para. 3 in force at 1.10.2012 for E. by S.I. 2012/2075, art. 3(f)

I2 Sch. 4 para. 3 in force at 1.10.2012 for W. by S.I. 2012/2499, art. 2(1)(2)(b)