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(1) A person who is an occupier of any premises is guilty of an offence if-
(a) any individual carries out, in relation
to vehicles on those premises, any designated activities consisting
in activities to which paragraph 3 of Schedule 2 (immobilisation
of vehicles) applies;
(b) the carrying out of those activities
involves that individual's engaging in licensable conduct in respect
of which he is not the holder of a licence; and
(c) those activities are carried out with
the permission of that occupier or for the purposes of, or in connection
with, any contract for the supply of services to him.
(2) In proceedings against any person for an offence
under this section it shall be a defence for that person to show
either-
(a) that he did not know, and had no reasonable
grounds for suspecting, at the time when the activities were carried
out, that the individual in question was not the holder of a licence
in respect of those activities; or
(b) that he took all reasonable steps,
in relation to the carrying out of those activities, for securing
that that individual would not engage in any licensable conduct
in respect of which he was not the holder of a licence.
(3) A person shall not be guilty of an offence
under this section in respect of the carrying out of activities
which are comprised in any conduct of an individual in which he
is entitled to engage by virtue of section 4.
(4) A person guilty of an offence under this section
shall be liable-
(a) on summary conviction, to imprisonment
for a term not exceeding six months or to a fine not exceeding the
statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment
for a term not exceeding five years or to a fine, or to both.
Schedule 2
..Section 3
Immobilisation of vehicles
(1) This paragraph applies (subject to the following
provisions of this paragraph) to the immobilisation of a motor vehicle
by the attachment to the vehicle, or to a part of it, of an immobilising
device.
(2) This paragraph applies only to activities carried
out for the purpose of preventing or inhibiting the removal of a
vehicle by a person otherwise entitled to remove it.
(3) 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 (c. 52). |
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Mr. Spellar:
To ask the Secretary of State for the Home Department if he will
set a limit on the amount that can be charged by wheel clamping
companies for (a) the removal of a wheel clamp, (b) the recovery
of a vehicle that has been removed and (c) vehicle storage costs.
[67296]
Mr. Coaker: Under the Private
Security Industry Act 2001, the Security Industry Authority
has responsibility for licensing vehicle immobilisers, to help ensure
that vehicle immobilisation on private land is conducted in a responsible
manner. |
