Parking (Code of Practice) Act 2019

Document Number:2019 CHAPTER 8
 
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An Act to make provision for and in connection with a code of practice containing guidance about the operation and management of private parking facilities; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

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...

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