HC Deb 10 May 2000 vol 349 cc890-1

Amendments made: No. 218, in page 88, line 16, after "the" insert "motor".

No. 219, in page 88, line 21, leave out subsection (2) and insert— '(2) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to enter a motor vehicle where he has reasonable grounds for suspecting that—

  1. (a) any equipment required to be carried in or fitted to it while it is on a road in respect of which charges are imposed has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge imposed by the charging scheme. Or
  2. (b) there is in the motor vehicle a false document which has been made or used with intent to avoid payment of, or being identified as having failed to pay, such a charge.
(2A) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by a charging scheme under this Part by virtue of subsection (2). (2B) A person guilty of an offence under subsection (2A) is liable on summary conviction to—
  1. (a) a fine not exceeding level 5 on the standard scale, or
  2. (b) imprisonment for a term not exceeding six months, or to both.
 (2C) The appropriate national authority may by regulations make provision enabling or requiring charging schemes under this Part to confer power on any person authorised in writing by the charging authority, or any of the charging authorities, to seize anything (if necessary by detaching it from a motor vehicle) and detain it as evidence of the commission of an offence under section 151(5) or (6). (2D) A charging scheme under this Part may not authorise an examination of, or entry into, a motor vehicle unless it is on a road.'.'.

No. 220, in page 88, line 29, at end insert— '(aa) the fixing of immobilisation notices to motor vehicles to which an immobilisation device has been fitted,'.

No. 221, in page 88, line 33, at end insert— and ( ) the sale or destruction of motor vehicles not released. (3A) A person commits an offence if he removes or interferes with an immobilisation notice fixed to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (3) in contravention of such provision.

(3B) A person commits an offence if he removes or attempts to remove an immobilisation device fitted to a motor vehicle in accordance with provision included in a charging scheme under this Part by virtue of subsection (3) in contravention of such provision.

(3C) A person commits an offence if he intentionally obstructs a person exercising any power conferred on him by provision included in a charging scheme under this Part by virtue of subsection (3).

(3D) A person guilty of an offence under subsection (3A) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(3E) A person guilty of an offence under subsection (3B) or (3C) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.'.

No. 222, in page 88, line 34, leave out "and in this subsection" and insert— '( ) In this section'.

No. 223, in page 88, leave out line 37.—[Mr. Robert Ainsworth.]

Ordered,

That clause 152 be divided into two Clauses, the first consisting of subsections (1) to (2D) [Examination, entry, search and seizure] and the second of subsections (3) to (4) [Immobilisation etc.].—[Mr. Robert Ainsworth.]

Forward to