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Protection of Freedoms Act, Sch. 4 - Relevant Land

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Protection of Freedoms Act, Sch. 4 - Relevant Land

Postby Alan Atkins » Tue Aug 08, 2017 10:43 pm

I've been looking at Schedule 4 of the Protection of Freedoms Act 2012 which says.
3 (1) In this schedule “relevant land” means any land (including land above or below ground level, other than

(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.


With reference to this legislation, I'd appreciate views on what is meant by statutory control. For example, the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 2008 (SI 2008/2266) allows the DVLA to clamp vehicles that are not on public roads (ie unadopted roads, commons, public car parks or roads maintained by Housing Associations) if they are in breach of VED continuous registration requirements (in that they have to be either taxed or SORNed).
These regulations are far reaching and it would appear they apply anywhere except the driveway of a private dwelling. I believe this means the parking of those vehicles is subject to statutory control.
This suggests to me that places such as unadopted roads, commons, public car parks or roads maintained by Housing Associations are not "relevant land," as referred to in this legislation.

Is that a fair interpretation ? Curious to know what anyone else thinks.
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Re: Protection of Freedoms Act, Sch. 4 - Relevant Land

Postby dls » Wed Aug 09, 2017 5:34 am

I suspect that you are turing some of these definitions on their head.

'Statutory control' might refer to any one of a thousand different provisions.
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Re: Protection of Freedoms Act, Sch. 4 - Relevant Land

Postby atticus » Wed Aug 09, 2017 9:52 am

Do the VED regulations apply to control parking on land? That may be where the OP goes wrong.
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Re: Protection of Freedoms Act, Sch. 4 - Relevant Land

Postby Smouldering Stoat » Wed Aug 09, 2017 10:57 am

(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.
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Re: Protection of Freedoms Act, Sch. 4 - Relevant Land

Postby atticus » Wed Aug 09, 2017 11:00 am

The regulations described by the OP do not appear to meet those criteria; they relate to enforcement of Vehicle Excise Duty and not control of parking
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