Protection of Freedoms Act 2012 Explanatory Notes

Part 4: Vehicles left on land

467.Paragraph 20 makes amendments to the Private Security Industry Act 2001 (“the 2001 Act”) consequential upon section 54 which makes it an offence to immobilise, remove or restrict the movement of a vehicle without lawful authority. The 2001 Act provides for the licensing, by the Security Industry Authority (“SIA”), of individuals engaged in the immobilisation (wheel clamping) of vehicles. Sections 42 and 44 of the Crime and Security Act (“the 2010 Act”) amended the 2001 Act so as to provide for the licensing of wheel clamping businesses and for an independent avenue of appeal for motorists in respect of release fees imposed by businesses carrying out wheel clamping and related activities; the provisions in the 2010 Act have not been brought into force. With the introduction of the new offence, the existing licensing regime becomes redundant, accordingly this paragraph repeals the relevant provisions of the 2001 Act, as amended, which provide for the licensing of wheel clamping operatives and companies.

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