Vehicle Clamping Act 2015

Codes of practice

12. (1) The NTA may establish a code of practice—

(a) providing practical guidance to parking controllers and clamping operators regarding compliance with this Act or regulations made under it, and

(b) establishing standards in relation to the general behaviour, performance of duties and conduct of—

(i) parking controllers in supervising the operations of clamping operators, and

(ii) clamping operators in carrying out clamping activities.

(2) A code of practice shall be published by the NTA—

(a) on the website of the NTA in such a form or manner as the NTA thinks appropriate, and

(b) in printed form available on request on payment of such reasonable fee (if any) as the NTA decides,

and the published code shall specify the date from which it has effect.

(3) The NTA shall consult with the Minister when preparing a draft of a code of practice or any amendments to a code of practice.

(4) Before establishing a code of practice or amending a code of practice, the NTA—

(a) shall publish on its website a draft of the proposed code or amendment and allow persons a specified period, being not less than 21 days after the date of publication, to make written representations to the NTA in relation to the draft code or draft amendment, as the case may be, and

(b) may, having considered any representations received, establish the draft code or make the amendment, with or without modification.

(5) Subsection (6) applies in proceedings for an offence under this Act where there was a relevant code of practice in effect at the time of the commission of the alleged offence.

(6) Where it is shown in any proceedings that an act or omission of the accused constituted an element of an offence and such act or omission was—

(a) a failure to observe a relevant code of practice referred to in subsection (5), or

(b) in compliance with a code of practice,

the failure or compliance is admissible in evidence.

(7) A copy of a code of practice which has endorsed on it a certificate purporting to be signed by an officer of the NTA, authorised by the NTA in that behalf, stating that the copy is a true copy of the code of practice may, without proof of the signature of the person signing the certificate or that he or she is authorised to sign the certificate, be produced in every court and in all proceedings under this Act and is evidence, unless the contrary is shown, of the code of practice.