The Protection of Freedoms Act 2012 (Definition of Relevant Land) (Amendment) Order 2025
- Department: Department for Transport
- Made under: Protection of Freedoms Act 2012
The Order amended Schedule 4 of the Protection of Freedoms Act 2012 by excluding specific preserved railway byelaws from the definition of relevant land to enable the recovery of unpaid station car parking charges.
The Secretary of State for Transport has made this Order using powers under the Protection of Freedoms Act 2012 to amend the definition of 'relevant land' within Schedule 4 of that Act, specifically to ensure that land subject to preserved railway byelaws made under the Transport Act 2000 is included, thereby facilitating the recovery of unpaid car parking charges from keepers or hirers of vehicles parked in station car parks.
Arguments For
It facilitates the recovery of unpaid car parking charges incurred by keepers or hirers of vehicles parked in station car parks by redefining 'relevant land'.
It rectifies a definition exclusion that currently prevents the enforcement mechanism of the 2012 Act from applying to land governed by preserved railway byelaws.
The amendment is based on existing legislative powers (paragraph 16(1)(a) of Schedule 4 to the Protection of Freedoms Act 2012) and has parliamentary approval.
Arguments Against
Including this land under the definition might lead to an increase in enforcement actions and potential administrative burdens for vehicle keepers/hirers regarding minor parking infractions.
The scope of the existing byelaws being addressed might cover specific operational needs that the general definition of 'relevant land' was intended to constrain.
Although deemed to have no or insignificant impact, the introduction of new enforcement avenues always carries a risk of unintended consequences for vehicle keepers.
The Secretary of State, in exercise of powers conferred by paragraph 16(1)(a) of Schedule 4 to the Protection of Freedoms Act 2012 makes the following Order.
The Secretary of State is enacting this legal instrument by using authority granted under paragraph 16(1)(a) of Schedule 4 of the Protection of Freedoms Act 2012.
A draft of this instrument was laid before Parliament in accordance with paragraph 17(2) of Schedule 4 to the Protection of Freedoms Act 2012 and approved by a resolution of each House of Parliament.
Before this Order became law, a preliminary version was presented to both Houses of Parliament.
Parliament formally approved the instrument as required by paragraph 17(2) of Schedule 4 of the Protection of Freedoms Act 2012.
Citation, commencement and extent 1. (1) This Order may be cited as the Protection of Freedoms Act 2012 (Definition of Relevant Land) (Amendment) Order 2025 and comes into force 29 days after the day on which it is made. (2) This Order extends to England and Wales.
Article 1 specifies the name of this legal instrument as the Protection of Freedoms Act 2012 (Definition of Relevant Land) (Amendment) Order 2025.
It will take legal effect 29 days after the date it is officially made.
Furthermore, the rules established by this Order are only applicable within the jurisdictions of England and Wales.
Amendment to Schedule 4 to the Protection of Freedoms Act 2012 2. At the end of paragraph 3(4) of Schedule 4 to the Protection of Freedoms Act 2012 insert “, but not byelaws made under section 219 of the Transport Act 2000 by the Strategic Rail Authority, confirmed under Schedule 20 of the Transport Act 2000 and preserved by section 46(4) of the Railways Act 2005”.
Article 2 modifies Schedule 4 of the Protection of Freedoms Act 2012.
Specifically, it amends paragraph 3(4) by adding an exception.
The exception specifies that certain byelaws are not to be considered 'relevant land'.
These excepted byelaws were created under section 219 of the Transport Act 2000 by the Strategic Rail Authority, confirmed under Schedule 20 of the same Act, and subsequently maintained by section 46(4) of the Railways Act 2005.
Signed by authority of the Secretary of State for Transport Hendy of Richmond Hill Minister of State Department for Transport 27th November 2025
This section provides the authentication for the Order, showing it was signed on behalf of the Secretary of State for Transport by the Minister of State, Hendy of Richmond Hill, on November 27, 2025.
EXPLANATORY NOTE (This note is not part of the Order) This Order amends the Protection of Freedoms Act 2012 to bring land subject to the Railway Byelaws within the definition of relevant land in Schedule 4 to that Act in order to facilitate the recovery of unpaid car parking charges from the keeper or hirer of a vehicle parked in a station car park.
This note clarifies that the Order revises the Protection of Freedoms Act 2012.
The purpose is to include land covered by Railway Byelaws within the legal definition of 'relevant land' specified in Schedule 4.
This change allows authorities to pursue recovery of outstanding car parking fees from the person responsible for the vehicle left in station car parks.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
The government has determined that a full impact assessment was unnecessary for this regulation.
This conclusion was reached because the Order is not expected to create any substantial effect on businesses (private sector), non-profit organizations (voluntary sector), or government bodies (public sector).
An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.
A separate document, the Explanatory Memorandum, which offers further detail, is made available along with this Order on the official legislation website.
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