Anti-social Behaviour, Crime and Policing Bill

Page 2, line 18, at end insert—

“( )   For the purpose of determining whether the condition mentioned in
subsection (2) is fulfilled, the court shall disregard any act of the
respondent which he or she shows was reasonable in the circumstances.”

Page 2, line 18, at end insert—

“( )   It shall be a defence to an application for an injunction under this section
that the respondent acted reasonably in the circumstances.”

Page 12, line 20, at end insert—

“( )   For the purpose of determining whether the condition mentioned in
subsection (3) is fulfilled, the court shall disregard any act of the defendant
which he or she shows was reasonable in the circumstances.”

Page 12, line 20, at end insert—

“( )   It shall be a defence to an application for an order under this section that
the defendant acted reasonably in the circumstances.”

Line 3, after “authority” insert “or person or body designated under section (Bodies
other than local authorities with statutory functions in relation to land)”

Page 41, line 37, leave out “habitually”

Page 45, line 26, after “in” insert “or who lives in”

Page 46, line 11, after “in” insert “or who lives in”

Page 46, line 32, after “in” insert “or who lives in”

Page 47, line 21, after “order” insert “or as to the extent of the building or structure
to which the order has been applied”

Page 47, line 24, after “in” insert “or who lives in”

Insert the following new Clause—

“Amendments to the licensing regime for private security businesses

(1)   Sections 42 and 43 of, and Schedule 1 to, the Crime and Security Act 2010
are repealed.

(2)   The Private Security Industry Act 2001 is amended as follows.

(3)   After section 4 there is inserted—

“4A Requirement to license businesses undertaking work for or on
behalf of public authorities

(1)   It shall be an offence for a business to engage in any licensable
conduct except under and in accordance with a license.

(2)   A business engages in licensable conduct if it—

(a)   is contracted with a public authority, or

(b)   seeks contracts with a public authority,

to undertake any of the activities contained in Schedule 2, or acts as
a sub-contractor to another business which meets the criteria in
paragraph (b) or (c).

(3)   In this section—

“a business” is defined as any body corporate, Scottish
partnership or unincorporated association;

“public authority” is any person certain whose functions are
functions of a public nature.

(4)   The Authority may publish, under section 7(1), different criteria for
businesses as to those it applies to individuals.

(5)   The Authority shall—

(a)   publish a code of conduct for licensed businesses to which
licensed businesses shall be expected to adhere;

(b)   publish a list of sanctions for non-adherence by a licensed
business to the code produced under subsection (5)(a)
which may include, but is not limited to, fines, suspension
of licence, withdrawal of licence and criminal prosecution;

(c)   impose sanctions from the list prepared under subsection
(5)(b) to any business it deems to have breached or failed to
comply with the code produced under subsection (5)(a).”

(4)   In section 11 (appeals in licensing matters), in subsection (1)—

(a)   at the end of paragraph (b), delete “or”, and

(b)   at the end of paragraph (c), insert—

(d)   sanctions are imposed on a licensed business under section
4C(5)(c).”

(5)   After section 22 there is inserted—

“22A          Information relating to license holders

(1)   Information held by any person for the purposes of, or for any
purpose connected with, the exercise of functions under this Act—

(a)   may be supplied to any other person for use for any such
purpose, and

(b)   may be supplied to any person having functions in relation
to—

(i)   the enforcement of any other enactment applying to
the operations of a licensed person or licensed
business,

(ii)   offences committed by any person in connection
with or by reason of their doing work to which this
Act applies,

  for use for the purposes of, or for any purpose connected with, those functions.

(2)   Information relating to the operations or licensing of a licensed
person or licensed business which is held by any person for the
purposes of, or for any purpose connected with, such functions as
are mentioned in subsection (1)(b) may be supplied to any person
having functions under this Act for the purposes of, or for any
purpose connected with, the exercise of those functions.

(3)   Information supplied under subsection (2) by or on behalf of the
Commissioners of Inland Revenue or the Commissioners of
Customs and Excise must not be supplied by the recipient to any
other person without the consent of the Commissioners concerned.

(4)   This section—

(a)   has effect notwithstanding any restriction on the disclosure
of information imposed by any enactment or rule of law,
and

(b)   does not limit the circumstances in which information may
be used or supplied apart from this section.

(5)   In this section “enactment” means and Act of Parliament, an Act of
the Scottish Parliament or any Northern Ireland legislation or any
instrument made under or having effect by virtue of an Act of
Parliament, an Act of the Scottish Parliament or any Northern
Ireland legislation.

(6)   References in this section to a person having functions of any
description include references to any person providing, or
employed in the provision of, services for that person in connection
with those functions.””