S.C.B.
Amendment Paper as at
Tuesday 24th April 2001
STANDING COMMITTEE B
PRIVATE SECURITY INDUSTRY BILL [LORDS]
Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
19
Clause 2, page 2, line 24, at end insert—
'(2A) The Secretary of State shall lay a copy of any such direction before each House of Parliament.'.
Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
43
Clause 3, page 2, line 31, at end insert—
'(1A) For the purposes of subsection (2), "licensable conduct" includes only conduct which is carried out in return for payment.'.
Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
44
Clause 3, page 2, line 31, at end insert—
'(1A) For the purposes of subsection (2), "licensable conduct" includes only conduct which is carried out in return for payment in excess of such amount as may be specified by order made by the Secretary of State.'.
Mr Simon Hughes
Mr Ronnie Fearn
20
Clause 3, page 2, line 40, leave out from 'activities' to end of line 42.
Mr Simon Hughes
Mr Ronnie Fearn
21
Clause 3, page 2, line 42, at end insert 'or as required for the purpose of, or in connection with, any contract he has with his employer.'.
Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
39
Clause 3, page 4, line 13, leave out subsection (6) and insert—
'(6) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both.'.
Mr Simon Hughes
Mr Ronnie Fearn
22
Clause 4, page 4, line 34, leave out 'or, as the case may be,' and insert 'and'.
Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
45
Clause 4, page 5, line 8, at end insert—
'(6) A person may apply, on notice to the Authority, to the magistrates' court having jurisdiction over the area affected by the designated activities, for an exemption from the requirement to apply for a licence; and the Lord Chancellor may make an order as to the procedure to be followed on such an application, including on urgent applications; and the test to be applied by the court is the same as that which would have been applied had an application been made to the authority.
(7) An exemption granted under subsection (6) shall not be granted for a period exceeding one month and shall not be renewable.'.
Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
34
Clause 7, page 6, line 26, at end insert—
'(2A) Before publishing or revising the document mentioned in subsection (1), the Authority shall consult—
(a) Persons whom it considers to represent the interests of the private security industry in England and Wales;
(b) Persons whom it considers to represent the interests of the police in England and Wales.'.
Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
35
Clause 7, page 6, line 28, leave out paragraph (a).
Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
36
Clause 7, page 6, line 31, leave out paragraph (b).
Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
37
Clause 7, page 6, line 34, leave out paragraph (c)
Mr Simon Hughes
Mr Ronnie Fearn
23
Clause 7, page 6, line 44, leave out 'the Secretary of State has approved them' and insert 'an order containing such criteria in draft form has been laid before Parliament and approved by resolution of each House.'.
Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
38
Clause 7, page 7, line 4, at end insert—
'(7) In determining in accordance with the criteria set out for the time being under subsection (3)(a) whether or not a person is a fit and proper person to engage in licensable conduct, the Authority shall have regard to any representations which may be made to it; and if the Authority proposes to refuse an application on the grounds that the applicant is not a fit and proper person to hold a licence, it shall give the applicant an opportunity to respond prior to the refusal.'.
Mr Bruce George
13
Clause 8, page 7, line 33, leave out 'applicant' and insert 'relevant person'.
Mr Bruce George
14
Clause 8, page 7, line 34, at end insert—
'(7A) For the purposes of subsection (7) above a relevant person is—
(a) the employer, where an applicant is an individual who in the course of his employment with the employers carries out designated activities;
(b) the applicant, in all other cases.'.
Mr Bruce George
3
Clause 9, page 7, leave out lines 42 to 44 and insert—
'(1) The Secretary of State shall prescribe conditions on which a licence must be granted and the power of the Authority to impose additional conditions for such a licence and will prescribe or impose'.
Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
47
Clause 9, page 8, line 6, at end insert—
'(ba) conditions containing requirements for the licensee to make himself easily and clearly identifiable to members of the public as a licensed security operative.'.
Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
46
Clause 9, page 8, line 8, after 'licence', insert 'and any other appropriate documentation'.
Mr Bruce George
4
Clause 9, page 8, line 28, at end insert—
'(6) The Secretary of State and the Authority shall take into account mandatory and other conditions set in member states of the European Union in prescribing the conditions under subsection (1).
(7) The Secretary of State and the Authority shall ensure that in establishing the conditions specified under subsection (1) a licence holder will not be disadvantaged by reason of the prescribed conditions in seeking to gain recognition in another member state of the European Union.'.
Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
28
Clause 12, page 9, line 40, after 'requirements', insert '(and which is not his usual residential address)'.
Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
29
Clause 13, page 10, line 38, after 'Authority', insert 'and the local authorities for the areas specified in the order'.
Mr Bruce George
5
Clause 17, page 13, line 27, leave out 'may' and insert 'shall'.
Mr Charles Clarke
1
Clause 26, page 19, line 20, leave out subsection (5).
NEW CLAUSE
Offence of impersonating a licensed security operative and/or approved contractor
Mr Bruce George
NC1
To move the following Clause:—
'(1) A person is guilty of an offence if he displays or has in his possession any badge, card or authority which gives the impression that it is a licence or approval issued under the Act.
(2) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.'.
Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
30
Schedule 1, page 20, line 5, after 'members', insert '(being at least five but not more than fifteen)'.
Mr Bruce George
6
Schedule 1, page 20, line 10, at end insert—
'(4) In making appointments to the Authority the Secretary of State shall have due regard to the desirability of ensuring the Authority includes persons representative of, or who have experience of
(a) the private security industry,
(c) the employees' interest,
(d) the insurance industry,
(e) the consumers' interest,
and that no single interest will predominate.'.
