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S.C.B.
Amendment Paper as at
Thursday 26th April 2001
STANDING COMMITTEE B
New Amendments handed in are marked thus *
PRIVATE SECURITY INDUSTRY BILL [LORDS]
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 Simon Hughes
Mr Ronnie Fearn
49
*Clause 15, page 11, line 26, leave out subsection (1) and insert—
'It shall be the duty of the Authority to secure that there are arrangements in force for granting approvals to persons who are providing security industry services in England and Wales.'.
Mr Simon Hughes
Mr Ronnie Fearn
48
*Clause 15, page 11, line 27, leave out from 'who' to end of line 30 and insert—
'(a) are providing security industry services in England and Wales and seek approval in respect of any such services that they are providing, or are proposing to provide; or
(b) are providing security industry services in England and Wales and are deemed to be acting as a public authority under the Human Rights Act 1998.'.
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.'.
Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson
31
Schedule 1, page 20, line 10, at end insert—
'(4) (a) At least one of the members appointed by the Secretary of State shall be a person whom the Secretary of State considers to represent the interests of the police in England and Wales; and
(b) At least one of the members appointed by the Secretary of State shall be a person whom the Secretary of State considers to represent the interests of the private security industry in England and Wales.'.
Mr Bruce George
10
Schedule 1, page 20, line 14, leave out 'five' and insert 'three'.
Mr Bruce George
26
Schedule 1, page 21, line 26, at end insert—
'(c) powers to appoint directly members of its staff to be inspectors for such period and subject to such terms and conditions as the authority may determine.'.
Mr Bruce George
24
Schedule 1, page 22, line 15, at end insert—
'(2A) The Authority shall establish a liaison committee with representatives from government departments and other public bodies who mandate standards for the private security industry for the purpose of developing common standards.'.
Mr Bruce George
25
Schedule 1, page 22, line 30, at end insert—
'Complaints committee
9A(1) The Authority shall establish a complaints committee, which may hold hearings relating to complaints.
(2) Any person may make a complaint in writing to the complaints committee against a licensed security operative and/or approved contractor.
(3) On receipt of such a complaint the complaints committee, if satisfied that the complainant has a personal interest in the subject matter of the complaint and that the complaint is made in good faith and is not frivolous or vexatious, shall investigate it, giving opportunities for the security operative and/or approved contractor to be heard in the investigation.
(4) On completion of the investigation—
(a) the complaints committee may decide not to uphold the complaint, or
(b) if satisfied on the reasonable grounds that the security operative and/or approved contractor—
(i) has been found guilty of misconduct in the course of providing a security service, or
(ii) has contravened any provision of this Act or regulations thereunder (whether or not there has been a conviction for an offence in relation to the contravention),
may take whichever of the actions specified in sub-paragraph (5), in relation to the security operative and/or approved contractor is in its opinion appropriate in the circumstances of the case.
(5) The actions which may be taken by the Authority referred to in sub-paragraph (4) include—
(a) revocation of the licence or approved contractor status;
(b) suspension of licence or approved contractor status for a specified period;
(6) The Authority shall notify the complaintant and security operative and/or approved contractor of any action to be taken under sub-paragraph (4).
(7) An appeal against the decision of the complaints committee may be made to the Board of the Authority and must be brought within twenty-one days beginning with the day on which the decision appealed against was first notified to the appellant.'.
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