|Private Security Industry Bill [Hl] - continued||House of Commons|
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Clause 16: Right to use approved status
54. Subsection (1) allows the Authority to approve the way in which contractors registered under clause 14 may advertise themselves as approved. (In practice, it is expected that they will be able to show a designated mark or logo on their stationery, in their advertising, etc.) Subsection (2) makes it an offence to claim approved status when this has not been awarded, or to misrepresent the terms under which it has been awarded. Subsection (3) sets out the penalty for the offence created by subsection (2). The penalty is, on conviction in a magistrates' court, a fine not exceeding the statutory maximum or, on conviction on indictment, a fine. Subsection (4) ensures that a person cannot evade the offence by holding himself out as approved without claiming to be on the register.
Clause 17: Imposition of requirements for approval
55. Subsection (1) empowers the Secretary of State to provide, by regulations, that only approved contractors may provide specified security services. This might be done in relation to any specified activities. Regulations made under this subsection would thereby turn the voluntary approved suppliers scheme into a compulsory one.
56. Subsection (2) makes it an offence to contravene any prohibition imposed
by regulations under subsection (1). The effect of this is that, if the voluntary approved contractors scheme is ever made compulsory, it will be an offence to provide specified security services without being an approved contractor. Subsection (3) makes it an offence for a person who has approved contractor status to contravene any conditions attached to the approval. The penalty is set out in subsection (4).
57. Subsection (5) allows the Secretary of State, under the compulsory scheme, to build into individual approvals conditions about the handling of complaints against the relevant firm, and more generally relating to the arrangements relating to the introduction of the compulsory scheme.
Clause 18: Appeals relating to approval
58. Subsection (1) provides
an avenue of appeal to the appropriate magistrates' court against a
decision of the Authority to refuse to grant approved contractor status,
a decision to modify or withdraw approved contractor status or a decision
to include conditions as part of an approval. Either the Authority or
the original appellant may bring a further appeal to the Crown Court
against the decision of the magistrates' court (subsection (4)).
The appropriate magistrates' court in which any appeal is to be launched
is, by virtue of subsection (3), the court for the petty sessions
area for the address in respect of which the appellant is or would be
recorded in the register of approved contractors created by Clause 14.
Appeals must be brought within 21 days of notification of the Authority's
decision (subsection (2)). Subsection (5) provides that,
where renewal of approved contractor status is refused or approval is
withdrawn, the approval shall nonetheless remain in force for specified
periods of time relating to the lodging, deciding and effect of the
Clauses 19 - 22 relate to the Authority's powers of entry and inspection, and to its ability to demand the production of information.
Clause 19: Powers of entry and inspection
59. Subsection (1) enables a person who is authorised by the Authority to enter premises owned or occupied by a regulated person (as defined by subsection(8)), other than premises occupied exclusively for residential purposes as a private dwelling. Subsection (2) requires the regulated person to produce documents or information in connection with matters which are subject to regulation under the Bill, i.e. licensable conduct, the provision of security services, and any conditions attaching to approved contractor status under a compulsory scheme.
60. Subsection (3) requires the person exercising powers of entry under subsection (1) to do so only at reasonable times. Subsection (4) imposes certain requirements upon the person exercising the right of inspection, relating to stating the purpose of the inspection, evidence of identity and authorisation, and making a record of the inspection and giving a copy of the record to any person on the premises at the time of the inspection, if requested to do so.
61. Subsection (5) makes it an offence:
62. Subsection (6) allows a person exercising authority under subsection (5) to disclose information obtained under that authority only for the purposes of the Authority's carrying out its functions, or for any criminal proceedings. Subsection (7) sets out the penalty for an offence under this clause.
63. Subsection (8) defines a regulated person as:
Clause 20: Guidance as to exercise of power of entry
64. Subsection (1) requires the Authority to prepare and publish guidance about the manner in which persons authorised with the power of entry and inspection under Clause 19 should exercise it and the manner in which they should conduct themselves. Subsections (2) and (3) allow the Authority to revise the guidance from time to time, and require it to publish both the initial guidance and any revisions to it in a way which will bring it to the attention of those affected by it.
Clause 21: Access to enhanced criminal record certificates
65. This clause amends the Police Act 1997 to permit the Authority to obtain an
enhanced criminal record certificate for anyone applying to it to be licensed as a door supervisor.
|© Parliamentary copyright 2001||Prepared: 19 March 2001|