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establish
a licensing regime for the sale or promotion of any service providing
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data on the location of children
where these data have been derived from any |
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mobile telephone network,
satellite system or other electronic or |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Provision
of location based services |
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(1) |
Owners of electronic communications
networks which provide information on |
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the past or present whereabouts
of any legal minor shall, where that |
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information is derived from
or supplied through any electronic |
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communications network, be
required to obtain a licence to offer such services. |
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(2) |
The licence referred to
in subsection (1) shall be granted on such terms as may |
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be determined by the Secretary
of State and in a manner to be prescribed by |
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Any license issued under
the terms of section 1
shall be for a period to be |
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10 |
determined by the Secretary
of State but that period shall not, on the first |
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application, exceed five
years. |
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3 |
Subject
matter of the licence |
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In determining whether or
not to grant a licence under this Act, and in making |
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regulations pursuant to this
Act, the Secretary of State shall have regard to the |
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need to ensure that the owners
of the electronic communications networks |
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referred to in section 1— |
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(a) |
are fit and proper persons
to hold a licence and are not the subject of |
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any restriction on their employment
as company directors or subject to |
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any judicial or other orders
limiting or restricting their ability to work |
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20 |
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(b) |
have
put in place, and maintain, appropriate security systems to |
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guarantee the integrity of
their network; |
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(c) |
have put in place appropriate
arrangements to maintain the integrity of |
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their service in the event
of a systems failure; |
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(d) |
have put in place, and maintain,
a suitable system for verifying that any |
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person wishing to place a
child on a tracking service has legal authority |
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to do so or has been given
such authority by the parent or guardian of |
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(e) |
have put in place a suitable
system to verify that the child that is to be |
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the subject of a location
service has consented to be tracked or, where |
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the child is unable to give
informed consent, that the child's parent or |
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legal guardian has given his
consent on behalf of the child; |
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(f) |
have put in place appropriate
arrangements to ensure that any child |
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capable of giving informed
consent is able to withdraw his consent |
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with the minimum of difficulty. |
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(1) |
It shall be an offence for
any owner of an electronic communications network |
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to provide or seek to provide
any location-based service in respect of children |
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without a licence obtained
in the manner prescribed in this Act. |
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(2) |
It shall be an offence for
any owner of an electronic communications network |
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to provide or seek to provide
any location-based service in respect of children |
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in any way which is in breach
of the terms of the licence. |
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(3) |
An owner of an electronic
communications network found guilty of an offence |
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under this Act is liable
on summary conviction to a fine not exceeding the |
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25 |
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“electronic communications
networks” has the meaning given by section |
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32 of the Communications
Act 2003 (c. 21); |
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“prescribed”
means prescribed in regulations made by the Secretary of |
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(1) |
The power of the Secretary
of State to make regulations under this Act is |
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exercisable by statutory
instrument. |
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(2) |
Any regulations made under
this Act shall be laid before Parliament after |
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being made and are subject
to annulment in pursuance of a resolution of either |
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(3) |
The power conferred by this
Act on the Secretary of State to make regulations |
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(a) |
to make different provision
for different cases; |
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(b) |
to make provision subject
to such exemptions and exceptions as the |
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Secretary of State thinks
fit; and |
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(c) |
to make such incidental,
supplemental and consequential provision as |
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the Secretary of State thinks
fit. |
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