Licensing of Child Location Services Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Licensing of Child Location Services Bill

Licensing of Child Location Services Bill

Contents

1

Provision of location based services

2

Duration of licence

3

Subject matter of the licence

4

Penalties

5

Interpretation

6

Regulations and orders

7

Expenses

8

Short title, commencement and extent

Bill 144

54/1

Licensing of Child Location Services Bill

1

A

Bill

To

establish a licensing regime for the sale or promotion of any service providing

data on the location of children where these data have been derived from any

mobile telephone network, satellite system or other electronic or

communications medium.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1

Provision of location based services

(1)

Owners of electronic communications networks which provide information on

the past or present whereabouts of any legal minor shall, where that

information is derived from or supplied through any electronic

communications network, be required to obtain a licence to offer such services.

5

(2)

The licence referred to in subsection (1) shall be granted on such terms as may

be determined by the Secretary of State and in a manner to be prescribed by

regulations.

2

Duration of licence

Any license issued under the terms of section 1 shall be for a period to be

10

determined by the Secretary of State but that period shall not, on the first

application, exceed five years.

3

Subject matter of the licence

In determining whether or not to grant a licence under this Act, and in making

regulations pursuant to this Act, the Secretary of State shall have regard to the

15

need to ensure that the owners of the electronic communications networks

referred to in section 1—

(a)

are fit and proper persons to hold a licence and are not the subject of

any restriction on their employment as company directors or subject to

any judicial or other orders limiting or restricting their ability to work

20

with children;

Bill 144 54/1

Licensing of Child Location Services Bill

2

(b)

have put in place, and maintain, appropriate security systems to

guarantee the integrity of their network;

(c)

have put in place appropriate arrangements to maintain the integrity of

their service in the event of a systems failure;

(d)

have put in place, and maintain, a suitable system for verifying that any

5

person wishing to place a child on a tracking service has legal authority

to do so or has been given such authority by the parent or guardian of

the child;

(e)

have put in place a suitable system to verify that the child that is to be

the subject of a location service has consented to be tracked or, where

10

the child is unable to give informed consent, that the child's parent or

legal guardian has given his consent on behalf of the child;

(f)

have put in place appropriate arrangements to ensure that any child

capable of giving informed consent is able to withdraw his consent

with the minimum of difficulty.

15

4

Penalties

(1)

It shall be an offence for any owner of an electronic communications network

to provide or seek to provide any location-based service in respect of children

without a licence obtained in the manner prescribed in this Act.

(2)

It shall be an offence for any owner of an electronic communications network

20

to provide or seek to provide any location-based service in respect of children

in any way which is in breach of the terms of the licence.

(3)

An owner of an electronic communications network found guilty of an offence

under this Act is liable on summary conviction to a fine not exceeding the

statutory maximum.

25

5

Interpretation

In this Act—

“electronic communications networks” has the meaning given by section

32 of the Communications Act 2003 (c. 21);

“prescribed” means prescribed in regulations made by the Secretary of

30

State.

6

Regulations and orders

(1)

The power of the Secretary of State to make regulations under this Act is

exercisable by statutory instrument.

(2)

Any regulations made under this Act shall be laid before Parliament after

35

being made and are subject to annulment in pursuance of a resolution of either

House of Parliament.

(3)

The power conferred by this Act on the Secretary of State to make regulations

includes power—

(a)

to make different provision for different cases;

40

(b)

to make provision subject to such exemptions and exceptions as the

Secretary of State thinks fit; and

(c)

to make such incidental, supplemental and consequential provision as

the Secretary of State thinks fit.

Licensing of Child Location Services Bill

3

7

Expenses

There shall be paid out of money provided by Parliament any expenditure incurred by

the Secretary of State for or in connection with the carrying out of any functions under

this Act.

8

Short title, commencement and extent

5

(1)

This Act may be cited as the Licensing of Child Location Services Act 2006.

(2)

This Act (apart from this section) shall come into force on such day as the

Secretary of State may by order appoint.

(3)

This Act extends to Northern Ireland.