Crime and Security Bill

House of Commons

Session 2009 - 10
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Other Bills before Parliament

Crime and Security Bill

Crime and Security Bill
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Private security industry
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Extension of licensing scheme
(1)
The Private Security Industry Act 2001 is amended as follows.
(2)
After section 4 there is inserted—
“Licensing of businesses etc
5
4A
Requirement to licence businesses etc
(1)
Subject to the following provisions of this Act, it shall be an offence for
any person to engage in any conduct licensable under this section
except under and in accordance with a licence under this section.
(2)
For the purposes of this Act a person engages in conduct licensable
10
under this section if the person carries out—
(a)
any activities to which paragraph 3 of Schedule 2 applies
(immobilisation of vehicles);
(b)
any activities to which paragraph 3A of Schedule 2 applies
(restriction and removal of vehicles); or
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(c)
such other activities of a security operative as are for the time
being designated for the purposes of this section by an order
made by the Secretary of State.
(3)
In the application of this section to Scotland—
(a)
the reference in subsection (2)(c) to the Secretary of State must
20
be construed as a reference to the Scottish Ministers; but
(b)
before making any order under subsection (2)(c) the Scottish
Ministers are to consult the Secretary of State.
(4)
Where an individual carries out an activity referred to in subsection (2)
on behalf of another person—
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(a)
the individual is not to be regarded as carrying out the activity
for the purposes of this section (and other provisions of this Act
so far as relating to this section), and
(b)
the other person is to be regarded as carrying out the activity for
those purposes (subject to subsection (7)(a)).
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(5)
For the purposes of subsection (4), an individual carries out an activity
on behalf of another in particular if—
(a)
the individual is, and is acting as, that person’s employee,
(b)
the other person is a body corporate and the individual is, and
is acting as, a director, manager, secretary or other similar
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officer of the body,
(c)
the other person is a Scottish partnership and the individual is,
and is acting as, a partner of the partnership, or
(d)
the other person is an unincorporated association and the
individual is, and is acting as, a member of the association,
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but an individual does not carry out an activity on behalf of another for
those purposes if he is acting pursuant to a contract for the supply of
services with that person.
(6)
Subsection (7) applies where—

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(a)
pursuant to a contract for the supply of services, a person (“the
main contractor”) is or may be required to secure that an activity
referred to in subsection (2) is carried out, and
(b)
pursuant to a further contract for the supply of services the
main contractor secures the carrying out of the activities by
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another person (“the sub-contractor”).
(7)
In a case where this subsection applies—
(a)
if the sub-contractor is an individual, the sub-contractor is not
to be regarded as carrying out the activities;
(b)
the main contractor is to be regarded as carrying out the
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activities, whether or not the sub-contractor is also regarded as
carrying out the activities.
(8)
A person guilty of an offence under this section shall be liable—
(a)
on summary conviction, to imprisonment for a term not
exceeding twelve months or to a fine not exceeding the
15
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.
(9)
In the application of this section—
(a)
in England and Wales, in relation to an offence committed
20
before the commencement of section 154(1) of the Criminal
Justice Act 2003, or
(b)
in Northern Ireland,

the reference in subsection (8)(a) to twelve months is to be read as a
reference to six months.
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4B
Exemptions from requirement to licence businesses etc
(1)
If—
(a)
it appears to the Secretary of State that there are circumstances
in which conduct licensable under section 4A is engaged in only
by persons to whom suitable alternative arrangements will
30
apply, and
(b)
the Secretary of State is satisfied that, as a consequence, it is
unnecessary for persons engaging in any such conduct in those
circumstances to be required to be licensed under that section,

the Secretary of State may by regulations prescribing those
35
circumstances provide that a person shall not be guilty of an offence
under section 4A in respect of any conduct engaged in by that person
in those circumstances.
(2)
In subsection (1)(a), the reference to suitable alternative arrangements
is a reference to arrangements that the Secretary of State is satisfied are
40
equivalent, for all practical purposes so far as the protection of the
public is concerned, to those applying to persons applying for and
granted licences under section 4A.”
(3)
In section 6 (offence of using unlicensed wheel-clampers), after subsection (1)
there is inserted—
45
“(1A)
A person who is an occupier of any premises is guilty of an offence if—

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(a)
another person carries out, in relation to vehicles on those
premises, any activities to which paragraph 3 or 3A of Schedule
2 applies;
(b)
the carrying out of those activities involves that other person
engaging in conduct licensable under section 4A in respect of
5
which he is not the holder of a licence under that section; and
(c)
those activities are carried out with the permission of that
occupier or for the purposes of, or in connection with, any
contract for the supply of services to him.”
(4)
In section 9 (licence conditions), after subsection (2) there is inserted—
10
“(2A)
The conditions that may be prescribed or imposed in relation to any
description of licence under section 4A include conditions requiring the
person to whom the licence is granted to be a member of a nominated
body or scheme.
(2B)
In subsection (2A) “nominated body or scheme” means such body or
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scheme as is for the time being nominated for the purposes of that
subsection by the Authority with the approval of the Secretary of State
(and different bodies or schemes may be appointed in relation to
different descriptions of licence).
(2C)
The Secretary of State must consult the Scottish Ministers before
20
approving a nomination under subsection (2B) affecting persons
carrying out activities in Scotland.”
(5)
In section 19 (powers of entry and inspection), in subsection (1)—
(a)
after “enter” there is inserted “(a)”;
(b)
at the end there is inserted “; and
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(b)
any premises which appear to him to be premises on
which a person engages in conduct licensable under
section 4A, other than premises occupied exclusively for
residential purposes as a private dwelling.”
(6)
In section 23 (criminal liability of directors etc), at the end there is inserted—
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“(3)
Where an offence under any provision of this Act is committed by an
unincorporated association and is proved to have been committed with
the consent or connivance of, or to be attributable to any neglect on the
part of—
(a)
in the case of an unincorporated association which is a
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partnership, a partner or a person purporting to be a partner,
(b)
in the case of any other unincorporated association, an officer of
the association or any member of its governing body or a person
purporting to act in any such capacity,

he (as well as the association) shall be guilty of that offence and liable
40
to be proceeded against and punished accordingly.”
(7)
In section 25 (interpretation), after subsection (1) there is inserted—
“(1A)
References in this Act to an unincorporated association include a
partnership which is not regarded as a legal person under the law of the
country or territory under which it is formed; and references to a
45
member of an unincorporated association are to be construed, in
relation to such a partnership, as references to a partner.”

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(8)
The Schedule to this Act (which makes minor and consequential amendments
to the Private Security Industry Act 2001) is part of this section.
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Extension of approval scheme
(1)
The Private Security Industry Act 2001 is amended as follows.
(2)
For the italic heading before section 14 (“Approved contractors”) there is
5
substituted “Approval scheme”.
(3)
In section 14 (register of approved contractors)—
(a)
in the heading, for “contractors” there is substituted “persons”;
(b)
in subsection (1), for “approved providers of security industry services”
there is substituted “approved persons undertaking security activities”;
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(c)
after that subsection there is inserted—
“(1A)
For the purposes of this section, the following undertake
security activities—
(a)
a person providing security industry services; and
(b)
a person who employs an individual to carry out the
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activities of a security operative on his behalf.”;
(d)
in subsection (3)(c), after “services” there is inserted “or activities”.
(4)
In section 15 (arrangements for the grant of approvals), for subsection (1) there
is substituted—
“(1)
It shall be the duty of the Authority to secure that there are
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arrangements in force for granting approvals to persons to whom this
section applies.
(1A)
This section applies to—
(a)
a person who provides security industry services and seeks
approval in respect of any such services that he is providing or
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proposes to provide; and
(b)
a person who employs an individual to carry out the activities
of a security operative on his behalf and seeks approval in
respect of those activities or other such activities that he
proposes to employ an individual to carry out.”
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(5)
In that section, in subsection (2)—
(a)
in paragraphs (a) and (b), after “services” there is inserted “or
activities”;
(b)
in paragraph (c), after “services” there is inserted “or carrying out of the
activities”.
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(6)
In that section, in subsection (3)—
(a)
in paragraph (a), after “services” there is inserted “or securing the
carrying out of the activities”;
(b)
in paragraph (d), at the end there is inserted “or activities”.
(7)
In section 16 (right to use approved status)—
40
(a)
in subsection (1) the words “as an approved provider of security
industry services” are repealed;
(b)
in subsection (2)(a), the words “as an approved provider of any security
industry services” are repealed.

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(8)
In section 17 (imposition of requirements for approval), in subsection (1)—
(a)
after “provide that” there is inserted “(a)”;
(b)
at the end there is inserted “; and
(b)
persons of prescribed descriptions are to be prohibited
from securing that activities of a security operative are
5
carried out on their behalf by an employee unless they
are for the time being approved in respect of those
activities in accordance with arrangements under
section 15.”
(9)
In that section, in subsection (3)—
10
(a)
in paragraph (a), after “services” there is inserted “or activities”;
(b)
in paragraph (b), after “services” there is inserted “or employing an
individual to carry out those activities”;
(c)
after “in respect of those services” there is inserted “or activities”.
(10)
In that section, in subsection (5)—
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(a)
after “any services” there is inserted “or activities”;
(b)
in paragraph (a), after “those services” there is inserted “or the carrying
out of those activities”.
Prison security
41
Offence of possessing mobile telephone in prison
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In the Prison Act 1952, in section 40D (other offences relating to prison
security), after subsection (3) there is inserted—
“(3A)
A person who, without authorisation, is in possession of a mobile
telephone inside a prison is guilty of an offence.
(3B)
The reference in subsection (3A) to a mobile telephone includes—
25
(a)
a component part of a mobile telephone, or
(b)
an article designed or adapted for use with a mobile telephone.”
Air weapons
42
Offence of allowing minors access to air weapons
(1)
The Firearms Act 1968 is amended as follows.
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(2)
After section 24 there is inserted—
“24ZA
Failing to prevent minors from having air weapons
(1)
It is an offence for a person in possession of an air weapon to fail to take
reasonable precautions to prevent any person under the age of eighteen
from having the weapon with him.
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(2)
Subsection (1) does not apply where by virtue of section 23 of this Act
the person under the age of eighteen is not prohibited from having the
weapon with him.
(3)
In proceedings for an offence under subsection (1) it is a defence to
show that the person charged with the offence—
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Crime and Security Bill
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(a)
believed the other person to be aged eighteen or over; and
(b)
had reasonable ground for that belief.
(4)
For the purposes of this section a person shall be taken to have shown
the matters specified in subsection (3) if—
(a)
sufficient evidence of those matters is adduced to raise an issue
5
with respect to them; and
(b)
the contrary is not proved beyond a reasonable doubt.”
(3)
In section 57 (interpretation), in subsection (3) (offences relating to air
weapons), for “and 24(4)” there is substituted “, 24(4) and 24ZA(1)”.
(4)
In the table in Part 1 of Schedule 6 (prosecution and punishment of offences),
10
after the entry for section 24(4), there is inserted—

“Section
Failing to
Summary
A fine of level
Paragraphs 7

24ZA(1)
prevent

3 on the
and 8 of Part

minors from

standard
II of this

having air

scale.
Schedule

15

weapons

apply.”

(5)
In Part 2 of Schedule 6 (supplementary provisions as to trial and punishment
of offences), in paragraphs 7 and 8 (forfeiture and disposal of firearms), for “or
24(4)” there is substituted “, 24(4) or 24ZA(1)”.
Final
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Financial provisions
The following are to be paid out of money provided by Parliament—
(a)
expenditure incurred by the Secretary of State by virtue of this Act;
(b)
any increase attributable to this Act in the sums payable under any other Act
out of money so provided.
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44
Extent
(1)
Section 1 (police powers: stop and search) extends to England and Wales only.
(2)
Sections 2 to 7 (taking fingerprints and samples: England and Wales) extend to
England and Wales only, except that section 5(2) extends also to Northern
Ireland.
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(3)
Sections 8 to 13 (taking fingerprints and samples: Northern Ireland) extend to
Northern Ireland only, except that section 11(2) extends also to England and
Wales.
(4)
Section 14 (material subject to the Police and Criminal Evidence Act 1984)
extends to England and Wales only.
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(5)
Section 15 (material subject to the Police and Criminal Evidence (Northern
Ireland) Order 1989) extends to Northern Ireland only.
(6)
Section 16 (material subject to the Terrorism Act 2000) extends to England and
Wales, Scotland and Northern Ireland.

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(7)
Section 17 (material subject to the International Criminal Court Act 2001)
extends to England and Wales and Northern Ireland only.
(8)
Sections 18 to 20 (further provision relating to the retention, destruction and
use of fingerprints and samples etc) extend to England and Wales, Scotland
and Northern Ireland.
5
(9)
Sections 21 to 38 (domestic violence, gang-related violence and anti-social
behaviour orders) extend to England and Wales only.
(10)
Sections 39 and 40 (private security industry) extend to England and Wales,
Scotland and Northern Ireland.
(11)
Section 41 (prison security) extends to England and Wales only.
10
(12)
Section 42 (air weapons) extends to England and Wales and Scotland only.
(13)
Sections 43 to 46 (final) extend to England and Wales, Scotland and Northern
Ireland.
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Commencement
(1)
The provisions of this Act come into force on such day as the Secretary of State
15
may by order appoint, subject to subsections (2) and (3).
(2)
The following provisions come into force on the day on which this Act is
passed—
(a)
section 30 (pilot schemes relating to domestic violence provisions);
(b)
sections 43 to 46 (final).
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(3)
Sections 39 and 40 (private security industry) come into force, so far as
extending to Scotland, on such day as the Scottish Ministers may by order
appoint after consulting the Secretary of State.
(4)
An order made by the Secretary of State under subsection (1) may—
(a)
appoint different days for different purposes;
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(b)
make transitional provision and savings;
(c)
appoint different days in relation to different areas in respect of any of
the following—
(i)
section 1 (records of searches);
(ii)
sections 21 to 29 (domestic violence);
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(iii)
sections 31 to 36 (gang-related violence).
(5)
An order made by the Scottish Ministers under subsection (3) may—
(a)
appoint different days for different purposes;
(b)
make transitional provision and savings.
(6)
An order under this section is to be made by statutory instrument.
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46
Short title
This Act may be cited as the Crime and Security Act 2010.