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Amendment Paper as at
Tuesday 8th May 2001

CONSIDERATION OF BILL


PRIVATE SECURITY INDUSTRY BILL [LORDS], AS AMENDED

NEW CLAUSES

Regulation of IT security consultants to be subject to parliamentary approval

   

Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson

NC1

To move the following Clause:—

       'An order under section 3(3) which designates for the purposes of section 3 any activities of a security operative of the type specified in paragraph 5 of Schedule 2 which relate to the security of information which is held in electronic form shall not be made unless a draft of the order has been laid before, and approved by, a resolution of each House of Parliament.'.


Annual report to be laid before Parliament

   

Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson

NC2

To move the following Clause:—

       'The Secretary of State shall lay an annual report on the working of this Act before each House of Parliament.'.


Power to prohibit a peson providing security services

   

Mr Bruce George

NC3

To move the following Clause:—

    '( )   The Authority may, for activities not liable to control, prohibit a person from providing security services if they are deemed not to be a fit and proper person and it is in the public interest that they should not provide security services.'.


Complaints

   

Mr Bruce George

NC4

To move the following Clause:—

    '( )   Any person who has cause to complain of the conduct of a private security operative or approved contractor may lodge a written complaint to the Authority on the following grounds:

    (a)   that an operative or approved contractor has been convicted of a crime;

    (b)   that an operative or approved contractor has breached a provision of this Act or any regulations made under this Act;

    (c)   that an operative or approved contractor has been guilty of negligence or misconduct in the course to which the operative or approved contractor is licensed or approved;

    (d)   that the operative or approved contractor has breached the provisions of a code of conduct published by the Authority.'.


Regulation harmonisation committee

   

Mr Bruce George

NC5

To move the following Clause:—

       'The Authority shall establish a regulation harmonisation committee with representatives from government departments and other relevant bodies for the purpose of developing and harmonising security standards.'.


   

Mr Simon Hughes
Jackie Ballard
Bob Russell
Mr John Burnett
Mr Ronnie Fearn
Mr Paul Tyler

5

Page     2,     line     42     [Clause     3],     at end insert 'or as required for the purpose of, or in connection with, any contract he has with his employer.'.


   

Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson

3

Page     3,     line     51     [Clause     3],     at end insert—

    '(3A)   Before making an order under subsection (3) which designates any of the activities specified in paragraph 5 of Schedule 2, which relate to the security of information which is held in electronic form, the Secretary of State shall lay a certificate before each House of Parliament stating that in his opinion the order complies with the provisions of European Directive 2000/31/EC (on certain legal aspects of information society services, in particular electronic commerce, in the internal market).'.


   

Mr Simon Hughes
Jackie Ballard
Bob Russell
Mr John Burnett
Mr Ronnie Fearn
Mr Paul Tyler

6

Page     6,     line     44     [Clause     7],     leave out 'the Secretary of State has approved them' and insert 'an order containing such criteria in draft form has been laid before, and approved by resolution of, each House of Parliament.'.


   

Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson

4

Page     9,     line     42     [Clause     12],     at end insert—

    '(3A)   (a) The Authority may, at the request of any person who holds a licence, remove the particulars specified in subsection (3)(b) from any copy of the register which is available for inspection by members of the public under subsection (4) if the following condition is satisfied.

    (b)   The condition is that the Authority is satisfied that the availability for inspection by members of the public of particulars of the person's usual residential address creates, or (if the Authority were not to comply with the request) would be likely to create, a serious risk that he or a person who lives with him will be subjected to violence or intimidation.

    (c)   Nothing in this subsection shall be interpreted as allowing any person not to provide the Authority with any of the particulars required by subsection (3).'.


   

Mr Simon Hughes
Jackie Ballard
Bob Russell
Mr John Burnett
Mr Ronnie Fearn
Mr Paul Tyler

7

Page     11,     line     28     [Clause     15],     leave out paragraphs (a) and (b) 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 Simon Hughes
Jackie Ballard
Bob Russell
Mr John Burnett
Mr Ronnie Fearn
Mr Paul Tyler

8

Page     15,     line     18     [Clause     19],     at end insert—

    '(3A)   A person exercising the power conferred by subsection (1) shall do so reasonably only in the course of his duty and only as part of a series of routine checks or as a result of reasonable suspicion of breach of regulations or commission of an offence under any provision of this Act.'.


   

Mr Simon Hughes
Jackie Ballard
Bob Russell
Mr John Burnett
Mr Ronnie Fearn
Mr Paul Tyler

9

Page     16,     line     23     [Clause     20],     at end insert—

    '(4)   No document shall be published under subsection (1) or (2) unless a draft of the document has been laid before, and approved by resolution of, each House of Parliament.'.


   

Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson

1

Page     17,     line     18     [Clause     24],     at beginning insert 'Subject to section (Regulation of IT security consultants to be subject to parliamentary approval),'.


   

Mr Simon Hughes
Jackie Ballard
Bob Russell
Mr John Burnett
Mr Ronnie Fearn
Mr Paul Tyler

10

Page     24,     line     6     [Schedule     1],     at end insert—

    '(1A)   Any such report shall include details on the progress of implementing this Act and all new secondary legislation and guidance passed under this Act.'.


   

Mr Simon Hughes
Jackie Ballard
Bob Russell
Mr John Burnett
Mr Ronnie Fearn
Mr Paul Tyler

11

Page     27,     line     8     [Schedule     2],     leave out 'purposes of any accountancy practice' and insert 'sole purposes of accountancy activities'.


   

Mr Simon Hughes
Jackie Ballard
Bob Russell
Mr John Burnett
Mr Ronnie Fearn
Mr Paul Tyler

12

Page     28,     line     9     [Schedule     2],     leave out 'purposes of any accountancy practice' and insert 'sole purposes of accountancy activities.'.

   

Miss Ann Widdecombe
Mr Nick Hawkins
Mr John Bercow
Mr Keith Simpson

2

Page     28,     line     17     [Schedule     2],     at end insert—

    '(5)   This paragraph does not apply to the giving of advice in relation to the security of information which is held in electronic form.'.


 
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