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Amendments to the Private Security Industry Bill [H.L.]

Private Security Industry Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Revised Marshalled List of Amendments to the Private Security Industry Bill [H.L.] to be moved in Committee in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 1
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
1     Page 1, line 7, leave out ("Industry") and insert ("Activities") 
2     Page 1, line 12, after ("of") insert ("people employed wholly or predominately as") 
3     Page 1, line 19, after ("engaged") insert ("or suspected of being engaged") 
4     Page 1, line 22, leave out ("training") and insert ("skill") 
5     Page 2, line 4, after ("anything") insert (", except borrow money,") 
  
Clause 2
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
6     Page 2, line 23, at end insert--
 
    ("(  )  The Secretary of State shall lay a copy of any such direction before each House of Parliament.")
 
  
Clause 3
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
7     Page 2, line 29, leave out ("it shall be an offence for a person to") and insert ("a person shall not") 
8     Page 2, line 32, at end insert ("and requires a licence") 
9     Page 2, line 33, at end insert ("as a principle part of his employment--") 
10     Page 3, line 16, leave out ("in the course of their") and insert ("as a principle part of his") 
11     Page 3, line 28, leave out paragraph (f) 
  
BY THE LORD THOMAS OF GRESFORD
 
11A*     Page 3, line 45, at end insert ("; or
 
    (k) he is required in the course of his employment to engage in licensable conduct falling within paragraph (b)")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
12     Page 3, line 47, after ("operative") insert ("to which Schedule 2 to this Act applies") 
13     Page 3, line 50, at end insert--
 
    ("(  )  An order under subsection (3) shall not include any activities other than those set out in Schedule 2 to this Act.")
 
14     Page 3, line 50, at end insert--
 
    ("(  )  The Secretary of State shall not make an order under subsection (3) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.")
 
  
BY THE LORD THOMAS OF GRESFORD
 
14A*     Page 4, line 5, leave out from beginning to ("shall") and insert ("A person is guilty of an offence if he wilfully contravenes subsection (1) of this section and") 
  
Clause 4
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
15     Page 4, line 16, leave out ("3") and insert ("5") 
16     Page 4, line 29, leave out ("3") and insert ("5") 
17     Page 4, line 47, at end insert--
 
    ("(  )  A person shall not be guilty of an offence if he--
    (a)  carries out any of the activities prescribed by Schedule 2 to this Act without financial or other reward and he does so where he, and those for whom he so acts, perform such activities on a non commercial basis;
    (b)  is not ordinarily employed as a security operative or required, in the course of his employment, so to act; or
    (c)  is employed (whether remunerated or not) by a school, church or a registered charity.")
 
18     Page 4, line 47, at end insert--
 
    ("(6)  A person may apply, on notice to the Security Industry Authority, to the magistrates' court having jurisdiction over the area affected by the designated activities, for an exemption from the requirements to apply for a licence and the Lord Chancellor may make an order as to the procedure to be followed on such an application, including on urgent applications; and the test to be applied by the court is the same as that which would have been applied had an application been made to the Security Industry Authority.
 
    (7)  A licence under subsection (6) shall not be granted for a period exceeding one month and shall not be renewable.")
 
  
After Clause 5
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
19     Insert the following new Clause-- 
     ("  .--(1)  An individual, partnership or company which employs security operatives to which paragraph 8 of Schedule 2 to this Act applies (door supervisors, etc. for public houses and clubs and comparable venues) shall be liable (in contract and in tort) for the acts and omissions of those individuals.
 
    (2)  It shall be the duty of any such individual, partnership or company, to maintain, for public inspection, upon reasonable notice and upon the payment of such fee as the Secretary of State may from time to time prescribe, a list of the individuals and their addresses, to which paragraph 8 of Schedule 2 to this Act applies and the dates upon which they worked, and their hours of work.
 
    (3)  For the purposes of this section, an individual, partnership or company employs a security operative if he has security operatives on his premises, notwithstanding the fact that those security operatives may be employed or remunerated by another individual, partnership or company.")
Liability for security operatives.
  
Clause 6
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
20     Page 5, line 42, leave out paragraph (b) 
21     Page 5, line 45, leave out paragraph (c) 
22    ("(  )  In determining whether or not a person is a fit and proper person to hold a licence, the Authority shall have regard to any representations made to it, whether in orally or in writing, and it shall in any event seek such representations in advance of refusing to grant a licence, giving the applicant an opportunity to respond to any grounds upon which it proposes to refuse a licence.") 
23     Page 6, line 14, at end insert--
 
    ("(  )  The Authority shall have a duty, in exercising any of the functions prescribed by this Act, to act with reasonable care and skill, and in the event it is alleged that the Authority has failed in that duty and has caused loss or damage to any person, that duty shall be actionable at the suit of the person or persons claiming to have sustained such loss or damage and the Authority shall have the discretion to compensate any persons claiming to have sustained such loss or damage.")
 
  
Clause 7
 
  
BY THE LORD THOMAS OF GRESFORD
 
23A*     Page 6, line 41, at end insert--
 
    ("(  ) The Authority shall state its reasons in writing, by reference to the criteria, for--
    (a)  a refusal to grant a licence under subsection (4), and
    (b)  an imposition of additional conditions under subsection (6).")
 
  
Clause 8
 
  
BY THE LORD THOMAS OF GRESFORD
 
23B*     Page 7, line 32, after ("who") insert ("wilfully") 
23C*     Page 7, line 36, leave out subsection (5) 
  
Clause 9
 
  
BY THE LORD THOMAS OF GRESFORD
 
23D*     Page 7, line 46, at end insert--
 
    ("(4)  The Authority shall in the notice state its reasons, by reference to the criteria, for modifying or revoking any licence.
 
    (5)  It shall be the duty of the Authority to ensure that arrangements are in place--
    (a)  for the notification by the police to the Authority of any matter appertaining to a licence holder which might be relevant to the modification or revocation of the licence; and
    (b)  for dealing with complaints by members of the public against any licence holder.")
 
  
After Clause 9
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
24     Insert the following new Clause-- 
     ("  .--(1)  A person aggrieved by a decision made by the Authority in his case in relation to the granting, refusal, revocation or modification of a licence may appeal, within three months of the date of the decision to the magistrates' court for the area in which he resides, against such grant, refusal, revocation or modification of the licence.
 
    (2)  The Lord Chancellor may by order make provision for the procedure to be followed on any appeal under this section, including concerning the disclosure of documents or evidence, and such an appeal shall be held in public except to the extent that the interests of justice require otherwise.
 
    (3)  Magistrates hearing an appeal under this section shall have it in their discretion to make such order as to costs as they see fit, subject to the presumption that the costs of a successful appeal should be paid by the Authority.")
Appeals.
  
Clause 10
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
25     Page 8, line 1, leave out ("Secretary of State may") and insert ("Lord Chancellor shall") 
  
BY THE LORD THOMAS OF GRESFORD
 
25A*     Page 8, line 1, leave out ("may") and insert ("shall") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
26     Page 8, line 2, after ("Authority") insert ("or a local authority") 
27     Page 8, line 2, after first ("to") insert ("grant or") 
  
BY THE LORD THOMAS OF GRESFORD
 
27A*     Page 8, line 3, at end insert ("or to impose conditions in addition to the prescribed conditions") 
  
Clause 11
 
  
BY THE LORD THOMAS OF GRESFORD
 
27B*     Page 8, line 27, leave out ("such fee as it considers reasonable") and insert ("a reasonable fee"). 
 
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