Private Security Industry Bill [H.L.] - continued        House of Lords
Licensing functions of the Authority - continued

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Licences to engage in licensable conduct.     7. - (1) The Authority may, on an application made to it, grant to the applicant a licence to engage in any such licensable conduct as may be described in the licence.
 
      (2) An application to the Authority for the grant of a licence-
 
 
    (a) must be in such form, and
 
    (b) must be accompanied by such information,
       as may be prescribed.
 
      (3) In determining whether or not to grant a licence the Authority shall apply the criteria for the time being applicable under section 6.
 
      (4) The Authority may refuse to grant a licence until-
 
 
    (a) it has been satisfied as to the identity of the applicant in such manner as may be prescribed;
 
    (b) the applicant has supplemented his application with such further information (if any) as the Authority may request after receiving the application; and
 
    (c) the Authority has been able to carry out such further inquiries (if any) in relation to the applicant as it considers appropriate.
      (5) A licence granted by the Authority to engage in any description of licensable conduct-
 
 
    (a) must be in such form,
 
    (b) must contain such information, and
 
    (c) must be granted on such conditions,
       as may be prescribed in relation to licences to engage in that description of licensable conduct.
 
      (6) Such a licence may be granted subject to such conditions, in addition to the prescribed conditions, as the Authority considers appropriate in relation to the licence in question.
 
      (7) On the making of an application for the grant of a licence, the applicant shall pay to the Authority such fee as may be prescribed.
 
      (8) Subject to section 9, a licence shall remain in force-
 
 
    (a) except in a case to which paragraph (b) applies, for a period of three years beginning with the day on which it is granted; and
 
    (b) in any case for which provision as to the duration of the licence is made by the Secretary of State by order, for such other period beginning with that day as may be specified in the order.
Licence conditions.     8. - (1) The power of the Secretary of State to prescribe the conditions on which a licence must be granted and the power of the Authority to impose additional conditions for such a licence shall include power to prescribe or impose-
 
 
    (a) conditions containing requirements as to the training, registration and insurances which the licensee is to undergo, or to maintain, while the licence remains in force;
 
    (b) conditions as to the manner in which the licensee is to carry out specified activities of a security operative that he is licensed to carry out;
 
    (c) conditions imposing obligations as to the production and display of the licence;
 
    (d) conditions imposing obligations as to the information to be provided from time to time by the licensee to the Authority; and
 
    (e) such other conditions (whether or not relating to the criteria that would be applied by the Authority in determining whether to grant the licence) as the Secretary of State or the Authority thinks fit.
      (2) The conditions that may be prescribed or imposed in relation to any description of licence may include conditions imposing obligations on a licensee by reference to requirements made or directions given by the Authority.
 
      (3) In relation to a licence authorising licensable conduct falling within subsection (2)(g) of section 3, the references in subsection (1) of this section to the licensee include references to any of his employees who carry out any designated activities subject to additional controls.
 
      (4) Any person who contravenes the conditions of any licence granted to him shall be guilty of an offence and liable, on summary conviction, to a term of imprisonment not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
 
      (5) In proceedings against any person for an offence under subsection (4) it shall be a defence for that person to show that he exercised all due diligence to avoid a contravention of the conditions of the licence.
 
Revocation and modification of licences.     9. - (1) The Authority may by notice in writing to the licensee modify or revoke any licence granted to him (including any of the conditions of that licence).
 
      (2) In determining whether or not to modify or revoke a licence, the Authority shall apply the criteria for the time being applicable under section 6.
 
      (3) The modifications that may be made under this section include one suspending the effect of the licence for such period as the Authority may determine.
 
Appeals in licensing matters.     10. - (1) The Secretary of State may by order make provision for the bringing of appeals against any decision of the Authority to refuse to grant a licence or to modify or revoke a licence.
 
      (2) An order under this section may provide for the establishment of a tribunal to hear appeals under such an order, for the appointment and removal of the members of such a tribunal and for the payment to them of remuneration or allowances.
 
      (3) An order under this section may provide for the procedure to be followed on any appeal brought in accordance with such an order and for the means by which effect is to be given to the determination made on any such appeal.
 
Register of licences.     11. - (1) It shall be the duty of the Authority to establish and maintain a register of persons licensed under this Act.
 
      (2) The Authority shall secure that the register contains particulars of every person who for the time being holds a licence.
 
      (3) The particulars that must be recorded in every entry in the register relating to the holder of a licence are-
 
 
    (a) the name and address of the holder of the licence; and
 
    (b) the terms and other conditions of his licence.
      (4) It shall be the duty of the Authority to ensure that such arrangements are in force as it considers appropriate for-
 
 
    (a) allowing members of the public and such other persons as it thinks fit to inspect the contents of the register; and
 
    (b) securing that such publicity is given to any modification or revocation of a licence as will bring it to the attention of persons likely to be interested in it.
      (5) The Authority may impose such fee as it considers reasonable for allowing a person to inspect the register or to take a copy of any part of it.
 
Licensing at local authority level.     12. - (1) The Secretary of State may by order make provision for local authorities to carry out some or all of the Authority's relevant licensing functions in relation to such cases and such areas, and for such purposes, as may be specified or described in the order.
 
      (2) References in this section to the Authority's relevant licensing functions are references to such of its functions under this Act (other than section 6) as relate to the grant, revocation or modification of licences to engage in any such licensable conduct as will or may involve, or relate to, the carrying out of activities to which paragraph 8 of Schedule 2 (door supervisors etc. for public houses and clubs and comparable venues) applies.
 
      (3) An order under this section may-
 
 
    (a) impose such conditions and requirements in respect of the carrying out of any of the Authority's relevant licensing functions by a local authority as the Secretary of State thinks fit;
 
    (b) provide for any of those conditions or requirements to be framed by reference to directions given by the Secretary of State in accordance with the order;
 
    (c) provide for any of the powers exercisable by a local authority by virtue of such an order to be exercisable concurrently in relation to the same case by the Authority and that local authority; and
 
    (d) authorise a local authority to retain any fee paid to them by virtue of clause 7(7).
      (4) The Secretary of State may by order make such provision repealing or modifying the provisions of any local enactment as he considers appropriate in consequence of the coming into force of any of the provisions of this Act or of an order under subsection (1).
 
      (5) The Secretary of State shall consult the Authority before making an order under this section.
 
      (6) In this section "local authority" means-
 
 
    (a) the council for any county or district in England other than a metropolitan county the districts comprised in which are districts for which there are councils;
 
    (b) the council for any London borough;
 
    (c) the Common Council of the City of London;
 
    (d) the Council of the Isles of Scilly;
 
    (e) the council for any county or county borough in Wales.
 
Approved contractors
Register of approved contractors.     13. - (1) It shall be the duty of the Authority to establish and maintain a register of approved providers of security industry services.
 
      (2) The Authority shall secure that the register contains particulars of every person who is for the time being approved under any arrangements in force under section 14.
 
      (3) The particulars that must be recorded in every entry in the register relating to an approved person are-
 
 
    (a) the name and address of that person;
 
    (b) the services in respect of which that person is approved; and
 
    (c) the conditions of the approval.
      (4) It shall be the duty of the Authority to ensure that such arrangements are in force as it considers appropriate for-
 
 
    (a) allowing members of the public to inspect the contents of the register; and
 
    (b) securing that such publicity is given to any modification or withdrawal of an approval as will bring it to the attention of persons likely to be interested in it.
      (5) The Authority may impose such fee as it considers reasonable for allowing a person to inspect the register or to take a copy of any part of it.
 
Arrangements for the grant of approvals.     14. - (1) It shall be the duty of the Authority to secure that there are arrangements in force for granting approvals to persons who-
 
 
    (a) are providing security industry services in England and Wales; and
 
    (b) seek approval in respect of any such services that they are providing, or are proposing to provide.
      (2) The arrangements must-
 
 
    (a) allow for an approval to be granted either in respect of all the services in respect of which it is sought or in respect of only some of them;
 
    (b) ensure that an approval is granted to a person in respect of any services only if the condition for the grant of an approval is satisfied in accordance with subsection (3);
 
    (c) provide for an approval granted to any person to have effect subject to such conditions (whether or not connected with the provision of the services in respect of which the approval is granted) as may be contained in the approval;
 
    (d) enable a person to whom the Authority is proposing to grant an approval to refuse it if the proposal is in different terms from the approval which was sought;
 
    (e) make provision for the handling of complaints and disputes which-
 
      (i) are required by the conditions of an approved person's approval to be dealt with in accordance with a procedure maintained by him in pursuance of those conditions; but
 
      (ii) are not disposed of by the application of that procedure;
 
    (f) provide for an approval to cease to have effect (unless renewed)-
 
      (i) except in a case to which sub-paragraph (ii) applies, at the end of the period of three years beginning with the day on which it is granted; and
 
      (ii) in a case for which provision as to the duration of the approval is made by the Secretary of State by order, for such other period beginning with that day as may be specified in the order;
 
    (g) provide for the modification and withdrawal of approvals.
      (3) The condition that must be fulfilled before an approval is granted to any person is that the Authority is satisfied that he-
 
 
    (a) will comply, in providing the services in respect of which he is approved, with such technical and other requirements as may be prescribed;
 
    (b) is a person in relation to whom such other requirements as may be prescribed are, and will continue to be, satisfied;
 
    (c) is, and will continue to be, able and willing to comply with any requirements that the Authority is proposing to impose by means of conditions of the approval; and
 
    (d) is otherwise a fit and proper person to be approved in respect of those services.
      (4) Regulations made by virtue of paragraph (a) or (b) of subsection (3) may frame a requirement for the purposes of that subsection by reference to the opinion of a person specified in the regulations, or of a person chosen in a manner determined in accordance with the regulations.
 
      (5) The requirements which (subject to subsection (6)) may be imposed by conditions contained in an approval in accordance with the arrangements include-
 
 
    (a) requirements to provide information to such persons, in such form, at such times and in response to such requests as may be specified in or determined under the terms of the condition;
 
    (b) requirements framed by reference to the opinion or directions of a person specified in or chosen in accordance with provision contained in the conditions.
      (6) Nothing in the arrangements shall authorise the imposition, by conditions contained in an approval, of any requirements for-
 
 
    (a) the provision of information, or
 
    (b) the maintenance of a procedure for handling complaints or disputes,
       in relation to any matter other than one appearing to the Authority to be relevant to the matters mentioned in subsection (3)(a) to (d).
 
      (7) Any requirement to provide information that is imposed in accordance with the arrangements on any person by the conditions of his approval shall be enforceable at the suit or instance of the Authority.
 
      (8) Where any arrangements under this section so provide, a person who-
 
 
    (a) seeks an approval under the arrangements,
 
    (b) applies for a modification of such an approval,
 
    (c) is for the time being approved under the arrangements, or
 
    (d) has his approval under the arrangements modified wholly or partly in consequence of an application made by him,
       shall pay to the Authority, at such time or times as may be prescribed, such fee or fees as may be prescribed in relation to that time or those times.
 
Right to use approved status.     15. - (1) The Authority may approve the terms in which a person who is for the time being registered under section 13 as an approved provider of security industry services may hold himself out as so registered.
 
      (2) A person is guilty of an offence if-
 
 
    (a) he holds himself out as registered under section 13 as an approved provider of any security industry services when he is not so registered; or
 
    (b) he is so registered but holds himself out as so registered in terms that have not been approved by the Authority in relation to his case.
      (3) A person guilty of an offence under this section shall be liable-
 
 
    (a) on summary conviction, to a fine not exceeding the statutory maximum;
 
    (b) on conviction on indictment, to a fine.
      (4) For the purposes of this section references in this section to a person's holding himself out as registered as an approved provider of any services include references to his holding himself out to be a person who is for the time being approved in respect of those services in accordance with arrangements under section 14.
 
Imposition of requirements for approval.     16. - (1) The Secretary of State may by regulations provide that persons of prescribed descriptions are to be prohibited from providing prescribed security industry services unless they are for the time being approved in respect of those services in accordance with arrangements under section 14.
 
      (2) A person is guilty of an offence if he contravenes any prohibition imposed on him by regulations under subsection (1).
 
      (3) A person who-
 
 
    (a) is approved in respect of any security industry services in accordance with arrangements under section 14, and
 
    (b) would be prohibited by regulations under subsection (1) from providing those services except while for the time being so approved,
       is guilty of an offence if he contravenes any of the conditions of his approval in respect of those services.
 
      (4) A person guilty of an offence under this section is liable-
 
 
    (a) on summary conviction, to a fine not exceeding the statutory maximum;
 
    (b) on conviction on indictment, to a fine.
      (5) The Secretary of State may by regulations make provision in relation to cases in which a person is required by regulations under subsection (1) to be approved in respect of any services in accordance with arrangements under section 14-
 
 
    (a) for the conditions that are to be contained in his approval in relation to the handling of complaints made about the provision of those services; and
 
    (b) generally in relation to the arrangements under that section that are to be made for such cases.
Appeals relating to approval.     17. - (1) The Secretary of State may by order make provision for the bringing of appeals against any decision of the Authority-
 
 
    (a) to refuse to grant an approval for the purposes of section 14;
 
    (b) to include a particular condition as a condition of such an approval; or
 
    (c) to modify or withdraw such an approval.
      (2) An order under this section may provide for the establishment of a tribunal to hear appeals under such an order, for the appointment and removal of the members of such a tribunal and for the payment to them of remuneration or allowances.
 
      (3) An order under this section may provide for the procedure to be followed on any appeal brought in accordance with such an order and for the means by which effect is to be given to the determination made on any such appeal.
 
 
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