House of Lords portcullis
House of Lords
Session 2000-01
Publications on the internet
Other Bills before Parliament
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 Amendments to the Private Security Industry Bill [H.L.] to be moved on Report in the House of Lords.

  
Clause 3
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 3, line 42, leave out from beginning to ("any") in line 43 and insert--
    ("(j)  in circumstances in which it is proposed to impose a charge for the release of immobilised vehicles, he carries out on his own behalf or on behalf of another person")
 
     Page 3, line 50, at end insert--
 
    ("(  )  For the purposes of this section a person shall not be treated as acting as the manager or supervisor of an individual by reason only of his giving directions to that individual in a case in which--
    (a)  the directions are given on behalf of a person to whom the individual's services are provided under a contract for services; and
    (b)  the person who under the contract provides the individual's services or another person acting on his behalf, acts as the manager or supervisor of that individual in relation to the activities carried out by him in accordance with those directions.")
 
  
Clause 5
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 5, line 19, leave out ("activities") and insert ("conduct") 
  
After Clause 5
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Clause-- 
     (".--(1) A person who is an occupier of any premises is guilty of an offence if--
    (a)  any individual carries out, in relation to vehicles on those premises, any designated activities consisting in activities to which paragraph 3 of Schedule 2 (immobilisation of vehicles) applies;
    (b)  the carrying out of those activities involves that individual's engaging in licensable conduct in respect of which he is not the holder of a licence; 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.
    (2)  In proceedings against any person for an offence under this section it shall be a defence for that person to show either--
    (a)  that he did not know, and had no reasonable grounds for suspecting, at the time when the activities were carried out, that the individual in question was not the holder of a licence in respect of those activities; or
    (b)  that he took all reasonable steps, in relation to the carrying out of those activities, for securing that that individual would not engage in any licensable conduct in respect of which he was not the holder of a licence.
    (3)  A person shall not be guilty of an offence under this section in respect of the carrying out of activities which are comprised in any conduct of an individual in which he is entitled to engage by virtue of section 4.
 
    (4)  A person guilty of an offence under this section shall be liable--
    (a)  on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the 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.")
Offence of using unlicensed wheel-clampers.
  
Clause 6
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 5, line 43, after ("the") insert ("training and") 
  
Clause 10
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Leave out Clause 10 and insert the following new Clause-- 
     (".--(1) Where--
    (a)  an application for a licence is refused,
    (b)  a licence is granted subject to conditions imposed under section 7(6), or
    (c)  a licence is modified or revoked,
the applicant or, as the case may be, the holder of the licence may appeal to the appropriate magistrates' court against the Authority's decision to refuse to grant the licence, to impose those conditions or, as the case may be, to modify or to revoke the licence.
 
    (2)  An appeal under subsection (1) must be brought before the end of the period of twenty-one days beginning with the day on which the decision appealed against was first notified to the appellant by the Authority.
 
    (3)  For the purposes of subsection (1) the appropriate magistrates' court is the magistrates' court for the petty sessions area in which is situated, as the case may be--
    (a)  the address for the appellant that has been supplied for the purpose of being recorded (if a licence is granted) in the register maintained under section 11; or
    (b)  the address for the appellant that is for the time being recorded in that register.
    (4)  Where a magistrates' court makes a decision on an appeal under subsection (1), an appeal to the Crown Court may be brought against that decision either by the Authority or by the person on whose appeal that decision was made.
 
    (5)  A court to which an appeal is brought under this section shall determine the appeal in accordance with the criteria for the time being applicable under section 6.
 
    (6)  Where an application for the grant of a licence by way of a renewal is refused or a licence is revoked, the licence to which the application or revocation relates shall be deemed to remain in force--
    (a)  for the period during which an appeal may be brought under subsection (1);
    (b)  for the period from the bringing of any such appeal until it is determined or abandoned;
    (c)  for the period from any determination on appeal that a licence should be granted until effect is given to that determination, or it is overturned on a further appeal;
    (d)  during any such period as the appropriate magistrates' court or the Crown Court may direct, pending an appeal from a determination made on an appeal to that magistrates' court.")
Appeals in licensing matters.
  
Clause 11
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 8, leave out line 18 and insert--
    ("(  )  the name of the holder of the licence;
    (  )  an address for the holder of the licence which satisfies the prescribed requirements;
    (  )  the time when the licence will cease to have effect unless renewed; and")
 
  
Clause 12
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 9, line 5, at end insert--
 
    ("(  )  Section (Appeals in licensing matters) shall apply in relation to a decision made by a local authority in accordance with an order under subsection (1) as it applies in relation to a decision of the Authority; and where it so applies it shall have effect as if the references in subsections (2) and (4) of that section to the Authority were references to the local authority that made the decision in question.")
 
  
Clause 13
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 9, leave out line 28 and insert--
    ("(  )  the name of that person;
    (  )  an address for that person which satisfies the prescribed requirements;")
 
     Page 9, line 29, after ("approved;") insert--
    ("(  )  the time when the approval will cease to have effect unless renewed;")
 
  
Clause 17
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Leave out Clause 17 and insert the following new Clause-- 
     (".--(1) Where--
    (a)  an application for an approval for the purposes of section 14 is refused,
    (b)  conditions are included as conditions of such an approval, or
    (c)  such an approval is modified or withdrawn,
the applicant or, as the case may be, the approved person may appeal to the appropriate magistrates' court against the Authority's decision to refuse to grant the approval, to include those conditions or, as the case may be, to modify or to withdraw the approval.
 
    (2)  An appeal under subsection (1) must be brought before the end of the period of twenty-one days beginning with the day on which the decision appealed against was first notified to the appellant by the Authority.
 
    (3)  For the purposes of subsection (1) the appropriate magistrates' court is the magistrates' court for the petty sessions area in which is situated, as the case may be--
    (a)  the address for the appellant that has been supplied for the purpose of being recorded (if an approval is granted) in the register maintained under section 13; or
    (b)  the address for the appellant that is for the time being recorded in that register.
    (4)  Where a magistrates' court makes a decision on an appeal under subsection (1), an appeal to the Crown Court may be brought against that decision either by the Authority or by the person on whose appeal that decision was made.
 
    (5)  Where an application for the grant of an approval by way of a renewal is refused or an approval is withdrawn, the approval to which the application or withdrawal relates, shall be deemed to remain in force--
    (a)  for the period during which an appeal may be brought under subsection (1);
    (b)  for the period from the bringing of any such appeal until it is determined or abandoned;
    (c)  for the period from any determination on appeal that an approval should be granted until effect is given to that determination, or it is overturned on a further appeal;
    (d)  during any such period as the appropriate magistrates' court or the Crown Court may direct, pending an appeal from a determination made on an appeal to that magistrates' court.")
Appeals relating to approvals.
  
Clause 18
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 12, line 43, at beginning insert ("Subject to subsections (2A) and (2B),") 
     Page 12, line 45, at end insert ("other than premises occupied exclusively for residential purposes as a private dwelling") 
     Page 13, line 11, at end insert--
 
    ("(2A)  A person exercising the power conferred by subsection (1) shall do so only at a reasonable hour.
 
    (2B)  A person exercising such a power shall--
    (a)  comply with any reasonable request made (whether before or after entry is gained to the premises) by any person present on the premises to do any one or more of the following--
          (i)  state the purpose for which the power is being exercised;
          (ii)  show the authorisation by the Authority for his exercise of the power;
          (iii)  produce evidence of his identity;
    (b)  make a record of the date and time of his entry, the period for which he remained there and his conduct while there; and
    (c)  if requested to do so by any person present on the premises at the time of the entry, provide that person with a copy of that record.")
 
  
After Clause 18
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Insert the following new Clause-- 
     (".--(1) It shall be the duty of the Authority to prepare and publish a document containing its guidance as to the manner in which persons authorised to enter premises under subsection (1) of section 18 should--
    (a)  exercise the power conferred by that subsection; and
    (b)  conduct themselves after entering premises in exercise of that power.
    (2)  The Authority may from time to time revise the guidance published under this section; and, if it does so, it shall publish the revised guidance.
 
    (3)  A requirement under this section for the Authority to publish guidance or revised guidance shall be a requirement to publish it in such manner as appears to the Authority appropriate for bringing it to the attention of persons likely to be affected by it.")
Guidance as to exercise of power of entry.
  
Clause 23
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 15, line 34, at end insert--
    (""relevant accountancy body" means any of the following--
          (a)  the Institute of Chartered Accountants in England and Wales;
          (b)  the Institute of Chartered Accountants of Scotland;
          (c)  the Institute of Chartered Accountants in Ireland;
          (d)  the Association of Chartered Certified Accountants;
          (e)  the Chartered Institute of Management Accountants;
          (f)  the Chartered Institute of Public Finance and Accountancy;")
 
  
Schedule 2
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 23, line 20, at end insert--
 
    ("(  )  This paragraph does not apply to any activities of a member of a relevant accountancy body which are carried out by him as such and for the purposes of any accountancy practice carried on--
    (a)  by him;
    (b)  by any firm of which he is a partner or by which he is employed;
    (c)  by any body corporate of which he is a director or member or by which he is employed.")
 
     Page 24, line 10, at end insert--
 
    ("(  )  This paragraph does not apply to any activities of a member of a relevant accountancy body which are carried out by him as such and for the purposes of any accountancy practice carried on--
    (a)  by him;
    (b)  by any firm of which he is a partner or by which he is employed;
    (c)  by any body corporate of which he is a director or member or by which he is employed.
 
     Page 24, line 24, leave out ("are not the services") and insert ("do not consist in or include the carrying out of any of the activities") 
     Page 25, leave out lines 7 to 9 
 
House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2001
Prepared 27 February 2001