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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 Marshalled List of Amendments to the Private Security Industry Bill [H.L.] to be moved on Report in the House of Lords.

  
Clause 1
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
1*     Page 1, line 13, at end insert ("and to consult representatives of the security industry") 
2*     Page 2, line 2, at end insert ("after consultations with representatives of the security industry") 
  
Clause 2
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
3*     Page 2, line 23, at end insert--
 
    ("(  )  The Secretary of State shall lay a copy of any such directions before each House of Parliament.")
 
  
Clause 3
 
  
BY THE LORD BASSAM OF BRIGHTON
 
4     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")
 
  
BY THE LORD THOMAS OF GRESFORD
 
5*     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 BASSAM OF BRIGHTON
 
6     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.")
 
  
After Clause 4
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
7*     Insert the following new Clause-- 
     ("  .--(1)  A licence shall not be required under section 3 of this Act for activities carried out to deter parking on private land without permission, which are conducted in accordance with regulations proposed by the Authority and contained in an order made by the Secretary of State.
 
    (2)  Regulations under this section shall include--
    (a)  maximum permitted charges for release of an immobilised vehicle,
    (b)  a requirement for the display of a notice describing how to obtain the release of an immobilised vehicle and the hours at which it can be released,
    (c)  a requirement that when a business owns or occupies the land in question the vehicle can be released at any time during the hours of business,
    (d)  a requirement that when the land is attached to a dwelling the vehicle can be released at any time during the hours of daylight when the premises are occupied, and
    (e)  such other regulations as the Secretary of State thinks fit.")
Regulated Clamping.
  
Clause 5
 
  
BY THE LORD BASSAM OF BRIGHTON
 
8     Page 5, line 19, leave out ("activities") and insert ("conduct") 
  
After Clause 5
 
  
BY THE LORD BASSAM OF BRIGHTON
 
9     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.
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
10*     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 its security operatives where they inflict personal injury to any person--
    (a)  at the suit of that person, where that person is or desires to be a guest or customer of the venue, and
    (b)  where that personal injury is inflicted within or in the vicinity of the venue, and
    (c)  at a time when the security operative is at work.
    (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 to whom 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.")
Employers' Liability.
  
Clause 6
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
11*     Page 5, line 30, after ("prepare") insert (", to lay before both Houses of Parliament") 
12*     Page 5, line 30, after ("and") insert (", after consultations with representatives of the security industry,") 
13*     Page 5, line 37, after ("shall") insert ("lay before both Houses of Parliament and") 
  
BY THE LORD BASSAM OF BRIGHTON
 
14     Page 5, line 43, after ("the") insert ("training and") 
  
Clause 7
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
15*     Page 6, line 33, at end insert ("shall carry a photograph of the licence holder and") 
16*     Page 7, line 6, at end insert--
 
    ("(9)  In exercising the functions prescribed by this Act, the Authority shall act with reasonable care and skill and shall--
    (a)  be liable at the suit of the person or persons claiming to have sustained loss or damage for any loss or damage sustained as a result of a breach of such duty; and
    (b)  have it within its discretion to compensate any person or persons claiming to have sustained such loss or damage.")
 
  
Clause 8
 
  
BY THE LORD THOMAS OF GRESFORD
 
17*     Page 7, line 16, at end insert--
    ("(  )  conditions concerning the use of guard dogs as defined in the Guard Dogs Act 1975;")
 
  
Clause 9
 
  
BY THE LORD THOMAS OF GRESFORD
 
18*     Page 7, line 46, at end insert--
 
    ("(4)  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.")
 
  
Clause 10
 
  
BY THE LORD BASSAM OF BRIGHTON
 
19     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.
 
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© Parliamentary copyright 2001
Prepared 28 February 2001