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

back to previous amendments
 
  
Clause 11
 
  
BY THE LORD BASSAM OF BRIGHTON
 
20     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
 
21     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
 
22     Page 9, leave out line 28 and insert--
    ("(  )  the name of that person;
    (  )  an address for that person which satisfies the prescribed requirements;")
 
23     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
 
24     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    (c)  such an approval is modified or withdrawn,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
 
25     Page 12, line 43, at beginning insert ("Subject to subsections (2A) and (2B),") 
26    exclusively for residential purposes as a private dwelling") 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
[As an amendment to amendment 26]
 
27*     Line 2, leave out ("exclusively") 
  
BY THE LORD BASSAM OF BRIGHTON
 
28     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
 
29     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
 
30     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 COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
 
31*     Page 22, line 39, after ("vehicle") insert ("or bicycle") 
32*     Page 22, line 40, at end insert ("otherwise than under section (Regulated clamping)") 
33*     Page 23, line 9, leave out sub-paragraph (2) 
  
BY THE LORD BASSAM OF BRIGHTON
 
34     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.")
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
[As an amendment to amendment 34]
 
35*     Line 3, after ("such") insert ("or by any employee of his") 
36*     Page 23, line 44, leave out sub-paragraph (9) 
  
BY THE LORD BASSAM OF BRIGHTON
 
37     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.
 
  
BY THE LORD COPE OF BERKELEY
THE VISCOUNT ASTOR
THE VISCOUNT BRIDGEMAN
[As an amendment to amendment 37]
 
38*     Line 3, after ("such") insert ("or by any employee of his") 
  
BY THE LORD BASSAM OF BRIGHTON
 
39     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") 
  
BY THE LORD THOMAS OF GRESFORD
 
40*     Page 24, line 29, at end insert-- 
 ("Installers 
     .  This paragraph applies to installing, monitoring and maintaining alarms and CCTV systems, including central control room operating and management.") 
  
BY THE LORD BASSAM OF BRIGHTON
 
41     Page 25, leave out lines 7 to 9 
 
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