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

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Licensing at local authority level.     13. - (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 7) 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 section 8(7).
      (4) Section 11 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 a reference to the local authority that made the decision in question.
 
      (5) 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).
 
      (6) The Secretary of State shall consult the Authority before making an order under this section.
 
      (7) 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.     14. - (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 15.
 
      (3) The particulars that must be recorded in every entry in the register relating to an approved person are-
 
 
    (a) the name of that person;
 
    (b) an address for that person which satisfies the prescribed requirements;
 
    (c) the services in respect of which that person is approved;
 
    (d) the time when the approval will cease to have effect unless renewed; and
 
    (e) 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.     15. - (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.     16. - (1) The Authority may approve the terms in which a person who is for the time being registered under section 14 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 14 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 15.
 
Imposition of requirements for approval.     17. - (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 15.
 
      (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 15, 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 15-
 
 
    (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 approvals.     18. - (1) Where-
 
 
    (a) an application for an approval for the purposes of section 15 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 14; 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.
 
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