Private Security Industry Bill [H.L.] - continued        House of Lords

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Entry, inspection and information
Powers of entry and inspection.     19. - (1) Subject to subsections (3) and (4), a person authorised in writing for the purpose by the Authority may enter any premises owned or occupied by any person appearing to him to be a regulated person other than premises occupied exclusively for residential purposes as a private dwelling.
 
      (2) A person authorised in writing for the purpose by the Authority may require any person appearing to him to be a regulated person to produce to him any documents or other information relating to any matter connected with-
 
 
    (a) any licensable conduct which has been or may be engaged in by the person so appearing;
 
    (b) the provision by the person so appearing of any security industry services;
 
    (c) any matters in respect of which conditions are imposed on the person so appearing by virtue of a licence or of an approval granted in accordance with arrangements under section 15.
      (3) A person exercising the power conferred by subsection (1) shall do so only at a reasonable hour.
 
      (4) 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.
      (5) A person is guilty of an offence if-
 
 
    (a) he intentionally obstructs any person in the exercise of any power conferred by subsection (1);
 
    (b) he fails, without reasonable excuse, to comply with any requirement imposed by subsection (2); or
 
    (c) he makes an unauthorised disclosure of any information obtained by him in the exercise of any power conferred by this section, or as a consequence of the exercise of any such power by another.
      (6) For the purposes of this section a disclosure of information obtained by any person as mentioned in subsection (5)(c) is authorised if, and only if, it is made-
 
 
    (a) for the purposes of the carrying out by the Authority of any of its functions under this Act; or
 
    (b) for the purposes of any criminal proceedings.
      (7) A person guilty of an offence under this section shall be 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.
 
      (8) In this section "regulated person" means-
 
 
    (a) the holder of any licence granted under this Act;
 
    (b) any person who engages in licensable conduct without being the holder of a licence under this Act;
 
    (c) any person who is for the time being approved in accordance with arrangements under section 15 in respect of any services which regulations under section 17 prohibit him from providing unless so approved; or
 
    (d) any person who is not so approved but provides security industry services which he is prohibited by any such regulations from providing.
Guidance as to exercise of power of entry.     20. - (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 19 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.
 
Access to enhanced criminal record certificates.     21. In section 115(5) of the Police Act 1997 (matters in respect of which an enhanced criminal record certificate may be required), after paragraph (g) there shall be inserted-
 
 
    "(ga) a licence under the Private Security Industry Act 2001 to engage in any such licensable conduct (within the meaning of that Act) as will or may involve, or relate to, activities to which paragraph 8 of Schedule 2 to that Act applies (door supervisors etc. for public houses and clubs and comparable venues)."
False information.     22. - (1) A person is guilty of an offence if for any purposes connected with the carrying out by the Authority of any of its functions under this Act-
 
 
    (a) he makes any statement to the Authority which he knows to be false in a material particular; or
 
    (b) he recklessly makes any statement to the Authority which is false in a material particular.
      (2) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
 
 
Supplemental
Criminal liability of directors etc.     23. Where an offence under any provision of this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of-
 
 
    (a) a director, manager, secretary or other similar officer of the body corporate, or
 
    (b) any person who was purporting to act in any such capacity,
  he (as well as the body corporate) shall be guilty of that offence and liable to be proceeded against and punished accordingly.
 
Orders and regulations.     24. - (1) In this Act "prescribed" means prescribed by regulations made by the Secretary of State, or determined in any such manner and by such person as may be provided for in any such regulations; and "prescribe" shall be construed accordingly.
 
      (2) Every power of the Secretary of State under this Act to make an order or regulations shall be exercisable by statutory instrument.
 
      (3) A statutory instrument containing any order or regulations made under any provision of this Act, other than one containing either-
 
 
    (a) an order under section 26(2); or
 
    (b) an order a draft of which has been approved for the purposes of paragraph 1(3) or 7(3) of Schedule 2,
  shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
      (4) Before-
 
 
    (a) making any regulations under any provision of this Act,
 
    (b) making any order under any provision of this Act other than paragraph 1(2) or 7(2) of Schedule 2, or
 
    (c) laying any draft order under paragraph 1(2) or 7(2) of Schedule 2 before Parliament,
  the Secretary of State shall consult the Authority.
 
      (5) Any order or regulations made under any of the preceding provisions of this Act or any provision contained in a Schedule to this Act may-
 
 
    (a) make different provisions for different cases;
 
    (b) contain such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit.
Interpretation.     25. - (1) In this Act-
 
 
    "activities of a security operative" shall be construed in accordance with Part I of Schedule 2;
 
    "activities subject to additional controls" shall be construed in accordance with Part II of that Schedule;
 
    "the Authority" means the Security Industry Authority;
 
    "contravention" includes a failure to comply, and cognate expressions shall be construed accordingly;
 
    "designated activities" has the meaning given by section 3(3);
 
    "director"-
 
      (a) in relation to a company (within the meaning of the Companies Act 1985), includes a shadow director;
 
      (b) in relation to any such company that is a subsidiary of another, includes any director or shadow director of the other company; and
 
      (c) in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate;
 
    "information" includes reports, references and other documents, photographs and data of any description;
 
    "licence" means a licence from the Authority under this Act;
 
    "licensable conduct" shall be construed in accordance with section 3(2);
 
    "local statutory provision" means-
 
      (a) a provision of any local Act;
 
      (b) a provision of any instrument in the nature of a local enactment;
 
      (c) a provision of any instrument made under a local statutory provision;
 
    "modification" includes amendments, additions and omissions, and cognate expressions shall be construed accordingly;
 
    "motor vehicle" means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle;
 
    "premises" includes any vehicle or moveable structure and any other place whatever, whether or not occupied as land;
 
    "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;
 
    "security industry services" means services which are provided under a contract for services and in the course of which the person providing the services secures-
 
      (a) that the activities of a security operative are carried out; or
 
      (b) that a person is made available to carry out, under directions given by or on behalf of another person, any activities which will or are likely to consist of or include the activities of a security operative;
 
    "surveillance" includes covertly listening to or recording conversations or other sounds and any method of covertly obtaining information;
 
    "shadow director" means a shadow director as defined in section 741(2) of the Companies Act 1985;
 
    "subsidiary" means a subsidiary as defined in section 736 of the Companies Act 1985;
 
    "vehicle" includes any vessel, aircraft or hovercraft.
      (2) In this Act references, in relation to a firm, to a member of the firm include references to any person who, in relation to that firm, is liable as a partner under section 14 of the Partnership Act 1890 (persons liable by "holding out").
 
Short title, commencement and extent.     26. - (1) This Act may be cited as the Private Security Industry Act 2001.
 
      (2) The provisions of this Act, other than this section, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different purposes.
 
      (3) This Act extends to the United Kingdom for the purposes only of-
 
 
    (a) the amendment of the Police Act 1997 by section 21; and
 
    (b) the amendments by Schedule 1 of the following enactments-
 
      (i) the Public Records Act 1958;
 
      (ii) the Parliamentary Commissioner Act 1967;
 
      (iii) the Superannuation Act 1972;
 
      (iv) the House of Commons Disqualification Act 1975;
 
      (v) the Northern Ireland Assembly Disqualification Act 1975; and
 
      (vi) the Freedom of Information Act 2000.
      (4) Subject to subsection (3), this Act extends to England and Wales only.
 
 
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Prepared 6 March 2001