Office of Public Sector Information
PART 1 continued CHAPTER 3 continued
(1) In section 7 of the Protection from Harassment Act 1997 (c. 40) (interpretation of sections 1 to 5), there shall be inserted the following subsection—
“(3A) A person’s conduct on any occasion shall be taken, if aided, abetted, counselled or procured by another—
(a) to be conduct on that occasion of the other (as well as conduct of the person whose conduct it is); and
(b) to be conduct in relation to which the other’s knowledge and purpose, and what he ought to have known, are the same as they were in relation to what was contemplated or reasonably foreseeable at the time of the aiding, abetting, counselling or procuring.”
(2) This section has effect in relation to any aiding, abetting, counselling or procuring that takes place after the coming into force of this section.
(1) The Companies Act 1985 (c. 6) shall be amended as follows.
(2) After section 723A there shall be inserted—
(1) Subject to the provisions of this section, an individual may make an application under this section to the Secretary of State where the condition in subsection (2) is satisfied.
(2) That condition is that the individual—
(a) is or proposes to become a director, secretary or permanent representative of a relevant company; and
(b) considers that the availability for inspection by members of the public of particulars of his usual residential address creates, or (if an order is not made under this section) is likely to create, a serious risk that he or a person who lives with him will be subjected to violence or intimidation.
(3) Where, on an application made by an individual under this section, the Secretary of State is satisfied that the availability for inspection by members of the public of particulars of the individual’s usual residential address creates, or (if an order is not made under this section) is likely to create, a serious risk that the individual, or a person who lives with him, will be subjected to violence or intimidation, he shall make an order under this section (“a confidentiality order”) in relation to him.
(4) Otherwise, he shall dismiss the application.
(5) An application under this section shall specify, in relation to each company of which the individual is a director, secretary or permanent representative, an address satisfying such conditions as may be prescribed.
(6) The Secretary of State shall give the applicant notice of his decision under subsection (3) or (4); and a notice under this subsection shall be given within the prescribed period after the making of the decision and contain such information as may be prescribed.
(7) Regulations may make provision about applications for confidentiality orders; and the regulations may in particular—
(a) require the payment, on the making of an application, of such fees as may be specified in the regulations;
(b) make provision about the form and manner in which applications are to be made;
(c) provide that applications shall contain such information, and be accompanied by such evidence, as the Secretary of State may from time to time direct.
(8) Regulations may make provision—
(a) about the manner in which determinations are to be made under subsection (3) or (4);
(b) for questions to be referred to such persons as the Secretary of State thinks fit for the purposes of such determinations;
(c) about the review of such determinations;
(d) about the period for which confidentiality orders shall remain in force and the renewal of confidentiality orders.
(9) The Secretary of State may at any time revoke a confidentiality order if he is satisfied that such conditions as may be prescribed are satisfied.
(10) Regulations may make provision about the manner in which a determination under subsection (9) is to be made and notified to the individual concerned.
(1) At any time when a confidentiality order is in force in relation to an individual—
(a) section 709(1) shall not apply to so much of any record kept by the registrar as contains information which is recorded as particulars of the individual’s usual residential address that were contained in a document delivered to the registrar after the order came into force;
(b) section 364 shall have effect in relation to each affected company of which the individual is a director or secretary as if the reference in subsection (4)(a) of that section to the individual’s usual residential address were a reference to the address for the time being specified by the individual in relation to that company under section 723B(5) or subsection (7) below.
(2) Regulations may make provision about the inspection and copying of confidential records, and such provision may include—
(a) provision as to the persons by whom, and the circumstances in which, confidential records may be inspected or copies taken of such records;
(b) provision under which the registrar may be required to provide certified copies of, or of extracts from, such records.
(3) Provision under subsection (2) may include provision—
(a) for persons of a prescribed description to be entitled to apply to the court for authority to inspect or take copies of confidential records;
(b) as to the criteria to be used by the court in determining whether an authorisation should be given.
(4) Regulations may make provision for restricting the persons to whom, and the purposes for which, relevant information may be disclosed.
(5) In subsection (4) “relevant information” means information, relating to the usual residential address of an individual in relation to whom a confidentiality order is in force, which has been obtained in prescribed circumstances.
(6) Regulations may—
(a) provide that, where a confidentiality order is in force in relation to an individual who is a director or secretary of a company, subsections (3) and (5) of section 288 shall not apply in relation to so much of the register kept by the company under that section as contains particulars of the usual residential address of that individual (“the protected part of the register”); and
(b) make provision as to the persons by whom the protected part of the register may be inspected and the conditions (which may include conditions as to the payment of a fee) on which they may inspect it.
(7) Regulations may make provision—
(a) requiring any individual in relation to whom a confidentiality order is in force to specify in the prescribed manner, in relation to each company of which he becomes a director, secretary or permanent representative at a time when the order is in force, an address satisfying such conditions as may be prescribed;
(b) as to the manner in which the address specified in relation to a company under section 723B(5) or this subsection may be changed.
(8) A company is an affected company for the purposes of subsection (1) if—
(a) it is required to deliver annual returns in accordance with section 363; and
(b) the individual has specified an address in relation to it under section 723B(5) or subsection (7) above.
(1) In section 723B “relevant company” means—
(a) a company formed and registered under this Act or an existing company; or
(b) an oversea company.
(2) For the purposes of sections 723B and 723C, an individual is a permanent representative of a company if—
(a) the company is a company to which section 690A applies; and
(b) he is authorised to represent the company as a permanent representative of the company for the business of one or more of its branches in Great Britain.
(3) In section 723C “confidential records” means so much of any records kept by the registrar for the purposes of the Companies Acts as contains information—
(a) which relates to an individual in relation to whom a confidentiality order is in force; and
(b) is recorded as particulars of the individual’s usual residential address that were contained in a document delivered to the registrar after the order came into force.
(4) In sections 723B and 723C—
“confidentiality order” means an order under section 723B;
“the court” means such court as may be specified in regulations;
“director” and “secretary”, in relation to an oversea company, have the same meanings as in Chapter 1 of Part 23 of this Act;
“document” has the same meaning as in Part 24 of this Act;
“prescribed” means prescribed by regulations.
(5) Section 715A(2) applies in relation to sections 723B and 723C as it applies in relation to Part 24 of this Act.
(6) Regulations may provide that in determining for the purposes of sections 723B and 723C whether a document has been delivered after the coming into force of a confidentiality order, any document delivered to the registrar after the latest time permitted for the delivery of that document shall be deemed to have been delivered at that time.
(7) For the purposes of section 723B(2)(a) and subsection (2) above it is immaterial whether or not the company in question has already been incorporated or become a relevant company or a company to which section 690A applies at the time of the application under section 723B.
(8) For the purposes of section 723C(1) and subsection (3) above, it is immaterial whether the record in question consists in the original document concerned.
(1) Regulations may provide—
(a) that any person who in an application under section 723B makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular, shall be guilty of an offence;
(b) that any person who discloses information in contravention of regulations under section 723C(4) shall be guilty of an offence.
(2) Regulations may provide that a person guilty of an offence under subsection (1) shall be liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both; and
(b) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both.
(1) In sections 723B to 723E “regulations” means regulations made by the Secretary of State.
(2) Any power of the Secretary of State to make regulations under any of those sections shall be exercisable by statutory instrument.
(3) Regulations under sections 723B to 723E—
(a) may make different provision for different cases;
(b) may contain such incidental, supplemental, consequential and transitional provision, as the Secretary of State thinks fit.
(4) The provision that may be made by virtue of subsection (3)(b) includes provision repealing or modifying any enactment.
(5) No regulations shall be made under any of sections 723B to 723E unless a draft of the instrument containing them has been laid before Parliament and approved by a resolution of each House.”
(3) In section 288 (register of directors and secretaries), after subsection (6) there shall be inserted—
“(7) Subsections (3) and (5) are subject to section 723B.”
(4) In section 709(1) (inspection, etc of records kept by the registrar), at the beginning there shall be inserted “Subject to section 723B,”.
(1) A person commits an offence if—
(a) he places on, or in the immediate vicinity of, a public telephone an advertisement relating to prostitution, and
(b) he does so with the intention that the advertisement should come to the attention of any other person or persons.
(2) For the purposes of this section, an advertisement is an advertisement relating to prostitution if it—
(a) is for the services of a prostitute, whether male or female; or
(b) indicates that premises are premises at which such services are offered.
(3) In any proceedings for an offence under this section, any advertisement which a reasonable person would consider to be an advertisement relating to prostitution shall be presumed to be such an advertisement unless it is shown not to be.
(4) A person guilty of an offence under this section is 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 both.
(5) In this section—
“public telephone” means—
any telephone which is located in a public place and made available for use by the public, or a section of the public, and
where such a telephone is located in or on, or attached to, a kiosk, booth, acoustic hood, shelter or other structure, that structure; and
“public place” means any place to which the public have or are permitted to have access, whether on payment or otherwise, other than—
any place to which children under the age of 16 years are not permitted to have access, whether by law or otherwise, and
any premises which are wholly or mainly used for residential purposes.
(6) In section 24 of the Police and Criminal Evidence Act 1984 (c. 60) (arrest without warrant for arrestable offences), in subsection (2) (offences which are arrestable offences), after paragraph (c) insert-
“(ca) an offence under section 46 of the Criminal Justice and Police Act 2001;”.
(1) The Secretary of State may, by order, provide for section 46 to apply in relation to any public structure of a description specified in the order as it applies in relation to a public telephone.
(2) In this section—
“public structure” means any structure that—
is provided as an amenity for the use of the public or a section of the public, and
is located in a public place; and
“public place” and “public telephone” have the same meaning as in section 46.
(3) At any time when an order under this section has effect, the reference in section 24(2) of the Police and Criminal Evidence Act 1984 (c. 60) to an offence under section 46 of this Act shall be construed as including an offence under that section by virtue of the order.
(4) The power to make an order under this section is exercisable by statutory instrument.
(5) No order may be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
In section 14(2) of the Crime and Disorder Act 1998 (c. 37) (maximum age of children to be subject to local child curfew schemes) for “under 10” there shall be substituted “under 16”.
(1) Section 14 of the Crime and Disorder Act 1998 (local child curfew schemes) shall be amended as follows.
(2) In subsection (1) (power to make schemes)—
(a) after “local authority” there shall be inserted “or a chief officer of police”; and
(b) after “the authority”, in each place where it appears, there shall be inserted “or (as the case may be) the officer”.
(3) After subsection (3) there shall be inserted—
“(3A) Before making a local child curfew scheme, a chief officer of police shall consult—
(a) every local authority any part of whose area lies within the area to be specified; and
(b) such other persons or bodies as he considers appropriate.”
(4) For subsection (4) there shall be substituted—
“(4) A local child curfew scheme shall, if made by a local authority, be made under the common seal of the authority.
(4A) A local child curfew scheme shall not have effect until it is confirmed by the Secretary of State.”
(5) In subsection (7)(b) after “authority” there shall be inserted “or (as the case may be) the chief officer of police”.
Criminal Justice and Police Act 2001