Section 16: Right to use approved status

54.     Subsection (1) allows the Authority to approve the way in which contractors registered under section 14 may advertise themselves as approved. (In practice, it is expected that they will be able to show a designated mark or logo on their stationery, in their advertising, etc.) Subsection (2) makes it an offence to claim approved status when this has not been awarded, or to misrepresent the terms under which it has been awarded. Subsection (3) sets out the penalty for the offence created by subsection (2). The penalty is, on conviction in a magistrates' court, a fine not exceeding the statutory maximum or, on conviction on indictment, a fine. Subsection (4) ensures that a person cannot evade the offence by holding himself out as approved without claiming to be on the register.

Section 17: Imposition of requirements for approval

56.     Subsection (2) makes it an offence to contravene any prohibition imposed by regulations under subsection (1). The effect of this is that, if the voluntary approved contractors scheme is ever made compulsory, it will be an offence to provide specified security services without being an approved contractor. Subsection (3) makes it an offence for a person who has approved contractor status to contravene any conditions attached to the approval. The penalty is set out in subsection (4).

57.     Subsection (5) allows the Secretary of State, under the compulsory scheme, to build into individual approvals conditions about the handling of complaints against the relevant firm, and more generally relating to the arrangements relating to the introduction of the compulsory scheme.

Section 18: Appeals relating to approval

58.     Subsection (1) provides an avenue of appeal to the appropriate magistrates' court against a decision of the Authority to refuse to grant approved contractor status, a decision to modify or withdraw approved contractor status or a decision to include conditions as part of an approval. Either the Authority or the original appellant may bring a further appeal to the Crown Court against the decision of the magistrates' court (subsection (4)). The appropriate magistrates' court in which any appeal is to be launched is, by virtue of subsection (3), the court for the petty sessions area for the address in respect of which the appellant is or would be recorded in the register of approved contractors created by Section 14. Appeals must be brought within 21 days of notification of the Authority's decision (subsection (2)). Subsection (5) provides that, where renewal of approved contractor status is refused or approval is withdrawn, the approval shall nonetheless remain in force for specified periods of time relating to the lodging, deciding and effect of the appeals processes.

Sections 19 - 22 relate to the Authority's powers of entry and inspection, and to its ability to demand the production of information.

Section 19: Powers of entry and inspection

60.     Subsection (3) requires the person exercising powers of entry under subsection (1) to do so only at reasonable times. Subsection (4) imposes certain requirements upon the person exercising the right of inspection, relating to stating the purpose of the inspection, evidence of identity and authorisation, and making a record of the inspection and giving a copy of the record to any person on the premises at the time of the inspection, if requested to do so.

61.     Subsection (5) makes it an offence:

• to obstruct a person exercising the power of entry under subsection (1);

• to fail without reasonable excuse to produce documents or information under subsection (2); or

• for a person exercising these powers to disclose information obtained in the process.

62.     Subsection (6) allows a person exercising authority under subsection (5) to disclose information obtained under that authority only for the purposes of the Authority's carrying out its functions, or for any criminal proceedings. Subsection (7) sets out the penalty for an offence under this section.

63.     Subsection (8) defines a regulated person as:

• a holder of a licence under the Act;

• a non-licence holder engaging in licensable conduct;

• an approved provider of security services under a compulsory approved contractor scheme, or

• a non-approved provider of security services under a compulsory approved contractor scheme, ie someone who is thereby prohibited from providing security services.

Section 20: Guidance as to exercise of power of entry

64.     Subsection (1) requires the Authority to prepare and publish guidance about the manner in which persons authorised with the power of entry and inspection under Section 19 should exercise it and the manner in which they should conduct themselves. Subsections (2) and (3) allow the Authority to revise the guidance from time to time, and require it to publish both the initial guidance and any revisions to it in a way which will bring it to the attention of those affected by it.

Section 21: Access to enhanced criminal record certificates

Section 22: False information

Section 23: Criminal liability of directors etc

Section 24:Orders and regulations

69.     Subsection (3) specifies the negative resolution procedure for most statutory instruments under the Act. The exceptions are statutory instruments which aim to extend the scope of compulsory licensing of in-house security operatives beyond wheelclampers and door supervisors or which amend the scope of those sectors of the industry providing security services under contract, as defined in Schedule 2. These require affirmative resolution. Subsection (4) requires the Secretary of State to consult the Authority before making any orders or regulations. Subsection (5) allows the Secretary of State to make orders and regulations reflecting different provisions for different cases and containing any incidental provisions as he thinks fit.

Section 25: Interpretation

Section 26: Short title, commencement and extent

TERRITORIAL EXTENT

72.     The provisions in this Act will extend to England and Wales only, apart from the amendments described in paragraph 67 above.

COMMENCEMENT

73.     The Act will be brought into force by means of commencement orders.

HANSARD REFERENCES

74.     The following tables set out the dates and Hansard references for each stage of the Act's passage through Parliament.

Stage	Date	Hansard reference
House of Lords
Introduction	7 December 2000	Vol 620 Col 32
Second Reading	18 December 2000	Vol 620 Cols 574-602
Committee	30 January 2001	Vol 621 Cols 562-626 and 643-682
Report	1 March 2001 5 March 2001	Vol 622 Cols 1354-1370 Vol 623 Cols 11-61
Third Reading	15 March 2001	Vol 623 Cols 1005-1024
House of Commons
Second Reading	28 March 2001	Vol 365 Cols 967-1059
Programme Debate	28 March 2001	Vol 365 Cols 1060-1075
Committee	10, 24, 26 April and 1 May 2001	Hansard Standing Committee B
Report and Third Reading	8 May 2001	Vol 368 Cols 31-89

Royal Assent  - 11 May 2001	House of Commons Hansard Vol 368 Col 406
	House of Lords Hansard Vol 624 Col 2282