Office of Public Sector Information

158.The Secretary of State shall not revoke a licence unless the holder has been notified of his intention to revoke the licence. Neither shall the licence be revoked by the Secretary of State unless the holder has been given a reasonable opportunity to make representations to the Secretary of State.

159.Paragraph 14 states that upon the refusal or revocation of a licence, or in the event of having conditions imposed on it, the applicant may appeal to the High Court. Where an appeal is brought to the High Court, the Secretary of State may issue a certificate to show that his decision was made in order to prevent a proscribed organisation, an organisation closely associated with a proscribed organisation or a person engaged in criminal activity, from benefiting from that licence; and can be justified by these reasons. The appellant shall be notified of the Secretary of State’s decision to issue a certificate, and may appeal against the certificate to the Tribunal established by the Northern Ireland Act 1998.

160.Where a licence-holder or an applicant proposes to employ a security guard about whom information was not given under paragraph 8, paragraphs 16 to 19 state that he shall give the Secretary of State specified information about the security guard, no less than 14 days before his employment is to commence. Where there is a relevant change in personnel (changes to the members of a partnership or officers of a body corporate), the Secretary of State must be given any information as he may specify at least 14 days before the change in personnel, or as soon as is reasonably practical. It is an offence if a person fails to give the Secretary of State information he has requested about a proposed security guard or a change in personnel.

161.Paragraph 20 provides that a constable may enter premises where security services are being provided and require records about employed security guards to be produced for his inspection. He may use reasonable force to enter the premises, and he must identify himself as a constable. It is an offence if the provider of security services does not produce the records that the constable requires. Paragraph 21 provides that it is also an offence if he keeps records about any employees which he knows are false or misleading.

162.Paragraph 22 states that where an offence is committed by a body corporate with the consent of an officer, or due to the neglect of an officer, the officer as well as the body corporate shall be guilty of the offence.

163.Paragraph 23 states that any information required by the Secretary of State must be in writing and may be sent by post. It also sets out how the Secretary of State may serve a notice on an individual, a partnership or a body corporate.

Commencement

164.The provisions of the Act will come into force on a day appointed by order made by statutory instrument, except sections 21 to 40 (and Schedules 3 and 4), which come into force on 1 August 2007, sections 9 and 51 to 54, which come into force on Royal Assent, and the repeals and revocations in Schedule 7, which come into force at the same time as the provisions of the Act to which they relate. Commencement orders may appoint different days for different purposes and make transitional or saving provision relating to commencement.

Hansard References

165.The following table sets out the dates and Hansard references for each stage of this Act’s passage through Parliament.

Royal Assent – 24 May 2007 House of Lords Hansard Vol. 692 Col. 757

House of Commons Hansard Vol. 460 Col. 1427