Approved contractors
I3I12I1514 Register of approved contractors
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.
I1I8I10I14I1615 Arrangements for the grant of approvals
I51
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 F10in the United Kingdom ; and
b
seek approval in respect of any such services that they are providing, or are proposing to provide.
2
The arrangements must—
I5a
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;
I5b
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);
I5c
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;
I5d
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;
I5e
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)—
I5i
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
I4ii
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—
I4a
will comply, in providing the services in respect of which he is approved, with such technical and other requirements as may be prescribed;
I4b
is a person in relation to whom such other requirements as may be prescribed are, and will continue to be, satisfied;
I5c
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
I5d
is otherwise a fit and proper person to be approved in respect of those services.
I44
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.
I55
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.
I56
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).
I57
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.
I48
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.
I6I13I1716 Right to use approved status
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.
I2I9I1817 Imposition of requirements for approval
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.
I7I11I1918 Appeals relating to approvals
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,
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.
F23
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4
Where a
magistrates’ court makes a decision on an appeal under subsection (1), an appeal to the Crown Court
F6a
magistrates’ court makes a decision on an appeal under subsection (1), an appeal to the Crown Court, F7or
b
the sheriff makes a decision on an appeal under that subsection, an appeal to the Sheriff Principal,
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
F8i
ii
the sheriff or the Sheriff Principal may direct pending an appeal from a determination made on an appeal to the sheriff.
F116
In the application of this section to Northern Ireland a reference to the Crown Court shall be taken as a reference to a county court.