Prospective

27GuidanceU.K.

section 27 1 + (1)The Secretary of State must publish guidance about the requirements imposed by or under this Part.

section 27 2 + (2)The Secretary of State—

section 27 2 a + (a)must keep the guidance under review,

section 27 2 b + (b)may from time to time revise the guidance, and

section 27 2 c + (c)must publish any revised guidance.

section 27 3 + (3)Before publishing guidance under this section the Secretary of State must consult such persons as the Secretary of State considers appropriate.

section 27 4 + (4)The Secretary of State must lay any guidance published under this section before Parliament.

section 27 5 + (5)Where in any proceedings it is alleged that a person has contravened a requirement imposed by or under this Part, proof that the person acted in accordance with applicable guidance under this section may be relied on as tending to establish that there was no such contravention.

Prospective

28Disclosure of informationU.K.

section 28 1 + (1)Any person may disclose information to the Security Industry Authority for the purposes of the exercise by the Security Industry Authority of any of its functions under this Part.

section 28 2 + (2)The Security Industry Authority may disclose information held in connection with the exercise of any of its functions under this Part to—

section 28 2 a + (a)any person for the purposes of the exercise by the Security Industry Authority of any of its functions under this Part;

section 28 2 b + (b)any person with functions of a public nature for the purposes of the exercise by that person of any of those functions.

section 28 3 + (3)A disclosure of information required or authorised by this Part does not breach—

section 28 3 a + (a)any obligation of confidence owed by the person disclosing the information, or

section 28 3 b + (b)any other restriction on the disclosure of information (however imposed).

section 28 4 + (4)But nothing in this Part requires or authorises a disclosure of information that—

section 28 4 a + (a)contravenes the data protection legislation, or

section 28 4 b + (b)is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

section 28 5 + (5)In determining whether a disclosure would contravene the data protection legislation, the requirements imposed, and powers conferred, by this Part are to be taken into account.

section 28 6 + (6)term the data protection legislation + In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Prospective

29Means of giving noticesU.K.

section 29 1 + (1)A notice under this Part may be given to a person by—

section 29 1 a + (a)delivering it by hand to the person,

section 29 1 b + (b)leaving it at the person’s proper address,

section 29 1 c + (c)sending it by post to the person at that address, or

section 29 1 d + (d)sending it to their email address.

section 29 2 + (2)A notice to a body corporate may be given in accordance with subsection (1) to any officer or, if the body’s affairs are managed by its members, to any member.

section 29 3 + (3)A notice to a limited partnership may be given in accordance with subsection (1) to any general partner.

section 29 4 + (4)A notice to any other partnership may be given in accordance with subsection (1) to any partner.

section 29 5 + (5)A notice to any other unincorporated association may be given in accordance with subsection (1) to any person who is concerned in the management or control of the association.

section 29 6 + (6)A person’s proper address is—

section 29 6 a + (a)in a case where the person has specified an address in the United Kingdom as one at which the person, or someone acting on the person’s behalf, will accept service of notices or other documents, that address;

section 29 6 b + (b)in any other case, the address determined in accordance with subsection (7).

section 29 7 + (7)A person’s proper address is (if subsection (6)(a) does not apply)—

section 29 7 a + (a)in the case of a body corporate (including a notice given to an officer or member of the body), the address of its registered or principal office;

section 29 7 b + (b)in the case of a partnership (including a notice given to a partner), the address of its principal office;

section 29 7 c + (c)in the case of any other unincorporated association (including a notice given to a person who is concerned in the management or control of the association), its principal office;

section 29 7 d + (d)in a case where none of paragraphs (a) to (c) apply, any address at which the person giving the notice believes, on reasonable grounds, that the notice will come to the attention of the person.

section 29 8 + (8)A person’s email address is—

section 29 8 a + (a)any email address published for the time being by that person as an address for contacting that person;

section 29 8 b + (b)if there is no such published address, any email address by means of which the person giving the notice believes, on reasonable grounds, that the notice will come to the attention of that person.

section 29 9 + (9)In the case of—

section 29 9 a + (a)a body corporate registered outside the United Kingdom,

section 29 9 b + (b)a partnership carrying on business outside the United Kingdom, or

section 29 9 c + (c)any other unincorporated association with an office outside the United Kingdom,

references to its principal office include references to its principal office in the United Kingdom or, if it has no principal office in the United Kingdom, any place in the United Kingdom where it carries on its business or conducts its activities.

section 29 10 + (10)A notice sent to a person by email is, unless the contrary is proved, to be treated as having been given at 9am on the working day immediately following the day on which it was sent.

section 29 11 + (11)term working day + In subsection (10) “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

Prospective

31Civil liabilityU.K.

section 31 1 + (1)Except so far as this Part or regulations under this Part provide, nothing in this Part confers a right of action in any civil proceedings in respect of any contravention of a requirement imposed on any person by or under this Part.

section 31 2 + (2)Subsection (1) does not affect any right of action which exists apart from the provisions of this Part.

Prospective

33Interpretation of this PartU.K.

section 33 1 + (1)In this Part—

• term compliance notice + “compliance notice” means a notice under section 13;

• term contravention + “contravention” includes a failure to comply;

• term daily penalty + “daily penalty” has the meaning given by section 19;

• term document + “document” includes information recorded in any form;

• term enhanced duty premises + “enhanced duty premises” has the meaning given by section 2(3)(a);

• term general partner + “general partner” has the meaning given by section 3 of the Limited Partnerships Act 1907;

• term information + “information” includes documents, and any reference to providing information includes a reference to producing a document;

• term non compliance penalty + “non-compliance penalty” has the meaning given by section 17;

• term officer + “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body;

• term penalty notice + “penalty notice” has the meaning given by section 17;

• term qualifying event + “qualifying event” has the meaning given by section 3;

• term qualifying premises + “qualifying premises” has the meaning given by section 2(2);

• term relevant schedule 1 use + “relevant Schedule 1 use” has the meaning given by section 4(2);

• term restriction notice + “restriction notice” means a notice under section 14;

• term standard duty premises + “standard duty premises” has the meaning given by section 2(3)(b);

• term terrorism + “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1 of that Act);

• term the tribunal + “the tribunal” means the First-Tier Tribunal or, where determined by or under Tribunal Procedure Rules, the Upper Tribunal.

section 33 2 + (2)References in this Part to a person having control of premises is a reference to the person having control as occupier or otherwise.

section 33 3 + (3)References in this Part to acts of terrorism (however expressed) include the use or threat of action which it is reasonable to suspect may be being carried out in the course of, or in the planning or preparation of, an act of terrorism.