Prospective

27GuidanceU.K.

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

(2)The Secretary of State—

(a)must keep the guidance under review,

(b)may from time to time revise the guidance, and

(c)must publish any revised guidance.

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

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

(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.

(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.

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

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

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

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

(a)any obligation of confidence owed by the person disclosing the information, or

(b)any other restriction on the disclosure of information (however imposed).

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

(a)contravenes the data protection legislation, or

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

(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.

(6)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.

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

(a)delivering it by hand to the person,

(b)leaving it at the person’s proper address,

(c)sending it by post to the person at that address, or

(d)sending it to their email address.

(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.

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

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

(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.

(6)A person’s proper address is—

(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;

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

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

(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;

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

(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;

(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.

(8)A person’s email address is—

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

(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.

(9)In the case of—

(a)a body corporate registered outside the United Kingdom,

(b)a partnership carrying on business outside the United Kingdom, or

(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.

(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.

(11)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.

(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.

(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.

(1)In this Part—

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

• “contravention” includes a failure to comply;

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

• “document” includes information recorded in any form;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(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.