Question proposed, That the clause stand part of the Bill.

The Chair::

With this it will be convenient to discuss the following:

Clause stand part.

Amendment 24, in clause 9, page 6, line 19, leave out paragraph (a).—(Tom Tugendhat.)

This amendment prevents the Secretary of State from specifying further matters relating to qualifying premises or a qualifying event on which the responsible person would have to inform the Security Industry Authority.

Clauses 9 and 10 stand part.

Clause 8 places a requirement upon certain duty holders to co-ordinate or co-operate with each other when complying with requirements. Subsections (1) and (2) deal with instances whereby there is more than one responsible person, requiring those persons to co-ordinate so far as is reasonably practicable with the requirements imposed upon them. An example of this may be a joint venture between two parties with equal control. The requirement applies to all premises and events within scope of the legislation. It will ensure organisation between mutually invested parties and encourage unified decision making in relation to the requirements placed upon them.

Subsections (3) and (4) concern where one qualifying premises forms part of another. The persons responsible for both premises must so far as is reasonably practicable co-ordinate with each other in complying with the relevant legislative requirements. The purpose of this provision is to ensure that responsible persons in such scenarios, such as a shopping centre, combine efforts or actions to reach mutually effective and compliant outcomes in relation to relevant requirements. That might, for example, entail the shopping centre operator liaising with different units in scope to ensure there is a co-ordinated and effective evacuation plan.

Subsections (5) and (6) concern where a person has some form of control of an enhanced duty premises or event, but is not the responsible person. Where that is the case, they must so far as is reasonably practicable co-operate with each other in complying with the relevant legislative requirements. Examples of persons in control but not the responsible person would be a building owner who has leased the premises to a separate operator, or a landowner who has given permission for a qualifying event to take place on their land. The purpose of this requirement is to assist the responsible person in ensuring that appropriate public protection measures are in place under clause 6. In instances where they require relevant permissions or support from other parties who have some control over the premises, there is a duty placed on such parties to co-operate so far as is reasonably practicable.

Subsection (7) specifies that a requirement under this section does not extend to a requirement imposed by a penalty notice. Those responsible may require co-ordination or co-operation from other duty holders in regards to meeting relevant requirements, including compliance and restriction notices, but this does not extend to penalty notices. If there is a dispute in relation to scenarios of co-ordination or co-operation, clause 11 enables interested persons to apply for certain determinations by a tribunal. The tribunal may be asked to determine whether a person is a responsible person, or the extent to which a person who is not a responsible person has control of the premises. In summary, placing a requirement upon relevant responsible persons and duty holders to co-ordinate or co-operate will further drive compliance with the Bill’s requirements and therefore better protect the public.

I turn briefly to clause 9, which requires those responsible for qualifying premises or events to notify the SIA when they become or cease to be responsible for premises or events. Those responsible for premises or an event must notify the SIA of that responsibility upon commencement of the legislation. If a person becomes responsible for premises or an event after the legislation has commenced, they too must notify the SIA of that. The requirements of the clause will assist the SIA in knowing which premises and events within scope of the legislation are actively demonstrating compliance and so identifying those who are not. The time limit within which notifications must be made will be specified by the Secretary of State in regulations. Clause 9 also sets out that the Secretary of State may, via regulations, specify the form and manner in which notifications must be sent and the information that is required to be included in a notification, such as information about the premises or event and contact details for the responsible person.

Clause 10 places a legislative requirement on those responsible for all enhanced duty premises and qualifying events to designate a senior individual where the responsible person is not an individual. Examples of responsible persons that are not individuals are bodies corporate, limited partnerships and unincorporated associations. The individual undertaking the role must be someone who is involved in the management of, or has some form of control within, the organisation—for example, a director or partner, rather than a lower-level employee. That will help ensure that the individual appointed has appropriate influence and seniority to drive forward compliance with the requirements. The senior individual may delegate actions that relate to the relevant legislative requirements to ensure they are complied with. However, they cannot delegate their overall responsibility for ensuring compliance.

Question put and agreed to.

Clause 8 accordingly ordered to stand part of the Bill.

Clauses 9 and 10 ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Keir Mather.)

Adjourned till this day at Two o’clock.