The Private Security Industry Act 2001 (Licences) Regulations 2007

JurisdictionUK Non-devolved
CitationSI 2007/810
Year2007

2007 No. 810

SECURITY INDUSTRY

The Private Security Industry Act 2001 (Licences) Regulations 2007

Made 13th March 2007

Laid before Parliament 16th March 2007

Coming into force 6th April 2007

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 8, 9 and 24(1) and (5) of the Private Security Industry Act 20011, having regard to the definition of “prescribed” in section 24(1) of that Act.

In accordance with section 24(4)2of that Act he has consulted with the Scottish Ministers and the Security Industry Authority.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Private Security Industry Act 2001 (Licences) Regulations 2007 and shall come into force on 6th April 2007.

(2) Subject to paragraph (3), these Regulations extend to England and Wales and Scotland.

(3) Nothing in these Regulations which relates to a licence to engage in licensable conduct involving the carrying out of activities to which either paragraph 33or 3A4of Schedule 2 to the 2001 Act (immobilisation, restriction and removal of vehicles) applies shall have effect in respect of activities of a security operative carried out in Scotland.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

“2001 Act” means the Private Security Industry Act 2001;

“category of licensable activity” has the meaning given in paragraph (2);

“category of licensable conduct” means either front line licensable conduct or non-front line licensable conduct;

“front line licensable conduct” means conduct falling within section 3(2)(a), (b), (c), (h) or (j) of the 2001 Act; and

“non-front line licensable conduct” means conduct falling within section 3(2)(d), (e), (f), (g) or (i) of the 2001 Act.

(2) “Category of licensable activity” means any one of the following—

(a)

(a) activity to which paragraph 2(1)(b)5of Schedule 2 to the 2001 Act applies and which involves the secure transportation of property in vehicles specially manufactured or adapted so as to have secure transportation as their primary function (“Cash and Valuables in Transit”);

(b)

(b) activity to which paragraph 2(1)(c) of Schedule 2 to the 2001 Act applies (“Close Protection”);

(c)

(c) activity to which paragraphs 2 and 86of Schedule 2 to the 2001 Act apply and which does not fall within sub-paragraph (a) or (b) (“Door Supervisor”);

(d)

(d) activity to which paragraph 2 of Schedule 2 to the 2001 Act applies, to which paragraph 8 of that Schedule may apply, which is carried out by a person who does not fall within section 3(2)(g), (h) or (i) of the 2001 Act and which involves the use of closed circuit television (“CCTV”) equipment to—

(i) monitor the activities of a member of the public in a public or private place; or

(ii) identify a particular person,

including the use of CCTV in these cases to record images that are viewed on non-CCTV equipment, for purposes other than identifying a trespasser or protecting property (“Public Space Surveillance (CCTV)”);

(e)

(e) activity to which paragraph 2 of Schedule 2 to the 2001 Act applies, to which paragraph 8 of that Schedule does not apply, which may be carried out in relation to any premises including licensed premises within the meaning of paragraph 8 of that Schedule and which does not fall within sub-paragraphs (a) to (d) (“Security Guard”);

(f)

(f) activity to which paragraph 3 or 3A of Schedule 2 to the 2001 Act applies (“Vehicle Immobiliser”); or

(g)

(g) activity to which paragraph 6 of Schedule 2 to the 2001 Act applies (“Keyholder”).

S-3 Application form to engage in licensable conduct

Application form to engage in licensable conduct

3. The form set out in Schedule 1, or a form to the like effect, is prescribed for the purposes of section 8(2)(a) of the 2001 Act (form of application for the grant of a licence).

S-4 Form of licence to engage in licensable conduct

Form of licence to engage in licensable conduct

4.—(1) The following forms of licence are prescribed for the purposes of section 8(5)(a) of the 2001 Act (form of licence to engage in any description of licensable conduct).

(2) The form set out in Schedule 2, or a form to the like effect, is prescribed in the case of a person who engages in front line licensable conduct which involves the carrying out of any of the activities specified in paragraph (4)(a), (b), (c) or (e).

(3) The form set out in Schedule 3, or a form to the like effect, is prescribed in the case of a person—

(a)

(a) who engages in front line licensable conduct which involves the carrying out of any of the activities specified in paragraph (4)(d); or

(b)

(b) who engages in non-front line licensable conduct which involves the carrying out of any of the activities specified in paragraph (4) and does not come within paragraph (2).

(4) The activities specified for the purposes of this paragraph are activities which fall within the following paragraphs of Schedule 2 to the 2001 Act—

(a)

(a) paragraph 2 (manned guarding);

(b)

(b) paragraph 3 (immobilisation of vehicles);

(c)

(c) paragraph 3A (restriction and removal of activities);

(d)

(d) paragraph 6 (keyholders); and

(e)

(e) paragraph 8 (door supervisors etc for public houses etc).

S-5 Licence conditions

Licence conditions

5.—(1) A licence granted by the Authority to a person to engage in front line licensable conduct which involves the carrying out of any of the activities specified in regulation 4(4)(a), (b), (c) or (e) shall be subject to all the conditions set out in paragraph (3).

(2) A licence granted by the Authority to a person to engage in—

(a)

(a) front line licensable conduct which involves the carrying out of the activities specified in regulation 4(4)(d); or

(b)

(b) non-front line licensable conduct which involves the carrying out of any of the activities specified in regulation 4(4),

which does not fall within paragraph (1), shall be subject to the conditions set out in paragraph (3)(b) to (i).

(3) The conditions specified for the purposes of this paragraph are—

(a)

(a) the licensee shall display the licence on his person at all times he is engaging in any licensable conduct unless—

(i) the licence is in the possession of the Authority;

(ii) its loss or theft has been notified in accordance with sub-paragraph (b); or

(iii) paragraph (4) applies;

(b)

(b) the licensee shall notify the Authority and the police as soon as practicable if he discovers that the licence has been lost or stolen;

(c)

(c) the licensee shall return the licence to the Authority if the Authority so requests;

(d)

(d) the licensee shall notify the Authority as soon as practicable if he receives any conviction or caution, or if he is charged, for an offence identified as a relevant offence for the purposes of this regulation by the Authority in the licensing criteria published under section 7 of the 2001 Act (licensing criteria);

(e)

(e) the licensee shall notify the Authority as soon as practicable of any change in his name or address;

(f)

(f) the licensee shall produce his licence for inspection on the request of any constable, any member or employee of the Authority or other person so authorised by a direction of the Authority;

(g)

(g) the licensee shall not deface or alter his licence and shall not display a licence which has been defaced or altered;

(h)

(h) the licensee shall notify the Authority as soon as practicable of any change to his right to remain or work in the United Kingdom;

(i)

(i) where the licence has been granted to any extent in reliance on the validity of a qualification or licence gained outside the United Kingdom—

(i) the licensee shall notify the Authority as soon as practicable of any changes to the validity of that qualification or licence; and

(ii) the licensee shall notify the Authority as soon as practicable of any disciplinary action taken or proposed to be taken against him in connection with that qualification or licence.

(4) This paragraph applies on any occasion where the licensee—

(a)

(a) engages in licensable conduct which does not relate to activities specified in regulation 4(4)(b) or (c) (immobilisation, restriction and removal of vehicles);

(b)

(b) can demonstrate that the nature of that conduct on that occasion requires that he not be immediately identifiable as someone engaging in such conduct;

(c)

(c) carries his licence on his person; and

(d)

(d) is able to produce it on request.

S-6 Additional conditions for front line licences for the immobilisation, restriction, removal of vehicles

Additional conditions for front line licences for the immobilisation, restriction, removal of vehicles

6.—(1) The granting of a licence to a person to engage in front line licensable conduct which involves the carrying out of any activities specified in regulation 4(4)(b) or (c) (immobilisation, restriction and removal of vehicles) shall be subject to the conditions specified in paragraph (2).

(2) The conditions specified for the purposes of this paragraph are—

(a)

(a) the licensee shall not immobilise, remove or restrict a vehicle in accordance...

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