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URL: http://www.bailii.org/uk/legis/num_reg/2007/20070810.html
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| 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 2001[1], having regard to the definition of "prescribed" in section 24(1) of that Act.
In accordance with section 24(4)[2] of that Act he has consulted with the Scottish Ministers and the Security Industry Authority.
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 3[3] or 3A[4] of 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.
Interpretation
2. —(1) In these Regulations—
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"2001 Act" means the Private Security Industry Act 2001;
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"category of licensable activity" has the meaning given in paragraph (2);
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"category of licensable conduct" means either front line licensable conduct or non-front line licensable conduct;
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"front line licensable conduct" means conduct falling within section 3(2)(a), (b), (c), (h) or (j) of the 2001 Act; and
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"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—
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(a) activity to which paragraph 2(1)(b)[5] of 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) activity to which paragraph 2(1)(c) of Schedule 2 to the 2001 Act applies ("Close Protection");
(c) activity to which paragraphs 2 and 8[6] of Schedule 2 to the 2001 Act apply and which does not fall within sub-paragraph (a) or (b) ("Door Supervisor");
(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—
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(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) 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) activity to which paragraph 3 or 3A of Schedule 2 to the 2001 Act applies ("Vehicle Immobiliser"); or
(g) activity to which paragraph 6 of Schedule 2 to the 2001 Act applies ("Keyholder").
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).
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—
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(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) 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—
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(a) paragraph 2 (manned guarding);
(b) paragraph 3 (immobilisation of vehicles);
(c) paragraph 3A (restriction and removal of activities);
(d) paragraph 6 (keyholders); and
(e) paragraph 8 (door supervisors etc for public houses etc).
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—
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(a) front line licensable conduct which involves the carrying out of the activities specified in regulation 4(4)(d); or
(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—
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(a) the licensee shall display the licence on his person at all times he is engaging in any licensable conduct unless—
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(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) 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) the licensee shall return the licence to the Authority if the Authority so requests;
(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) the licensee shall notify the Authority as soon as practicable of any change in his name or address;
(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) the licensee shall not deface or alter his licence and shall not display a licence which has been defaced or altered;
(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) where the licence has been granted to any extent in reliance on the validity of a qualification or licence gained outside the United Kingdom—
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(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—
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(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) 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) carries his licence on his person; and
(d) is able to produce it on request.
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—
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(a) the licensee shall not immobilise, remove or restrict a vehicle in accordance with paragraph 3 or 3A of Schedule 2 to the 2001 Act if the vehicle is an invalid carriage or if a valid disability badge is displayed on the vehicle or if the vehicle is an emergency vehicle which is in use; and
(b) the licensee shall, on collecting any charge for the release of a vehicle that has been immobilised, removed or restricted in accordance with paragraph 3 or 3A of Schedule 2 to the 2001 Act, provide a receipt which contains the information specified in paragraph (3).
(3) The information specified for the purposes of this paragraph is—
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(a) the location where the vehicle was immobilised, removed or restricted;
(b) the date on which the vehicle was immobilised, removed or restricted;
(c) the name and signature of the licensee; and
(d) the licence number of the licensee.
(4) In this regulation—
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(a) "invalid carriage" has the same meaning as in section 253(5) of the Road Traffic Act 1960[7];
(b) "disability badge" means a badge issued under section 21 of the Chronically Sick and Disabled Persons Act 1970[8]; and
(c) "emergency vehicle" has the same meaning as in regulation 3(2) of the Road Vehicles Lighting Regulations 1989[9].
Scope of licence
7.
—(1) A licensee who holds a licence to engage in front line licensable conduct which involves the carrying out of any category of licensable activity may also under that same licence engage in non-front line licensable conduct which involves the carrying out of the same category of licensable activity.
(2) A licensee who holds a licence to engage in front line licensable conduct which involves the carrying out of a category of licensable activity listed in column 1 of table 1 may also under that same licence engage in any licensable conduct which involves the carrying out of a category of licensable activity, or activities of a particular description falling within a category of licensable activity, listed in the corresponding entry in column 2 of that table.
(3) A licensee who holds a licence to engage in non-front line licensable conduct which involves the carrying out of any category of licensable activity may also under that same licence engage in non-front line licensable conduct which involves the carrying out of any other category of licensable activity.
(4) A licensee who holds a licence to engage in any category of licensable conduct which involves the carrying out of any category of licensable activity may also under that same licence engage in any licensable conduct which involves the carrying out of any of the activities which fall within paragraph 6 of Schedule 2 to the 2001 Act (keyholding).
Table 1
Column 1
Column 2
door supervisor
security guard
close protection
security guard or door supervisor
public space surveillance (CCTV)
activities involving the use of CCTV equipment which fall within the security guard category of licensable activity
Fee to be paid on application for licence
8.
—(1) Subject to paragraph (2), the fee to be paid on application for the grant of a licence is prescribed as £245.
(2) Where a licensee is granted a licence (licence B) at any time when a previous licence granted to him (licence A) remains valid for a period of at least four months, the licensee may apply for a refund of 50% of the licence fee payable on application for licence B where the conditions specified in paragraph (3) are satisfied.
(3) The conditions specified for the purposes of this paragraph are—
(a) no refund under paragraph (2) has previously been granted to the licensee in respect of the application for licence A;
(b) licence B does not relate to any activities to which paragraph 3 or 3A of Schedule 2 to the 2001 Act applies; and
(c) licence B does not relate to the same category of licensable activity as licence A.
Transitional provision
9.
The fee prescribed in regulation 8(1) applies to any application for the grant of a licence which is received by the Authority on or after 6th April 2007.
Revocations
10.
—(1) The instruments listed in paragraph (2) are revoked.
(2) Those instruments are—
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(a) The Private Security Industry (Licences) Regulations 2004[10];
(b) The Private Security Industry (Licences) (Amendment) Regulations 2005[11];
(c) The Private Security Industry (Licences) (Amendment) (No. 2) Regulations 2005[12]; and
(d) The Private Security Industry (Licences) (Amendment) Regulations 2006[13].
Vernon Coaker
Parliamentary Under-Secretary of State
Home Office
13th March 2007
(This note is not part of the Regulations)
These Regulations consolidate with amendments the Regulations revoked by regulation 10 of these Regulations. These Regulations make provision in relation to applications to the Security Industry Authority for the grant of licences under the Private Security Industry Act 2001 ("the 2001 Act") to engage in licensable conduct.
Regulation 1(2) and (3) provides that these Regulations extend to Scotland except that provision made for licences to engage in licensable conduct involving activities under paragraph 3 or 3A of Schedule 2 to the 2001 Act (immobilisation, restriction and removal of vehicles) will not extend to licensable conduct undertaken in Scotland.
Regulation 3 prescribes the application form to be used for such applications. Regulation 4 prescribes the forms of licence to be issued for various types of licensable conduct. A distinction is made between licences for people who carry out that activity themselves (front line licensable conduct) and licences for those who act as manager, supervisor, employer or director etc of people who carry out that activity (non-front line licensable conduct), except in the case of keyholding activities.
Regulation 5 prescribes the conditions on which a licence may be granted and regulation 6 prescribes additional conditions which will apply to front line licences to engage in licensable conduct involving vehicle immobilisation, restriction or removal.
Regulation 7 makes provision for the scope of licences and in particular specifies where a licence in respect of one category of licensable activity will also be valid in respect of another category of licensable activity.
Regulation 8 specifies a fee of £245 to be paid to the Security Industry Authority on the making of an application for a licence and regulation 9 provides that this new fee applies to any application which is received by the Security Industry Authority on or after 6th April 2007. Previously a fee of £190 was specified and this is the principal amendment made by these Regulations. Regulation 10 revokes previous licence regulations made under the 2001 Act.
Notes:
[1] 2001 c. 12. Section 24(5) of the 2001 Act has been amended by paragraph 11(f) of Schedule 15 to the Serious Organised Crime and Police Act 2005 (c. 15).back
[2] Section 24(4) of the 2001 Act has been amended by paragraph 11(e) of Schedule 15 to the Serious Organised Crime and Police Act 2005.back
[3] Paragraph 3 of Schedule 2 to the 2001 Act has been amended by paragraphs 1 and 14 of Schedule 15 to the Serious Organised Crime and Police Act 2005, S.I. 2005/224 and S.I. 2006/1831.back
[4] Paragraph 3A of Schedule 2 to the 2001 Act was inserted by S.I. 2005/224 and has been amended by S.I. 2006/1831.back
[5] Paragraph 2 of Schedule 2 to the 2001 Act has been amended by S.I. 2006/1831.back
[6] Paragraph 8 of Schedule 2 to the 2001 Act has been amended by paragraph 118 of Schedule 6 to the Licensing Act 2003 (c. 17), paragraph 14(d) of Schedule 15 to the Serious Organised Crime and Police Act 2005 and S.I. 2006/1831.back
[7] 1960 c. 16. Section 253(5) has been amended by S.I. 1981/1373.back
[8] 1970 c. 44. Section 21 has been amended by the: Local Government Act 1972 (c. 70); Transport Act 1982 (c. 49); Road Traffic Regulation Act 1984 (c. 27); Local Government Act 1985 (c. 51); Road Traffic Act 1991 (c. 40); Local Government (Wales) Act 1994 (c. 19); Local Government (Scotland) Act 1994; Transport (Scotland) Act 2001; the Traffic Management Act 2004 (c. 18); the Disability Discrimination Act 2005 (c. 13); and Transport (Scotland) Act 2005. The amendments made by the Disability Discrimination Act 2005 are only in force in relation to England and those made by the Transport (Scotland) Act 2005 are not yet in force.back
[9] S.I. 1989/1796. Regulation 3(2) has been amended by S.I. 1994/2280 and S.I. 1994/2567.back
[10] S.I. 2004/255; which has been amended by S.I. 2005/237; S.I. 2005/2118; and S.I. 2006/3410.back
ISBN 978 0 11 076527 3