Office of Public Sector Information
(4) Section 11 shall apply in relation to a decision made by a local authority in accordance with an order under subsection (1) as it applies in relation to a decision of the Authority; and where it so applies it shall have effect as if the references in subsections (2) and (4) of that section to the Authority were a reference to the local authority that made the decision in question.
(5) The Secretary of State may by order make such provision repealing or modifying the provisions of any local enactment as he considers appropriate in consequence of the coming into force of any of the provisions of this Act or of an order under subsection (1).
(6) The Secretary of State shall consult the Authority before making an order under this section.
(7) In this section “local authority” means—
(a) the council for any county or district in England other than a metropolitan county the districts comprised in which are districts for which there are councils;
(b) the council for any London borough;
(c) the Common Council of the City of London;
(d) the Council of the Isles of Scilly;
(e) the council for any county or county borough in Wales.
(1) It shall be the duty of the Authority to establish and maintain a register of approved providers of security industry services.
(2) The Authority shall secure that the register contains particulars of every person who is for the time being approved under any arrangements in force under section 15.
(3) The particulars that must be recorded in every entry in the register relating to an approved person are—
(a) the name of that person;
(b) an address for that person which satisfies the prescribed requirements;
(c) the services in respect of which that person is approved;
(d) the time when the approval will cease to have effect unless renewed; and
(e) the conditions of the approval.
(4) It shall be the duty of the Authority to ensure that such arrangements are in force as it considers appropriate for—
(a) allowing members of the public to inspect the contents of the register; and
(b) securing that such publicity is given to any modification or withdrawal of an approval as will bring it to the attention of persons likely to be interested in it.
(5) The Authority may impose such fee as it considers reasonable for allowing a person to inspect the register or to take a copy of any part of it.
(1) It shall be the duty of the Authority to secure that there are arrangements in force for granting approvals to persons who—
(a) are providing security industry services in England and Wales; and
(b) seek approval in respect of any such services that they are providing, or are proposing to provide.
(2) The arrangements must—
(a) allow for an approval to be granted either in respect of all the services in respect of which it is sought or in respect of only some of them;
(b) ensure that an approval is granted to a person in respect of any services only if the condition for the grant of an approval is satisfied in accordance with subsection (3);
(c) provide for an approval granted to any person to have effect subject to such conditions (whether or not connected with the provision of the services in respect of which the approval is granted) as may be contained in the approval;
(d) enable a person to whom the Authority is proposing to grant an approval to refuse it if the proposal is in different terms from the approval which was sought;
(e) make provision for the handling of complaints and disputes which—
(i) are required by the conditions of an approved person’s approval to be dealt with in accordance with a procedure maintained by him in pursuance of those conditions; but
(ii) are not disposed of by the application of that procedure;
(f) provide for an approval to cease to have effect (unless renewed)—
(i) except in a case to which sub-paragraph (ii) applies, at the end of the period of three years beginning with the day on which it is granted; and
(ii) in a case for which provision as to the duration of the approval is made by the Secretary of State by order, for such other period beginning with that day as may be specified in the order;
(g) provide for the modification and withdrawal of approvals.
(3) The condition that must be fulfilled before an approval is granted to any person is that the Authority is satisfied that he—
(a) will comply, in providing the services in respect of which he is approved, with such technical and other requirements as may be prescribed;
(b) is a person in relation to whom such other requirements as may be prescribed are, and will continue to be, satisfied;
(c) is, and will continue to be, able and willing to comply with any requirements that the Authority is proposing to impose by means of conditions of the approval; and
(d) is otherwise a fit and proper person to be approved in respect of those services.
(4) Regulations made by virtue of paragraph (a) or (b) of subsection (3) may frame a requirement for the purposes of that subsection by reference to the opinion of a person specified in the regulations, or of a person chosen in a manner determined in accordance with the regulations.
(5) The requirements which (subject to subsection (6)) may be imposed by conditions contained in an approval in accordance with the arrangements include—
(a) requirements to provide information to such persons, in such form, at such times and in response to such requests as may be specified in or determined under the terms of the condition;
(b) requirements framed by reference to the opinion or directions of a person specified in or chosen in accordance with provision contained in the conditions.
(6) Nothing in the arrangements shall authorise the imposition, by conditions contained in an approval, of any requirements for—
(a) the provision of information, or
(b) the maintenance of a procedure for handling complaints or disputes,
in relation to any matter other than one appearing to the Authority to be relevant to the matters mentioned in subsection (3)(a) to (d).
(7) Any requirement to provide information that is imposed in accordance with the arrangements on any person by the conditions of his approval shall be enforceable at the suit or instance of the Authority.
(8) Where any arrangements under this section so provide, a person who—
(a) seeks an approval under the arrangements,
(b) applies for a modification of such an approval,
(c) is for the time being approved under the arrangements, or
(d) has his approval under the arrangements modified wholly or partly in consequence of an application made by him,
shall pay to the Authority, at such time or times as may be prescribed, such fee or fees as may be prescribed in relation to that time or those times.
(1) The Authority may approve the terms in which a person who is for the time being registered under section 14 as an approved provider of security industry services may hold himself out as so registered.
(2) A person is guilty of an offence if—
(a) he holds himself out as registered under section 14 as an approved provider of any security industry services when he is not so registered; or
(b) he is so registered but holds himself out as so registered in terms that have not been approved by the Authority in relation to his case.
(3) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(4) For the purposes of this section references in this section to a person’s holding himself out as registered as an approved provider of any services include references to his holding himself out to be a person who is for the time being approved in respect of those services in accordance with arrangements under section 15.
(1) The Secretary of State may by regulations provide that persons of prescribed descriptions are to be prohibited from providing prescribed security industry services unless they are for the time being approved in respect of those services in accordance with arrangements under section 15.
(2) A person is guilty of an offence if he contravenes any prohibition imposed on him by regulations under subsection (1).
(3) A person who—
(a) is approved in respect of any security industry services in accordance with arrangements under section 15, and
(b) would be prohibited by regulations under subsection (1) from providing those services except while for the time being so approved,
is guilty of an offence if he contravenes any of the conditions of his approval in respect of those services.
(4) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.
(5) The Secretary of State may by regulations make provision in relation to cases in which a person is required by regulations under subsection (1) to be approved in respect of any services in accordance with arrangements under section 15—
(a) for the conditions that are to be contained in his approval in relation to the handling of complaints made about the provision of those services; and
(b) generally in relation to the arrangements under that section that are to be made for such cases.
(1) Where—
(a) an application for an approval for the purposes of section 15 is refused,
(b) conditions are included as conditions of such an approval, or
(c) such an approval is modified or withdrawn,
the applicant or, as the case may be, the approved person may appeal to the appropriate magistrates' court against the Authority’s decision to refuse to grant the approval, to include those conditions or, as the case may be, to modify or to withdraw the approval.
(2) An appeal under subsection (1) must be brought before the end of the period of twenty-one days beginning with the day on which the decision appealed against was first notified to the appellant by the Authority.
(3) For the purposes of subsection (1) the appropriate magistrates' court is the magistrates' court for the petty sessions area in which is situated, as the case may be—
(a) the address for the appellant that has been supplied for the purpose of being recorded (if an approval is granted) in the register maintained under section 14; or
(b) the address for the appellant that is for the time being recorded in that register.
(4) Where a magistrates' court makes a decision on an appeal under subsection (1), an appeal to the Crown Court may be brought against that decision either by the Authority or by the person on whose appeal that decision was made.
(5) Where an application for the grant of an approval by way of a renewal is refused or an approval is withdrawn, the approval to which the application or withdrawal relates shall be deemed to remain in force—
(a) for the period during which an appeal may be brought under subsection (1);
(b) for the period from the bringing of any such appeal until it is determined or abandoned;
(c) for the period from any determination on appeal that an approval should be granted until effect is given to that determination, or it is overturned on a further appeal;
(d) during any such period as the appropriate magistrates' court or the Crown Court may direct, pending an appeal from a determination made on an appeal to that magistrates' court.
(1) Subject to subsections (3) and (4), a person authorised in writing for the purpose by the Authority may enter any premises owned or occupied by any person appearing to him to be a regulated person other than premises occupied exclusively for residential purposes as a private dwelling.
(2) A person authorised in writing for the purpose by the Authority may require any person appearing to him to be a regulated person to produce to him any documents or other information relating to any matter connected with—
(a) any licensable conduct which has been or may be engaged in by the person so appearing;
(b) the provision by the person so appearing of any security industry services;
(c) any matters in respect of which conditions are imposed on the person so appearing by virtue of a licence or of an approval granted in accordance with arrangements under section 15.
(3) A person exercising the power conferred by subsection (1) shall do so only at a reasonable hour.
(4) A person exercising such a power shall—
(a) comply with any reasonable request made (whether before or after entry is gained to the premises) by any person present on the premises to do any one or more of the following—
(i) state the purpose for which the power is being exercised;
(ii) show the authorisation by the Authority for his exercise of the power;
(iii) produce evidence of his identity;
(b) make a record of the date and time of his entry, the period for which he remained there and his conduct while there; and
(c) if requested to do so by any person present on the premises at the time of the entry, provide that person with a copy of that record.
(5) A person is guilty of an offence if—
(a) he intentionally obstructs any person in the exercise of any power conferred by subsection (1);
(b) he fails, without reasonable excuse, to comply with any requirement imposed by subsection (2); or
(c) he makes an unauthorised disclosure of any information obtained by him in the exercise of any power conferred by this section, or as a consequence of the exercise of any such power by another.
(6) For the purposes of this section a disclosure of information obtained by any person as mentioned in subsection (5)(c) is authorised if, and only if, it is made—
(a) for the purposes of the carrying out by the Authority of any of its functions under this Act; or
(b) for the purposes of any criminal proceedings.
(7) A person guilty of an offence under this section shall be liable, on summary conviction, to a term of imprisonment not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(8) In this section “regulated person” means—
(a) the holder of any licence granted under this Act;
(b) any person who engages in licensable conduct without being the holder of a licence under this Act;
(c) any person who is for the time being approved in accordance with arrangements under section 15 in respect of any services which regulations under section 17 prohibit him from providing unless so approved; or
(d) any person who is not so approved but provides security industry services which he is prohibited by any such regulations from providing.
(1) It shall be the duty of the Authority to prepare and publish a document containing its guidance as to the manner in which persons authorised to enter premises under subsection (1) of section 19 should—
(a) exercise the power conferred by that subsection; and
(b) conduct themselves after entering premises in exercise of that power.
(2) The Authority may from time to time revise the guidance published under this section; and, if it does so, it shall publish the revised guidance.
(3) A requirement under this section for the Authority to publish guidance or revised guidance shall be a requirement to publish it in such manner as appears to the Authority appropriate for bringing it to the attention of persons likely to be affected by it.
In section 115(5) of the Police Act 1997 (c. 50) (matters in respect of which an enhanced criminal record certificate may be required), after paragraph (g) there shall be inserted—
“(ga) a licence under the Private Security Industry Act 2001 to engage in any such licensable conduct (within the meaning of that Act) as will or may involve, or relate to, activities to which paragraph 8 of Schedule 2 to that Act applies (door supervisors etc. for public houses and clubs and comparable venues).”
(1) A person is guilty of an offence if for any purposes connected with the carrying out by the Authority of any of its functions under this Act—
(a) he makes any statement to the Authority which he knows to be false in a material particular; or
(b) he recklessly makes any statement to the Authority which is false in a material particular.
(2) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
Where an offence under any provision of this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a) a director, manager, secretary or other similar officer of the body corporate, or
(b) any person who was purporting to act in any such capacity,
he (as well as the body corporate) shall be guilty of that offence and liable to be proceeded against and punished accordingly.
(1) In this Act “prescribed” means prescribed by regulations made by the Secretary of State, or determined in any such manner and by such person as may be provided for in any such regulations; and “prescribe” shall be construed accordingly.
(2) Every power of the Secretary of State under this Act to make an order or regulations shall be exercisable by statutory instrument.
(3) A statutory instrument containing any order or regulations made under any provision of this Act, other than one containing either—
(a) an order under section 26(2); or
(b) an order a draft of which has been approved for the purposes of paragraph 1(3) or 7(3) of Schedule 2,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Before—
(a) making any regulations under any provision of this Act,
(b) making any order under any provision of this Act other than paragraph 1(2) or 7(2) of Schedule 2, or
(c) laying any draft order under paragraph 1(2) or 7(2) of Schedule 2 before Parliament,
the Secretary of State shall consult the Authority.
(5) Any order or regulations made under any of the preceding provisions of this Act or any provision contained in a Schedule to this Act may—
(a) make different provisions for different cases;
(b) contain such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit.
(1) In this Act—
“activities of a security operative” shall be construed in accordance with Part 1 of Schedule 2;
“activities subject to additional controls” shall be construed in accordance with Part 2 of that Schedule;
“the Authority” means the Security Industry Authority;
“contravention” includes a failure to comply, and cognate expressions shall be construed accordingly;
“designated activities” has the meaning given by section 3(3);
“director”—
in relation to a company (within the meaning of the Companies Act 1985 (c. 6)), includes a shadow director;
in relation to any such company that is a subsidiary of another, includes any director or shadow director of the other company; and
in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate;
“information” includes reports, references and other documents, photographs and data of any description;
“licence” means a licence from the Authority under this Act;
“licensable conduct” shall be construed in accordance with section 3(2);
“local statutory provision” means—
a provision of any local Act;
a provision of any instrument in the nature of a local enactment;
a provision of any instrument made under a local statutory provision;
“modification” includes amendments, additions and omissions, and cognate expressions shall be construed accordingly;
“motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle;
“premises” includes any vehicle or moveable structure and any other place whatever, whether or not occupied as land;
“relevant accountancy body” means any of the following—
the Institute of Chartered Accountants in England and Wales;
the Institute of Chartered Accountants of Scotland;
the Institute of Chartered Accountants in Ireland;
the Association of Chartered Certified Accountants;
the Chartered Institute of Management Accountants;
the Chartered Institute of Public Finance and Accountancy;
“security industry services” means services which are provided under a contract for services and in the course of which the person providing the services secures—
that the activities of a security operative are carried out; or
that a person is made available to carry out, under directions given by or on behalf of another person, any activities which will or are likely to consist of or include the activities of a security operative;
“surveillance” includes covertly listening to or recording conversations or other sounds and any method of covertly obtaining information;
“shadow director” means a shadow director as defined in section 741(2) of the Companies Act 1985;
“subsidiary” means a subsidiary as defined in section 736 of the Companies Act 1985 (c. 6);
“vehicle” includes any vessel, aircraft or hovercraft.
(2) In this Act references, in relation to a firm, to a member of the firm include references to any person who, in relation to that firm, is liable as a partner under section 14 of the Partnership Act 1890 (c. 39) (persons liable by “holding out”).
(1) This Act may be cited as the Private Security Industry Act 2001.
(2) The provisions of this Act, other than this section, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed under this subsection for different purposes.
(3) This Act extends to the United Kingdom for the purposes only of—
(a) the amendment of the Police Act 1997 (c. 50) by section 21; and
(b) the amendments by Schedule 1 of the following enactments—
(i) the Public Records Act 1958 (c. 51);
(ii) the Parliamentary Commissioner Act 1967 (c. 13);
(iii) the Superannuation Act 1972 (c. 11);
(iv) the House of Commons Disqualification Act 1975 (c. 24);
(v) the Northern Ireland Assembly Disqualification Act 1975 (c. 25); and
(vi) the Freedom of Information Act 2000 (c. 36).
(4) Subject to subsection (3), this Act extends to England and Wales only.
Private Security Industry Act 2001