Private Security Industry Act 2001 (c. 12)

The Security Industry Authority E+W+S

1 The Security Industry Authority E+W+S

(1) There shall be a body corporate to be known as the Security Industry Authority (in this Act referred to as “the Authority”).

(2) The functions of the Authority shall be—

(a) to carry out the functions relating to licensing and approvals that are conferred on it by this Act;

(b) to keep under review generally the provision of security industry services and other services involving the activities of security operatives;

(c) for the purpose of protecting the public, to monitor the activities and effectiveness of persons carrying on businesses providing any such services as are mentioned in paragraph (b);

(d) to ensure the carrying out of such inspections as it considers necessary of the activities and businesses of—

(i) persons engaged in licensable conduct; and

(ii) persons registered under section 14 as approved providers of security industry services;

(e) to set or approve standards of conduct, training and levels of supervision for adoption by—

(i) those who carry on businesses providing security industry services or other services involving the activities of security operatives; and

(ii) those who are employed for the purposes of such businesses;

(f) to make recommendations and proposals for the maintenance and improvement of standards in the provision of security industry services and other services involving the activities of security operatives;

(g) to keep under review the operation of this Act.

(3) The Authority may do anything that it considers is calculated to facilitate, or is incidental or conducive to, the carrying out of any of its functions.

(4) Without prejudice to subsection (3), the Authority may, for any purpose connected with the carrying out of its functions—

(a) make proposals to the Secretary of State for the modification of any provision contained in or made under this Act; and

(b) undertake, or arrange for or support (whether financially or otherwise), the carrying out of research relating to the provision of security industry services and of other services involving the activities of security operatives.

(5) The Authority shall not be regarded—

(a) as the servant or agent of the Crown; or

(b) as enjoying any status, immunity or privilege of the Crown;

and the property of the Authority shall not be regarded as property of, or property held on behalf of, the Crown.

(6) Schedule 1 (which makes provision about the Authority) shall have effect.

Commencement Information

I1 S. 1 wholly in force; s. 1 not in force at Royal Assent, see s. 26(2); s. 1(6) in force at 1.1.2003 for certain purposes by S.I. 2002/3125, art. 2(a); s. 1 in force at 1.4.2003 in so far as not already in force by S.I. 2002/3125, art. 3(a)

I2 S. 1 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)

I3 S. 1 in force at 11.3.2009 for specified purposes for N.I. by S.I. 2009/644, art. 3

I4 S. 1 in force at 1.5.2009 for N.I. In so far as not already in force by S.I. 2009/1058, art. 3

2 Directions etc. by the Secretary of State E+W+S

(1) In carrying out its functions the Authority shall comply with any general or specific directions given to it in writing by the Secretary of State.

(2) Before giving directions under subsection (1), the Secretary of State

[F1 (a)] shall consult the Authority, [F2 and

(b) where any of those directions relates wholly or mainly to the exercise of the Authority's activities in or as regards Scotland, shall obtain the consent of the Scottish Ministers.]

[F3 (2A) Before giving a direction under subsection (1) the Secretary of State must obtain the consent of the Department of Justice so far as the direction relates to the Authority’s activities in or as regards Northern Ireland.]

(3) The Authority shall provide

[F4 (a)] the Secretary of State with such information about its activities as he may request, [F5 and

(b) the Scottish Ministers with such information about its activities in or as regards Scotland as they may request.] [F6 and]

[F7 (c) the Department of Justice with such information about the Authority’s activities in or as regards Northern Ireland as the Department of Justice may request.]

Textual Amendments

F1 Words in s. 2(2) renumbered as s. 2(2)(a) (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 2(a); S.S.I. 2006/381, art. 2(a)(i)(b)(i)

F2 S. 2(2)(b) and word added (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 2(a); S.S.I. 2006/381, art. 2(a)(i)(b)(i)

F3 S. 2(2A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 16 para. 2(2) (with arts. 28-31)

F4 Words in s. 2(3) renumbered as s. 2(3)(a) (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 2(b); S.S.I. 2006/381, art. 2(a)(i)(b)(i)

F5 S. 2(3)(b) and word added (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 2(b); S.S.I. 2006/381, art. 2(a)(i)(b)(i)

F6 Word in s. 2(3)(b) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 16 para. 2(3)(a) (with arts. 28-31)

F7 S. 2(3)(c) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 16 para. 2(3)(b) (with arts. 28-31)

Commencement Information

I5 S. 2 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)

I6 S. 2 in force at 1.5.2009 for N.I. by S.I. 2009/1058, art. 3

[F8 2A Authority to be treated as cross-border public authority etc. for certain purposes E+W+S

For the purposes of—

(a) section 5(5B) of the Parliamentary Commissioner Act 1967 (restriction on investigatory powers of Parliamentary Commissioner for Administration);

(b) section 23(2)(b) of the Scotland Act 1998 (power of Scottish Parliament to require persons outside Scotland to give evidence or produce documents);

(c) section 70(6) of that Act of 1998 (accounts prepared by cross-border authorities);

(d) section 91(3)(d) of that Act of 1998 (provision for investigation of certain complaints); and

(e) section 7(5) of the Scottish Public Services Ombudsman Act 2002 (restriction on investigatory powers of ombudsman),

the Authority is to be treated as a cross-border public authority within the meaning of that Act of 1998.]

Textual Amendments

F8 S. 2A inserted (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 3; S.S.I. 2006/381, art. 2(a)(i)(b)(i)