Explanatory Notes

Private Security Industry Act 2001

2001 CHAPTER 12

11 May 2001


Schedule 1

Section 3: Conduct prohibited without a licence

18.Subsection (1) creates the offence of engaging in conduct for which a licence is required (“licensable conduct”) when not in possession of an appropriate licence.  The penalty for the offence - as set out in subsection (6)– is, on conviction in a magistrates’ court, up to six months’ imprisonment or a fine up to £5,000, or both. Subsection (2) andSchedule 2 together spell out what constitutes licensable conduct.  Subsection (3) defines “designated activities” of a security operative as those designated by the Secretary of State, who can designate different activities in relation to different types of licensable conduct.

19.The following categories of people will need to have licences:

20.Subsection (4) indicates that persons employed in companies using security services supplied under a contract for service are not themselves subject to regulation by virtue of their assuming management or supervisory responsibilities in relation to those security staff.