Part I.General
22.Paragraph 1(1) links the provisions in the main part of the Act to the activities listed below. Paragraph 1(2) allows the Secretary of State, by order, to add activities to, or exclude them from, Schedule 2. Under Paragraph 1(3) such orders would be subject to affirmative resolution.
Manned guarding
23.Paragraph 2(1) defines the activities covered as guarding premises against unauthorised access or occupation, outbreaks of disorder or damage; guarding property against destruction, damage or theft; and guarding one or more persons against assault. Paragraph 2(2) ensures that the definition of guarding premises includes door supervisors.Paragraph 2(3) provides that references to guarding include providing a physical presence, or carrying out patrols or surveillance to deter something happening or report what has happened. Paragraph 2(4) excludes persons solely checking tickets, invitations or passes. Paragraph 2(5) excludes persons who are not security operatives or ticket collectors, but whose work nevertheless involves a degree of maintaining order and discipline in a group. Paragraph 2(6) excludes persons who temporarily undertake any manned guarding activities in response to a sudden or unexpected occurrence.
Immobilisation of vehicles (wheelclamping)
24.Paragraph 3(1) defines the activity as immobilising a vehicle with an immobilising device. Paragraph 3(2) restricts the application to immobilisation performed in order to stop the removal of the vehicle by a person entitled to remove it. Paragraph 3(3) excludes vehicles parked on public highways which are covered by the provisions of the Road Traffic Act 1988.
Private investigators
25.Paragraph 4(1) defines the activities covered as surveillance, inquiries or investigations carried out for the purpose of obtaining information about a person or about a person’s activities or whereabouts. Under Paragraph 4(2)-(10) the following activities are excluded:
market research activities;
activities exclusively concerned with a credit check;
the professional activities of practising solicitors and barristers;
the professional activities of practising accountants
the professional activities of journalists and broadcasters;
activities relating to reference to registers which are open to the public; registers or records to which a person has a right of access; and published works;
activities carried out with the knowledge or consent of the subject of the investigation;
activities of a person which are incidental to those of a security operative.
Security consultants
26.Paragraph 5(1) defines the activities covered as giving advice about security precautions in relation to a person or property or the acquisition of services involving a security operative. Paragraph 5(2) excludes persons who provide legal or financial advice. Paragraph 5(3) excludes persons who are members of relevant accountancy bodies, as defined in Section 25. Paragraph 5(4) excludes persons who provide training.
Keyholders
27.Paragraph 6(1) defines the activities covered as keeping custody of, or controlling access to, any key or similar device for operating any lock. Paragraph 6(2) excludes those involved in the sale of premises or property. Paragraph 6(3) excludes the activities of a person which are incidental to those of a security operative. Paragraph 6(4) defines a lock.
