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Private Security Industry Act 2001

Section 4: Exemptions from licensing requirement

31.Subsection (1) allows the Secretary of State to make regulations exempting people from the requirement to have a licence in certain circumstances. The circumstances arise when a person engaged in security activities is, in the judgement of the Secretary of State, already subject to vetting arrangements which are equivalent to those introduced by this legislation. In such circumstances it is unnecessary for them to be subject also to the proposed new licensing requirements. Subsection (2) enables the Secretary of State to delegate to the Authority the power to decide that equivalent vetting arrangements apply in respect of employers. Subsection (3) requires these other vetting arrangements to satisfy the Secretary of State that they offer equivalent protection to the public.

32.Subsection (4) establishes that no offence under Section 3 (which defines those security activities for which a personal licence will be required) is committed by someone who has a pending application for a licence to operate as a director, partner or employee in the security industry if the company of which he is a director, the firm of which he is a partner or his employer has been registered under Section 14 as an approved supplier of security services and is authorised by the Authority temporarily to engage someone in such circumstances.Subsection (5) extends this facility to agency staff.

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