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Private Security Industry Act 2001
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- 2001 c. 12
- Entry, inspection and information
- Section 19
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This version of this provision is prospective.
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Changes and effects yet to be applied to Section 19:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 19(1) text amended by 2010 c. 17 s. 42(5)(a)
- s. 19(1)(b) and word inserted by 2010 c. 17 s. 42(5)(b)
- s. 19(8)(b)(ba) substituted for s. 19(8)(b) by 2010 c. 17 Sch. 1 para. 9
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 2A inserted by 2005 c. 15 Sch. 15 para. 3
- s. 4A 4B inserted by 2010 c. 17 s. 42(2)
- s. 22A inserted by 2010 c. 17 s. 44(2)
- s. 23A inserted by 2010 c. 17 Sch. 1 para. 10
- s. 41(3) applied by 2001 c. 12 Sch. 1 para. 17(5) ( as inserted) by S.I. 2010/976 Sch. 16 para. 7(7)(b)
Commencement Orders yet to be applied to the Private Security Industry Act 2001:
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Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/2710 art. 2 3 commences (2001 c. 12)
- S.I. 2004/1431 art. 2 3 commences (2001 c. 12)
- S.I. 2004/2191 art. 2 3 commences (2001 c. 12)
- S.I. 2004/2591 art. 2 3 commences (2001 c. 12)
- S.I. 2004/3141 art. 2-4 commences (2001 c. 12)
- S.I. 2004/3230 art. 2 commences (2001 c. 12)
- S.I. 2005/243 art. 2 3 commences (2001 c. 12)
- S.I. 2005/1104 art. 2 commences (2001 c. 12)
- S.I. 2006/392 art. 2 commences (2001 c. 12)
- S.I. 2009/644 art. 3 commences (2001 c. 12)
- S.I. 2009/1058 art. 3 4 commences (2001 c. 12)
- S.S.I. 2006/382 art. 3 commences (2001 c. 12)
- S.S.I. 2007/242 art. 3 commences (2001 c. 12)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2005/362 art. 2 amendment to earlier commencing SI 2005/243
- S.I. 2005/910 art. 3 commences (2003 c. 39)
- S.I. 2005/3056 art. 2 3 commences (2003 c. 17)
- S.I. 2006/751 art. 2 commences (2003 c. 44)
- S.I. 2006/3272 art. 2 Sch. 1-3 commences (2005 c. 19)
- S.I. 2007/1157 art. 2-12 Sch. 1 2 amendment to earlier commencing SI 2006/3272
- S.I. 2007/2169 art. 2 amendment to earlier commencing SI 2006/3272
- S.I. 2008/504 art. 2-4 commences (2007 c. 21)
- S.I. 2009/446 art. 2 3 commences (2007 c. 6)
- S.I. 2011/3019 art. 3 Sch. 1 Comencement Order
- S.S.I. 2006/381 art. 2 commences (2005 c. 15)
- S.S.I. 2007/241 art. 2 commences (2005 c. 15)
Prospective
19 Powers of entry and inspectionE+W
This section has no associated Explanatory Notes
(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.
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