- Latest available (Revised)
- Point in Time (03/01/2005)
- Original (As enacted)
Version Superseded: 28/02/2005
Point in time view as at 03/01/2005. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Private Security Industry Act 2001, Section 3 is up to date with all changes known to be in force on or before 29 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Subject to the following provisions of this Act, it shall be an offence for a person to engage in any licensable conduct except under and in accordance with a licence.
(2)For the purposes of this Act a person engages in licensable conduct if—
(a)he carries out any designated activities for the purposes of, or in connection with, any contract for the supply of services under which—
(i)he,
(ii)a body corporate of which he is a director, or
(iii)a firm of which he is a partner,
is or may be required to secure that any such activities are carried out;
(b)in the course of any employment of his by any person he carries out any designated activities for the purposes of, or in connection with, any contract for the supply of services under which his employer is or may be so required;
(c)he carries out any designated activities in accordance with directions given to him by or on behalf of a person to whom his services are supplied (whether or not for the carrying out of any such activities) by—
(i)a body corporate of which he is a director,
(ii)a firm of which he is a partner,
(iii)a person by whom he is employed, or
(iv)a person to whom he supplies his services under a contract for the purposes of which, or in connection with which, he is or may be required to work in accordance with the directions of another;
(d)he acts—
(i)in the course of any employment of his by any person, or
(ii)in accordance with any directions given as mentioned in paragraph (c),
as the manager or supervisor of one or more individuals required in the course of their employment to engage in licensable conduct falling within paragraph (b);
(e)he acts—
(i)in the course of any employment of his by any person, or
(ii)in accordance with any directions given as mentioned in paragraph (c),
as the manager or supervisor of individuals who are required in accordance with any such directions to engage in conduct which would be licensable conduct falling within paragraph (b) if they were required to engage in that conduct as the employees of the person to whom their services are supplied;
(f)he is the director of any body corporate or the partner of any firm at a time when another of the directors or partners of the body or firm, or any employee of the body or firm, engages in licensable conduct falling within any of paragraphs (a) to (e);
(g)he is the employer of an individual who in the course of any employment of his with that employer carries out any designated activities subject to additional controls;
(h)in the course of any employment of his, or for purposes connected with his being a director or partner of a body corporate or firm, he carries out designated activities subject to additional controls;
(i)in the course of any employment of his by any person he acts as the manager or supervisor of one or more individuals the duties of whose employment involve the carrying out of any designated activities subject to additional controls; or
(j)in circumstances in which it is proposed to impose a charge for the release of immobilised vehicles, he carries out on his own behalf or on behalf of another person any designated activities consisting in activities to which paragraph 3 of Schedule 2 (immobilisation of vehicles) applies.
(3)In this Act “designated activities” means such of the activities of a security operative as are for the time being designated for the purposes of this section by an order made by the Secretary of State; and an order under this subsection may designate different activities for the purposes of different paragraphs of subsection (2).
(4)For the purposes of this section a person shall not be treated as acting as the manager or supervisor of an individual by reason only of his giving directions to that individual in a case in which—
(a)the directions are given on behalf of a person to whom the individual’s services are provided under a contract for services, and
(b)the person who under the contract provides the individual’s services or another person acting on his behalf, acts as the manager or supervisor of that individual in relation to the activities carried out by him in accordance with those directions.
(5)Schedule 2 (which defines the activities that are to be treated as the activities of a security operative for the purposes of this Act and those which, so far as they are designated, are subject to additional controls) shall have effect.
(6)A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
Commencement Information
I1 S. 3(3) in force for certain purposes at 1.4.2003 by S.I. 2002/3125, art. 4(a)
I2S. 3(1) in force at 4.6.2004 for specified purposes by S.I. 2004/1431, art. 4
I3S. 3(1) in force at 13.9.2004 for specified purposes by S.I. 2004/2191, art. 2
I4S. 3(1)(2)(a)-(i) in force at 27.9.2004 for specified purposes by S.I. 2004/2191, art. 3
I5S. 3(1)(2)(a)-(i) in force at 18.10.2004 for specified purposes by S.I. 2004/2591, art. 2
I6S. 3(1)(2)(a)-(i) in force at 15.11.2004 for specified purposes by S.I. 2004/2591, art. 3
I7S. 3(1)(2)(a)-(i) in force at 13.12.2004 for specified purposes by S.I. 2004/3141, art. 3
I8S. 3(1)(2)(a)-(i) in force at 3.1.2005 for specified purposes by S.I. 2004/3141, art. 4
I9S. 3(2)(a)-(i) in force at 24.5.2004 for specified purposes by S.I. 2004/1431, art. 2
I10S. 3(2)(a)-(i) in force at 1.6.2004 for specified purposes by S.I. 2004/1431, art. 3
I11S. 3(3) in force at 1.2.2004 in so far as not already in force by S.I. 2003/2710, art. 3(a)
I12S. 3(4)-(6) in force at 1.2.2004 by S.I. 2003/2710, art. 3(a)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: