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Justice and Security (Northern Ireland) Act 2007

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This sectionnoteType=Explanatory Notes has no associated

8E+W+S+N.I.

8[F1(1)An application for a licence shall be made to the Secretary of State—E+W+S+N.I.

(a)in such manner and form as he may specify, and

(b)accompanied by such information as he may specify.

(2)The Secretary of State may specify information only if it concerns—

(a)the applicant,

(b)a business involving the provision of security services for reward which is, was or is proposed to be carried on by the applicant,

(c)a person whom the applicant employs or proposes to employ as a security guard,

(d)a partner or proposed partner of the applicant (where the applicant is an individual),

(e)a member or proposed member of the applicant (where the applicant is a partnership),

(f)an officer or proposed officer of the applicant (where the applicant is a body corporate).

(3)A person commits an offence if in connection with an application for a licence he—

(a)makes a statement which he knows to be false or misleading in a material particular, or

(b)recklessly makes a statement which is false or misleading in a material particular.

(4)A person guilty of an offence under sub-paragraph (3) shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b)on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

(5)For the purposes of this paragraph—

(a)a reference to employment or proposed employment by an applicant for a licence shall, where the applicant is a partnership or a member of a partnership, be construed as a reference to employment or proposed employment by the partnership or by any of its partners,

(b)officer” includes a director, manager or secretary,

(c)a person in accordance with whose directions or instructions the directors of a body corporate are accustomed to act shall be treated as an officer of that body, and

(d)the reference to directions or instructions in paragraph (c) does not include a reference to advice given in a professional capacity.F1]

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