Search Legislation

Crime and Security Act 2010

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

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. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Crime and Security Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Prospective

Section 42(8)

SCHEDULE 1E+W+S+N.I.Extension of private security industry licensing scheme: consequential and minor amendments

This schedulenoteType=Explanatory Notes has no associated

1The Private Security Industry Act 2001 is amended as follows.E+W+S+N.I.

2For the italic heading before section 3 (“Licence requirement”) there is substituted “ Licensing of individuals ”.E+W+S+N.I.

3(1)Section 3 (conduct prohibited without a licence) is amended as follows.E+W+S+N.I.

(2)For the heading there is substituted “ Individual licensing requirement ”.

(3)In subsection (1)—

(a)for “a person” there is substituted “ an individual ”;

(b)for “licensable conduct” there is substituted “ conduct licensable under this section ”;

(c)at the end there is inserted “ under this section ”.

(4)In subsection (2)—

(a)for “a person”, where first occurring, there is substituted “ an individual ”;

(b)for “licensable conduct”, wherever occurring, there is substituted “ conduct licensable under this section ”.

(5)In that subsection, in paragraph (j)—

(a)the words from the beginning to “release of immobilised vehicles,” are repealed;

(b)after “paragraph 3” there is inserted “ or 3A ”;

(c)after “immobilisation of vehicles” there is inserted “ and restriction and removal of vehicles ”.

4(1)Section 4 (exemptions from licensing requirement) is amended as follows.E+W+S+N.I.

(2)In the heading, after “from” there is inserted “ individual ”.

(3)In subsection (1)(a), for “licensable conduct” there is substituted “ conduct licensable under section 3 ”.

(4)In subsection (1)(b), for “this Act” there is substituted “ section 3 ”.

(5)In subsection (3), at the end there is inserted “ under section 3 ”.

(6)In subsection (4)(b), after “a licence” there is inserted “ under section 3 ”.

(7)In subsections (6) and (7), for “licensable conduct” there is substituted “ conduct licensable under section 3 ”.

5Before section 5 there is inserted— “ Offences relating to use of unlicensed persons ”.E+W+S+N.I.

6(1)Section 5 (offence of using unlicensed security operative) is amended as follows.E+W+S+N.I.

(2)In subsection (1)(c)—

(a)for “licensable conduct” there is substituted “ conduct licensable under section 3 ”;

(b)at the end there is inserted “ under that section ”.

(3)In subsection (2)(a), after “a licence” there is inserted “ under section 3 ”.

(4)In subsection (2)(b)—

(a)for “licensable conduct” there is substituted “ conduct licensable under section 3 ”;

(b)at the end there is inserted “ under that section ”.

(5)In subsection (3), after “a licence” there is inserted “ under section 3 ”.

7(1)Section 6 (offence of using unlicensed wheel-clampers) is amended as follows.E+W+S+N.I.

(2)In subsection (1)(a)—

(a)after “paragraph 3” there is inserted “ or 3A ”;

(b)after “immobilisation of vehicles” there is inserted “ and restriction and removal of vehicles ”.

(3)In subsection (1)(b)—

(a)for “licensable conduct” there is substituted “ conduct licensable under section 3 ”;

(b)after “licence” there is inserted “ under that section ”.

(4)In subsection (2)(a)—

(a)for “individual in question” there is substituted “ person carrying out the activities ”;

(b)after “licence” there is inserted “ under section 3 or 4A (as the case may be) ”.

(5)In subsection (2)(b)—

(a)for “individual” there is substituted “ person ”;

(b)for “licensable conduct” there is substituted “ conduct licensable under section 3 or 4A (as the case may be) ”;

(c)at the end there is inserted “ under that section ”.

(6)In subsection (3)—

(a)for “an individual” there is substituted “ a person ”;

(b)for “section 4” there is substituted “ this Act ”.

8In section 8 (licences), at the end there is inserted—E+W+S+N.I.

(9)Where a licence is granted to an unincorporated association, the licence continues to have effect notwithstanding a change of members of the association, so long as at least one of the persons who was a member before the change remains a member after it.

9In section 19 (powers of entry and inspection), in subsection (8), for paragraph (b) there is substituted—E+W+S+N.I.

(b)any individual who engages in conduct licensable under section 3 without being the holder of a licence under that section;

(ba)any person who engages in conduct licensable under section 4A without being the holder of a licence under that section;.

10After section 23 there is inserted—E+W+S+N.I.

23AOffences committed by unincorporated associations

(1)Proceedings for an offence under this Act alleged to have been committed by an unincorporated association shall be brought against it in its own name.

(2)For the purposes of such proceedings—

(a)rules of court relating to the service of documents shall have effect as if the association were a body corporate;

(b)the following provisions shall apply as they apply in relation to a body corporate—

(i)section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980;

(ii)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995;

(iii)section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (SI 1981/1675 (N.I. 26)).

(3)Where a fine is imposed on an unincorporated association on its conviction for an offence under this Act, the fine shall be paid out of the funds of the association.

11(1)In section 25 (interpretation), subsection (1) is amended as follows.E+W+S+N.I.

(2)In the definition of “licence”, after “means” there is inserted “ (unless otherwise specified) ”.

(3)For the definition of “licensable conduct” there is substituted—

a person engages in “licensable conduct” if he engages in conduct which is licensable under section 3 or 4A;.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources