SCHEDULES
SCHEDULE 1Extension of private security industry licensing scheme: consequential and minor amendments
1
The Private Security Industry Act 2001 is amended as follows.
2
For the italic heading before section 3 (“Licence requirement”) there is substituted “
Licensing of individuals
”
.
3
1
Section 3 (conduct prohibited without a licence) is amended as follows.
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
F1In 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the words from the beginning to “release of immobilised vehicles,” are repealed;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.
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
”
.
5
Before section 5 there is inserted— “
Offences relating to use of unlicensed persons
”
.
6
1
Section 5 (offence of using unlicensed security operative) is amended as follows.
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
F21
Section 6 (offence of using unlicensed wheel-clampers) is amended as follows.
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
”.
8
In section 8 (licences), at the end there is inserted—
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.
9
In section 19 (powers of entry and inspection), in subsection (8), for paragraph (b) there is substituted—
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;
10
After section 23 there is inserted—
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.
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;