SCHEDULES

SCHEDULE 1Extension of private security industry licensing scheme: consequential and minor amendments

Section 42(8)

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the words from the beginning to “release of immobilised vehicles,” are repealed;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