Crime and Security Act 2010

Section 42(8)

SCHEDULE 1 Extension 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) 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(a) the words from the beginning to “release of immobilised vehicles,” are repealed;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.

(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 (1) 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—

“23A Offences 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;”.