The Private Security Industry (Licences) (Amendment) Regulations 2006

Amendment of the Private Security Industry (Licences) Regulations 2004

2.—(1) The Private Security Industry (Licences) Regulations 2004(1) are amended as follows.

(2) After regulation 1(1) (citation and commencement) insert—

“(1A) Subject to paragraph (1B), these Regulations extend to England and Wales and Scotland.

(1B) Nothing in these Regulations which relates to a licence in respect of activities to which either paragraph 3(2) or 3A(3) of Schedule 2 to the Act (immobilisation, restriction and removal of vehicles) applies shall have effect in respect of activities of a security operative undertaken in Scotland.”.

(3) For regulation 1(3) (definition of category of licensable activity) substitute—

“(3) In these Regulations “category of licensable activity” means any one of the following—

(a) activity to which paragraph 2(1)(b)(4) of Schedule 2 to the Act applies and which involves the secure transportation of property in vehicles specially manufactured or adapted so as to have secure transportation as their primary function (“Cash and Valuables in Transit”);

(b) activity to which paragraph 2(1)(c) of Schedule 2 to the Act applies (“Close Protection”);

(c) activity to which paragraphs 2 and 8(5) of Schedule 2 to the Act apply and which does not fall within sub-paragraph (a) or (b) (“Door Supervisor”);

(d) activity to which paragraph 2 of Schedule 2 to the Act applies, to which paragraph 8 of that Schedule may apply, which is carried out by a person who does not fall under section 3(2)(g), (h) or (i) of the Act and which involves the use of closed circuit television (“CCTV”) equipment to—

(i) monitor the activities of a member of the public in a public or private place; or

(ii) identify a particular person,

including the use of CCTV in these cases to record images that are viewed on non-CCTV equipment, for purposes other than identifying a trespasser or protecting property (“Public Space Surveillance (CCTV)”);

(e) activity to which paragraph 2 of Schedule 2 to the Act applies, to which paragraph 8 of that Schedule does not apply, which may be carried out in relation to any premises including licensed premises within the meaning of paragraph 8 of that Schedule and which does not fall within sub-paragraphs (a) to (d) (“Security Guard”);

(f) activity to which paragraph 3 or 3A of Schedule 2 to the Act applies (“Vehicle Immobiliser”); or

(g) activity to which paragraph 6 of Schedule 2 to the Act applies (“Keyholder”).”

(4) In regulation 4(1) (licence conditions) omit “, 6”.

(5) In regulation 4B (scope of licence)—

(a) in paragraph (2) before “listed in the corresponding entry” insert “, or activities of a particular description falling within a category of licensable activity,”;

(b) for paragraph (3) substitute—

“(3) A licensee who holds a licence in respect of conduct under section 3(2)(d), (e), (f), (g) or (i) of the Act (person carrying out licensable conduct) relating to any category of licensable activity may also under that same licence undertake conduct under section 3(2)(d), (e), (f), (g) or (i) of the Act in relation to any other category of licensable activity.”;

(c) in Table 1, in column 1, after the entry “close protection” insert the entry “Public Space Surveillance (CCTV)”; and

(d) in Table 1, in column 2, after the entry “security guard or door supervisor” insert the entry “activities involving the use of CCTV equipment which fall within the security guard category of licensable activity”.

(6) For Schedule 3 (non front line licence) substitute the Schedule set out in the Schedule to these Regulations.

(1)

S.I. 2004/255, which has been amended by S.I. 2005/237 and S.I. 2005/2118.

(2)

Paragraph 3 of Schedule 2 to the Act has been amended by paragraphs 1 and 14 of Schedule 15 to the Serious Organised Crime and Police Act 2005, S.I. 2005/224 and S.I. 2006/1831.

(3)

Paragraph 3A of Schedule 2 to the Act was inserted by S.I. 2005/224 and has been amended by S.I. 2006/1831.

(4)

Paragraph 2 of Schedule 2 to the Act has been amended by S.I. 2006/1831.

(5)

Paragraph 8 of Schedule 2 to the Act has been amended by paragraph 118 of Schedule 6 to the Licensing Act 2003 (c. 17), paragraph 14(d) of Schedule 15 to the Serious Organised Crime and Police Act 2005 and S.I. 2006/1831.