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Statutory Instruments
Security Industry
Made
19th June 2012
Laid before Parliament
20th June 2012
Coming into force
11th July 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 4 of the Private Security Industry Act 2001(1).
In accordance with section 4(1) of that Act, it appears to the Secretary of State that there are circumstances in which licensable conduct is engaged in only by persons to whom suitable alternative arrangements will apply; and she is satisfied that, as a consequence, it is unnecessary for persons engaging in any such conduct in those circumstances to be required to be licensed under the Act.
In accordance with section 24(4) of that Act(2), she has consulted the Scottish Ministers, the Department of Justice in Northern Ireland and the Security Industry Authority.
1. These Regulations may be cited as the Private Security Industry Act 2001 (Exemption) (Aviation Security) (Amendment) Regulations 2012 and shall come into force on 11th July 2012.
2. In regulation 4 of the Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2010(3)—
(a)in paragraph (1) omit the words “in a security restricted area”;
(b)in paragraph (2)(a) for “11.1.1 and 11.1.3” substitute “11.1.1 to 11.1.3”;
(c)in paragraph (2)(b) for “in paragraph (3)” substitute “in point 11.2 of the 2010 Regulation”; and
(d)omit paragraphs (3) and (4).
Lynne Featherstone
Parliamentary Under-Secretary of State
Home Office
19th June 2012
(This note is not part of the Regulations)
These Regulations amend the Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2010 (“the 2010 Regulations”). The 2010 Regulations exempt certain persons from the licensing requirement under section 3 of the Private Security Industry Act 2001 on the basis that suitable alternative arrangements are in place which make it unnecessary for those persons to be licensed.
The amendments made remove the requirement that the licensable conduct is being conducted in a “security restricted area”. The result is that the exemption covers all persons engaging in licensable conduct who are provided to implement or be responsible for the implementation of screening, access control or other security controls having been recruited and trained in accordance with Commission Regulation (EU) No 185/2010.
2001 c.12; there are amendments to section 4 that are not relevant to these Regulations.
Section 24(4) was amended by section 171 of and paragraphs 1 and 11(e) of Schedule 15 to the Serious Organised Crime and Police Act 2005 (c.15) and by S.I. 2010/976.
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