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Statutory Instruments

2009 No. 3017 (N.I. 2)

Security Industry

Northern Ireland

The Private Security Industry Act 2001 (Amendment) (Northern Ireland) Order 2009

Made

17th November 2009

Coming into operation in accordance with Article 1

At the Court at Buckingham Palace, the 17th day of November 2009

Present,

The Queen’s Most Excellent Majesty in Council

The Secretary of State has laid a document which contained a draft of this proposed Order before Parliament in accordance with section 85(4)(a) of the Northern Ireland Act 1998(1) and has referred that document to the Northern Ireland Assembly for its consideration in accordance with subsection (4)(b) of that section.

The period referred to in subsection (4)(c) of that section has ended.

A draft of this Order has been approved by a resolution of each House of Parliament.

Accordingly Her Majesty, in exercise of the powers conferred by section 85 of the Northern Ireland Act 1998, by and with the advice of Her Privy Council, makes the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Private Security Industry Act 2001 (Amendment) (Northern Ireland) Order 2009 and shall come into force on the day after the day on which it is made.

(2) In this Order “2001 Act” means the Private Security Industry Act 2001(2).

Amendment to the 2001 Act

2.  In section 4 of the 2001 Act (exemptions from licensing requirement), after subsection (12) insert—

(13) In its application to Northern Ireland subsection (12) has effect as if—

(a)for the definitions of “safety certificate”, “general safety certificate” and “special safety certificate” there were substituted—

“safety certificate”, “general safety certificate” and “special safety certificate”—

(a)

in relation to a sports ground, have the same meanings as in Part 2 of the Safety of Sports Grounds (Northern Ireland) Order 2006 (S.I. 2006/313 (N.I. 2) (“the 2006 Order”)) (see Article 3 of that Order);

(b)

in relation to a sports stand, have the same meanings as in Part 3 of the 2006 Order (see Article 12(1) of that Order);,

(b)for the definition of “sports ground” there were substituted—

“sports ground” has the same meaning as in the 2006 Order (see Article 2(2) of that Order);, and

(c)for the definition of “sports stand” there were substituted—

“sports stand” means a stand within the meaning of Part 3 of the 2006 Order (see Article 12 of that Order);..

3.  In paragraph 8(2) of Schedule 2 to the 2001 Act, after paragraph (l) insert—

(m)any premises in respect of which a licence under the Licensing (Northern Ireland) Order 1996 (S.I. 1996/3158 (N.I.22)) is in force;

(n)any place in respect of which an occasional licence under that Order is in force..

Judith Simpson

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Private Security Industry Act 2001 to take account of Northern Ireland legislation relating to sports grounds and sports stands and licensing law.

(1)

1998 c. 47. This section allows provision to be made dealing with any matter falling within a description specified in any of paragraphs 9 to 17 of Schedule 3 to the Northern Ireland Act 1998; the provisions of this Order fall within paragraph 9(c) of that Schedule. Under section 98(2) of that Act a provision deals with any matter or matters which it affects more than incidentally.

(2)

2001 c.12. This Act was extended to Northern Ireland by section 48(3) of the Justice and Security (Northern Ireland) Act 2007 c.6.