Schedule 1
15.This Schedule contains detailed provisions about the constitution of the Security Industry Authority, including
membership (appointment, tenure and remuneration) (paragraphs 1-5);
employment of staff (paragraphs 6-7);
its ability to establish committees (paragraph 8);
delegation of the Authority’s functions to committees and staff (paragraph 9);
the conduct of the Authority’s proceedings (paragraphs 10-11);
the seal of the Authority and use of the Authority’s documents as evidence (paragraphs 12 and 13);
financial matters (payments to the Authority, accounts and auditing (paragraphs 14-16); and
the Authority’s production of an annual report, which the Secretary of State is to lay before Parliament (paragraph 17).
16.Paragraphs 18 to 23 extend to the Authority the provisions of legislation relating to public records, the Parliamentary Commissioner, the payment of pensions, disqualification for election to Parliament or the Northern Ireland Assembly and freedom of information. Paragraph 24 provides definitions of the terms used in Schedule 1.
Section 2: Directions by the Secretary of State
17.The Authority must comply with directions which the Secretary of State gives it (subsection (1)) and must provide any information that the Secretary of State requests (subsection (3)). The Secretary of State must consult the Authority before giving it any directions (subsection (2)).
Sections 3 –6 relate to the requirements for individuals to have a licence to work in designated sectors of the private security industry.
Section 3: Conduct prohibited without a licence
18.Subsection (1) creates the offence of engaging in conduct for which a licence is required (“licensable conduct”) when not in possession of an appropriate licence. The penalty for the offence - as set out in subsection (6)– is, on conviction in a magistrates’ court, up to six months’ imprisonment or a fine up to £5,000, or both. Subsection (2) andSchedule 2 together spell out what constitutes licensable conduct. Subsection (3) defines “designated activities” of a security operative as those designated by the Secretary of State, who can designate different activities in relation to different types of licensable conduct.
19.The following categories of people will need to have licences:
security contractors, directors of security companies and partners of security firms;
employees of security contractors, security companies and security firms;
agency operatives, whether they are directors or partners of the agency, employees of the agency or individuals who work for the agency on a contract basis;
employees who manage or supervise security operatives supplied under contract by a security contractor, a security company or a security firm or by an agency;
agency-supplied managers or supervisors of security operatives supplied under contract;
directors of security companies and partners of security firms who do not themselves carry out designated activities;
in-house door supervisors and wheelclampers and their employers, managers and supervisors;
others who wheelclamp vehicles on private land against a release fee.
20.Subsection (4) indicates that persons employed in companies using security services supplied under a contract for service are not themselves subject to regulation by virtue of their assuming management or supervisory responsibilities in relation to those security staff.
