The Private Security Industry Act 2001 (Duration of Licence) (No. 2) Order 2006

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in respect of the duration of licences issued by the Security Industry Authority under section 8 of the Private Security Industry Act 2001 (“the 2001 Act”). It extends some provision made under the Private Security Industry Act 2001 (Duration of Licence) Order 2006 (“the 2006 Order”) to Scotland, makes further provision and consolidates.

Article 2 provides that this Order extends to Scotland except that provision made for licences in respect of activities under paragraph 3 or 3A of Schedule 2 to the 2001 Act (immobilisation, restriction and removal of vehicles) will not have effect in respect of activities undertaken in Scotland.

Article 3 of this Order provides that where such a licence is issued to persons engaged in front line licensable conduct in respect of those activities contained in paragraph 3 (immobilisation of vehicles) or paragraph 3A (restriction and removal of vehicles) of Schedule 2 to the 2001 Act, it shall remain in force for a period of one year beginning on the day on which it is granted. This provision was previously made under the 2006 Order in respect of England and Wales.

Article 4 of this Order provides that where such a licence is issued to persons by way of renewal, it shall remain in force for the sum of the period of time for which a new licence in respect of that licensable conduct would be issued were it not for the renewal (either three years by virtue of section 8(8)(a) of the 2001 Act or one year by virtue of article 3 of this Order) and, subject to a maximum period of three months, the maximum period for which the previous licence could have remained in force after the renewal was granted had that previous licence remained in force for the full period of time for which it was issued. For this purpose, a renewal is granted where the old licence is valid, when applying for renewal, for no more than four months and where the new licence covers the same category of licensable activity and the same category of licensable conduct as the previous licence. This provision was previously made under the 2006 Order in respect of England and Wales except that there was previously no three month maximum applied under article 4(2)(b) and it applied regardless of when a renewal application was made.

Article 5 revokes the 2006 Order but provides that the 2006 Order will continue to apply in respect of applications received before 1st February 2007.