OpenLegislation

Paragraph 9

United Kingdom

(F11)

The Secretary of State shall grant an application for a licence unless satisfied that any of Conditions 1 to 4 applies.

(2)

Condition 1 for the refusal of a licence is that a proscribed organisation, or an organisation which appears to the Secretary of State to be closely associated with a proscribed organisation, would be likely to benefit from the licence (whether or not a condition were imposed under paragraph 10).

(3)

Condition 2 for the refusal of a licence is that there are reasonable grounds to suspect that any of the following is engaged in criminal activity—

(a)

a business involving the provision for reward of security services which is, was or is proposed to be carried on by the applicant,

(b)

a person whom the applicant employs or proposes to employ as a security guard,

(c)

a partner or proposed partner of the applicant (where the applicant is an individual),

(d)

a member or proposed member of the applicant (where the applicant is a partnership), and

(e)

an officer or proposed officer of the applicant (where the applicant is a body corporate).

(4)

Condition 3 for the refusal of a licence is that the applicant has persistently failed to comply with the requirements of this Schedule.

(5)

Condition 4 for the refusal of a licence is that the applicant has failed to comply with a condition imposed under paragraph 10.

(6)

In Condition 1 a reference to a benefit is a reference to any benefit—

(a)

whether direct or indirect, and

(b)

whether financial or not.

(7)

Paragraph 8(5) shall have effect for the purposes of Condition 2.

(8)

In Condition 3 the reference to this Schedule includes a reference to—

(a)

Part V of the Northern Ireland (Emergency Provisions) Act 1991 (c. 24) (private security services),

(b)

Part V of the Northern Ireland (Emergency Provisions) Act 1996 (c. 22) (private security services), and

(c)

Schedule 13 to the Terrorism Act 2000 (c. 11) (Northern Ireland: private security services).

Annotations

Textual amendments

F1

Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4