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Article 2 Exemption in relation to a controlled place

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Security work shall not be treated as a defined activity so long as it is carried out by a defined authority through an employee—

(a)

whose work may involve the exercise of a power, conferred by a relevant enactment, to take action to deal with a breach of that enactment in a controlled place, where that power cannot be exercised by anyone other than an employee of the defined authority or a constable, and

(b)

the greater part of whose work is carried out in relation to a controlled place.

(2)

In this article—

(a)

“controlled place” means any airport, burial ground, common, country park, educational premises, harbour, housing amenity land, market, open space, park, picnic site, pleasure ground, port, recreation ground or road playground; and

(b)

in paragraph (a)—

  • “airport” has the same meaning as in section 82(1) of the Airports Act 1986f1;

  • “burial ground” has the same meaning as in section 20 of the Open Spaces Act 1906f2;

  • “common” has the same meaning as in section 15 of the Commons Act 1899f3;

  • “country park” means a country park provided under section 7 of the Countryside Act 1968f4;

  • “educational premises” means any premises to which section 40 of the Local Government (Miscellaneous Provisions) Act 1982f5 applies;

  • “housing amenity land” means land in relation to which byelaws may be made, by virtue of section 23(2) of the Housing Act 1985f6;

  • “open space” has the same meaning as in section 20 of the Open Spaces Act 1906;

  • “picnic site” means a picnic site provided under section 10(2) of the Countryside Act 1968;

  • “pleasure ground” means any land held under section 164 of the Public Health Act 1875f7;

  • “relevant enactment” means section 40 of the Local Government (Miscellaneous Provisions) Act 1982f8, a local Act, or byelaws made under or by virtue of a power in any general or local Act; and

  • “road playground” means a road in relation to which an order has been made under section 29 of the Road Traffic Regulation Act 1984f9

Annotations

Footnotes

f1

1986 c. 31.

f2

1906 c. 25 (6 Edw 7).

f3

1899 c. 30 (62 & 63 Vict).

f4

1968 c. 41.

f5

1982 c. 30. Section 40 was amended by section 46 of the Criminal Justice Act 1982 (c. 48) and paragraphs 29 and 90 of Schedule 12 to the Education Reform Act 1988 (c. 40).

f6

1985 c. 68.

f7

1875 c. 55 (38 & 39 Vict).

f8

c. 30.

f9

1984 c. 7. Section 29 was substituted by paragraph 37 of Schedule 8 to the New Roads and Street Works Act 1991 (c. 22).