Article 2 Exemption in relation to a controlled place
Security workf1 shall not be treated as a defined activity so long as it is carried out by a defined authority through an employee—
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
at least 80 per cent. of whose working time is occupied carrying out security work at a controlled place.
In this article—
“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
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“relevant enactment” means section 40 of the Local Government (Miscellaneous Provisions) Act 1982f2, a local Act, or byelaws made under or by virtue of a power in any general or local Act.
in the immediately preceding sub-paragraph (a), in the definition of “controlled place”,—
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“airport” has the same meaning as in section 82(1) of the Airports Act 1986f3;
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“burial ground” has the same meaning as in section 20 of the Open Spaces Act 1906f4;
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“common” has the same meaning as in section 15 of the Commons Act 1899f5;
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“country park” means a country park provided under section 7 of the Countryside Act 1968f6;
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“educational premises” means any premises to which section 40 of the Local Government (Miscellaneous Provisions) Act 1982 applies;
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“housing amenity land” means land in relation to which byelaws may be made, by virtue of section 23(2) of the Housing Act 1985f7;
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“open space” has the same meaning as in section 20 of the Open Spaces Act 1906;
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“picnic site” means a picnic site provided under section 10(2) of the Countryside Act 1968;
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“pleasure ground” means any land held under section 164 of the Public Health Act 1875f8; and
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“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
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Security work is a defined activity by virtue of the Local Government Act 1988 (Competition) (Defined Activities) Order 1994 (S.I. 1994/2884).
- f2
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1982 c. 30. Section 40 was amended by section 46 of the Criminal Justice Act 1982 (c. 48) and paragraph 55 of Schedule 37 to the Education Act 1996 (c. 56).
- f3
- f4
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1906 c. 25 (6 Edw 7).
- f5
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1899 c. 30 (62 & 63 Vict).
- f6
- f7
- f8
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1875 c. 55 (38 & 39 Vict).
- f9
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1984 c. 7. Section 29 was substituted by paragraph 37 of Schedule 8 to the New Roads and Street Works Act 1991 (c. 22).