Section 38 Applications for certificates.

Northern Ireland

(1)

An application for a certificate under this Part of this Act—

(a)

shall be made to the Secretary of State in such manner and form as he may specify, and

(b)

shall be accompanied by such information as he may specify concerning—

(i)

the applicant;

(ii)

any business carried on or proposed to be carried on by the applicant and involving the provision of security services for reward;

(iii)

any persons whom the applicant employs, or proposes to employ, as security guards;

(iv)

any partners or proposed partners of the applicant or (if the applicant is a partnership) the members, and any proposed members, of the partnership; and

(v)

if the applicant is a body corporate, the officers, and any proposed officers, of that body.

(2)

Any person who, in connection with any such application, knowingly or recklessly furnishes the Secretary of State with information which is false or misleading in a material respect is guilty of an offence and liable—

(a)

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;

(b)

on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

(3)

In this section—

(a)

“officer” includes a director, manager or secretary; and

(b)

any reference to the employment or proposed employment of any person or persons by an applicant for a certificate under this Part of this Act shall, in relation to an applicant who is, or is a member of, a partnership, be construed as a reference to the employment or proposed employment of any person or persons by the partnership or any of the partners.

(4)

For the purposes of this section a person in accordance with whose directions or instructions the directors of a body corporate are accustomed to act shall be treated as an officer of that body, except that a person shall not be so treated by reason only that the directors act on advice given by him in a professional capacity.

Notes on the whole Act

Textual amendments

F1

Act repealed (19.2.2001) by 2000 c. 11, s. 125(2), Sch. 16 Pt. I; S.I. 2001/421, arts. 2, 3

F2

Act ceased to have effect (subject to temporary extension of specified provisions as mentioned below) (20.7.2000) (temporary extension: by ss. 2(2), 128, Sch. 1 paras. 1, 2(1) of 2000 c. 11 there is continued in force for a period of 12 months beginning with 20.7.2000 any provision of the Act (except ss. 26(1)(b), 35 and 50) if and so far as it is in force immediately before 20.7.2000 by virtue of an order under s. 62(3) of this Act)

Act wholly repealed (19.2.2001) by virtue of 2000 c. 11, ss. 2(1)(b), 125(2), 128, Sch. 16 Pt. I; S.I. 2001/421, art. 2

Notes on Part V

Modifications

C1: Pt. V (ss. 37-44) amended (20.7.2000) by 2000 c. 11, ss. 2(2), 128, Sch. 1 para. 12