Section 40 Duty to notify Secretary of State of changes of personnel.
Northern Ireland
Where—
an application has been made by any person under section 38, and
that person proposes to employ a person as a security guard as from a relevant time, and
information concerning the proposed employee was not furnished to the Secretary of State in pursuance of section 38(1)(b)(iii) at the time when the application was made,
the person who made the application shall, not later than fourteen days before that relevant time, notify to the Secretary of State such information concerning the proposed employee as the Secretary of State may specify.
Where an application has been made by any person under section 38, that person shall notify to the Secretary of State such information concerning any change to which this subsection applies as the Secretary of State may specify, and shall so notify any such information—
not later than fourteen days before the change occurs; or
if that is not reasonably practicable, as soon as is reasonably practicable.
Subsection (2) applies—
in relation to an application made by a partnership or by a member of a partnership, to any change occurring at a relevant time in the members of the partnership, and
in relation to an application made by a body corporate, to any change occurring at a relevant time in the officers of that body,
unless the change involves a person becoming a partner or officer and information relating to that change was furnished to the Secretary of State in pursuance of section 38(1)(b)(iv) or (v) at the time when the application was made.
Any person who contravenes subsection (1) or (2) is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.
In this section “relevant time”, in relation to an application made under section 38, means a time when—
the application has been neither granted nor refused by the Secretary of State; or
a certificate issued in pursuance of the application is in force under this Part of this Act;
and subsections (3) and (4) of that section apply also for the purposes of this section.
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Act repealed (19.2.2001) by 2000 c. 11, s. 125(2), Sch. 16 Pt.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