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The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009

S.I. 2009/3043 · Made 18 November 2009 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 October 2012.

Security Industry

Made 18th November 2009

Coming into force 19th November 2009

The Secretary of State, in exercise of the powers conferred by paragraphs 1(2) and 7(2) of Schedule 2 to the Private Security Industry Act 2001f1, makes the following Order.

In accordance with paragraphs 1(3) and 7(3) of Schedule 2 to that Act a draft of this Order has been laid before Parliament and approved by a resolution of each House of Parliament.

In accordance with section 24(4)f2 of that Act the Secretary of State has consulted the Scottish Ministers and the Security Industry Authority before laying a draft of this Order before Parliament.

Annotations to the whole text

Footnotes

f1

2001 c.12. This Act was extended to Northern Ireland by section 48(3) of the Justice and Security (Northern Ireland) Act 2007 c.6.

f2

Section 24(4) of the 2001 Act has been amended by paragraph 11(e) of Schedule 15 to the Serious Organised Crime and Police Act 2005 (c.15).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendments to Part 1 of Schedule 2 to the 2001 Act
  3. 3Article 3 Repealed
  4. 4Article 4 Repealed
  5. 5Amendments to Part 2 of Schedule 2 to the 2001 Act
  6. 6Amendments to Part 2 of Schedule 2 to the 2001 Act
  7. 7Amendments to Part 2 of Schedule 2 to the 2001 Act
  8. Signature
  9. Explanatory note

1Citation, commencement and interpretationI1

(1)

This Order may be cited as the Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 and shall come into force on the day after the day on which it is made.

(2)

In this Order “the 2001 Act” means the Private Security Industry Act 2001.

2Amendments to Part 1 of Schedule 2 to the 2001 ActI1

(1)

Paragraph 2(7) of Schedule 2 to the 2001 Act (Manned guarding) is amended as follows.

(2)

After paragraph (aa)f1, insert—

“(ab)

activities that are carried out by virtue of an arrangement made under section 118 of the Criminal Justice and Public Order Act 1994f2 (arrangements for the provision of prisoner escorts: Northern Ireland);”.

(3)

After paragraph (ca)f3, insert—

“(cb)

activities that are carried out by virtue of an arrangement made under Article 50(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998f4(attendance centres) or Article 51(2) of that Order (juvenile justice centres);”.

(4)

After paragraph (fa)f5, insert—

“(fb)

activities of a person designated by the Chief Constable of the Police Service of Northern Ireland under section 30 of the Police (Northern Ireland) Act 2003f6 (police powers for designated police support staff) which are carried out in the course of that person’s employment as a member of the police support staff;

(fc)

activities of a person designated by the Chief Constable of the Police Service of Northern Ireland under section 30A of the Police (Northern Ireland) Act 2003f7 (community support officers) which are carried out in the course of that person’s employment as a member of the police support staff;”.

(5)

After paragraph (g), insert—

“(ga)

activities of a person designated by the Chief Constable of the Police Service of Northern Ireland under section 31(2) of the Police (Northern Ireland) Act 2003 (police powers for designated contracted-out staff) which are carried out for the purposes of the performance of a contract entered into under section 31(1) of that Act by that person’s employer;”.

(6)

After paragraph (k), insert—

“(ka)

activities of a person appointed as a special constable in Northern Ireland by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847f8 (harbour and dock police) which are carried out in the execution of that office;”.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Amendments to Part 2 of Schedule 2 to the 2001 ActI1

After paragraph 8(1BC)f1 of Schedule 2 to the 2001 Act (Door supervisors etc for public houses, clubs and comparable venues), insert—

“(1BD)

This paragraph applies to activities carried out in relation to licensed premises in Northern Ireland only if they are carried out at or in relation to times when—

(a)

intoxicating liquor (within the meaning of the Licensing (Northern Ireland) Order 1996f2 is being sold or supplied for consumption on the premises; or

(b)

an entertainment to which paragraph 1 or 2 of Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985f3 applies is being provided on the premises.”.

6Amendments to Part 2 of Schedule 2 to the 2001 ActI1

After paragraph 8(2)(n) of Schedule 2 to the 2001 Act (as inserted by the Private Security Industry Act 2001 (Amendment) (Northern Ireland) Order 2009), insert—

“(o)

any place in respect of which an entertainments licence within the meaning of Schedule 1 to the Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1985 is in force.”.

7Amendments to Part 2 of Schedule 2 to the 2001 ActI1

(1)

Paragraph 8(3)f1 of Schedule 2 to the 2001 Act is amended as follows.

(2)

After paragraph (b), insert—

“(ba)

in relation to any occasion on which the premises are being used exclusively for the purposes of a registered club within the meaning of the Registration of Clubs (Northern Ireland) Order 1996f2;”.

(3)

At the end of paragraph (cc)f3 omit “or”.

(4)

After paragraph (cc), insert—

“(cd)

in relation to any occasion on which a bingo club licence within the meaning of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985f4 is in force in respect of the premises and the premises are being used wholly or mainly for the purposes for which the licence is required;

(ce)

in relation to any occasion on which a licence permitting theatrical performances is in force in respect of the premises under the Local Government (Miscellanous Provisions) (Northern Ireland) Order 1985 and the premises are being used wholly or mainly for the purposes of a theatrical performance for which the licence is required;

(cf)

in relation to any occasion on which a licence within the meaning of the Cinemas (Northern Ireland) Order 1991f5 is in force in respect of the premises and the premises are being used wholly or mainly for the purposes for which the licence is required; or”.

Signature

Paul Goggins

Minister of State

Northern Ireland Office

18th November 2009

Explanatory note

(This note is not part of the Order)

Schedule 2 to the Private Security Industry Act 2001 lists various activities of security operatives that are prohibited if they are carried out without a Security Industry Authority licence once the activity has been designated as licensable conduct by an order under section 3(3) of the Act. The Schedule also sets out a number of specific exceptions to this regime. This Order adds a number of new exceptions relating to Northern Ireland to the Schedule and also amends the definitions of some of the activities listed in the Schedule in order to take account of Northern Ireland legislation.