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The Private Security Industry Act 2001 (Commencement No. 8) Order 2005

S.I. 2005/243 · Made 7 February 2005

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SECURITY INDUSTRY, ENGLAND AND WALES

Made 7th February 2005

The Secretary of State, in exercise of the powers conferred upon him by section 26(2) of the Private Security Industry Act 2001f1, having consulted the Security Industry Authority in accordance with section 24(4) of that Act, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2001 c. 12.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. 4Article 4
  5. 5Article 5
  6. Signature
  7. Explanatory note

1

(1)

This Order may be cited as the Private Security Industry Act 2001 (Commencement No. 8) Order 2005.

(2)

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

2

The following provisions of the 2001 Act shall come into force on 28th February 2005–

(a)

section 3(1) (conduct prohibited without a licence) to the extent not already in force;

(b)

section 3(2)(j) (conduct prohibited without a licence); and

(c)

section 6 (offence of using unlicensed wheel-clampers).

3

(1)

The following provisions of the 2001 Act shall come into force in the police areasf1 specified in paragraph (2) below on 28th February 2005–

(a)

section 3(2)(a) to (i) (conduct prohibited without a licence); and

(b)

section 5 (offence of using unlicensed security operatives).

(2)

The following police areas are specified for the purposes of paragraph (1) above–

(a)

Bedfordshire;

(b)

Essex;

(c)

Hertfordshire;

(d)

Kent;

(e)

Surrey;

(f)

Sussex; and

(g)

Thames Valley.

4

Section 3(2)(a) to (i) of the 2001 Act (conduct prohibited without a licence) shall come into force in the metropolitan police district and the City of London police area on 28th February 2005 only in respect of those activities set out in paragraph 3f1 (immobilisation of vehicles) and paragraph 3Af2 (restriction and removal of vehicles) of Schedule 2 to the 2001 Act.

5

Section 3(2)(a) to (i) (conduct prohibited without a licence) and section 5 (offence of using unlicensed security operatives) of the 2001 Act shall come into force on 11th April 2005 to the extent not already in force.

Signature

Hazel Blears

Minister of State

Home Office

7th February 2005

Explanatory note

(This note is not part of the Order)

Article 2 of this Order brings section 3(1) (to the extent not already in force) and (2)(j) and section 6 of the Private Security Industry Act 2001 into force on 28th February 2005. Article 3 of this Order brings section 3(2)(a) to (i) and section 5 of the 2001 Act into force on 28th February 2005 in the police areas of Bedfordshire, Essex, Hertfordshire, Kent, Surrey, Sussex and Thames Valley. Article 4 of this Order brings section 3(2)(a) to (i) of the 2001 Act into force on 28th February 2005 in the metropolitan police district and the City of London police area in respect of those activities set out in paragraphs 3 and 3A of Schedule 2 to the 2001 Act. Article 5 of this Order brings into force section 3(2)(a) to (i) and section 5 of the 2001 Act to the extent not already in force.

Section 3(1) of the 2001 Act creates an offence of engaging in any licensable conduct except under and in accordance with a licence and section 3(2)(a) to (j) identifies forms of licensable conduct for the purposes of the Act. Licensed conduct is defined by reference to licensable activities, which are defined in Schedule 2 to the 2001 Act, which have been designated under section 3(3) of the 2001 Act for the purposes of section 3. On the commencement of these provisions in accordance with this Order, section 3(1) and (2) of the 2001 Act will be in force throughout England and Wales and a licence will be required in respect of those licensable activities that have been designated under section 3(3) of that Act.

Section 5 of the 2001 Act creates the offence of using an unlicensed security operative and section 6 of that Act creates the offence of using an unlicensed wheel-clamper. On commencement of these provisions in accordance with this order these sections will be in force throughout England and Wales.