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The Private Security Industry Act 2001 (Designated Activities) (Amendment) Order 2006

S.I. 2006/824 · Made 17 March 2006

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.

This Statutory Instrument has been made in consequence of a defect in SI 2006/426 and is being issued free of charge to all known recipients of that Statutory Instrument

SECURITY INDUSTRY, ENGLAND AND WALES

Made 17th March 2006

Laid before Parliament 17th March 2006

Coming into force 20th March 2006

The Secretary of State makes the following Order in exercise of the powers conferred by sections 3(3) and 24(5) of the Private Security Industry Act 2001f1.

In accordance with section 24(4)f2 of that Act he has consulted with the Security Industry Authority.

Annotations to the whole text

Footnotes

f1

2001 c. 12. Section 24(5) has been amended by paragraph 11(f) of Schedule 15 to the Serious Organised Crime and Police Act 2005 (c. 15) but the amendment is not yet in force.

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 but the amendment is not yet in force.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Private Security Industry Act 2001 (Designated Activities) Order 2006
  3. Signature
  4. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Private Security Industry Act 2001 (Designated Activities) (Amendment) Order 2006 and shall come into force on 20th March 2006.

(2)

This Order extends to England and Wales.

2Amendment of the Private Security Industry Act 2001 (Designated Activities) Order 2006

(1)

The Private Security Industry Act 2001 (Designated Activities) Order 2006f1 is amended as follows.

(2)

For article 2(2)(a) there is substituted—

“(a)

those set out in paragraph 2 of Schedule 2 to the 2001 Act (manned guarding) except in the cases specified in paragraph (3);”

(3)

After article 2(2) insert—

“(3)

The cases specified for the purposes of this paragraph are—

(a)

where the activities are carried out by any person pursuant to an arrangement made by the Secretary of State under section 80f2 of the 1991 Act (arrangements for the provision of prisoner escorts) or section 12 of, and Schedule 1 to, the 1994 Act (escort arrangements: England and Wales)f3;

(b)

where the activities are carried out by any person pursuant to a contract entered into by the Secretary of State under section 84f4 (contracting out prisons etc.) or 88Af5 (contracted out functions at directly managed prisons) of the 1991 Act or section 7 (contracting out of secure training centres) or 11 (contracted out functions at directly managed secure training centres) of the 1994 Act;

(c)

where the activities are carried out by a detainee custody officer who is certified under section 154(1) of the Immigration and Asylum Act 1999f6 (detainee custody officers) as authorised to perform those activities, or a prison custody officer exercising functions in accordance with section 154(5)f7 of that Act or as a result of a contract entered into under section 150(1)(b) of that Act, and the activities are carried out in accordance with Part 8 of that Act (removal centres and detained persons) and Schedules 11 (detainee custody officers) and 13 (escort arrangements) to that Actf8; and

(d)

a person who is designated by a chief officer of police under section 39(2) of the Police Reform Act 2002f9 (police powers for contracted-out staff) as a detention officer or escort officer or both and the activities are carried out pursuant to and in accordance with that designation.

(4)

For the purposes of paragraph (3)—

  • “the 1991 Act” means the Criminal Justice Act 1991f10;

  • “the 1994 Act” means the Criminal Justice and Public Order Act 1994f11.”

Signature

Paul Goggins

Parliamentary Under-Secretary of State

Home Office

17th March 2006

Explanatory note

(This note is not part of the Order)

This Order amends the Private Security Industry Act 2001 (Designated Activities) Order 2006 (“the 2006 Order”). Article 2(2)(a) of the 2006 Order designated, as of 20th March 2006, the activities of manned guarding for the purposes of section 3 of the Private Security Industry Act 2001 (“the 2001 Act”) making it licensable conduct. Section 3(1) of the 2001 Act makes it an offence to engage in licensable conduct except under and in accordance with a licence granted by the Security Industry Authority.

Article 2 of this Order replaces article 2(2)(a) of the 2006 Order and inserts a new article 2(3) and (4) into the 2006 Order with effect from 20th March 2006. Following amendment by this Order, article 2(2)(a), (3) and (4) of the 2006 Order will designate manned guarding activities for the purposes of section 3 of the 2001 Act, except in certain specified cases. The cases are where the activities are undertaken by certain persons operating in or in relation to a prison or secure training centre pursuant to certain arrangements, by detainee custody officers or prison custody officers performing equivalent functions and by certain persons designated by a chief officer of police.