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

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

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);”

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 80^f2 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 84^f4 (contracting out prisons etc.) or 88A^f5 (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 1999^f6 (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 Act^f8; and

(d)

a person who is designated by a chief officer of police under section 39(2) of the Police Reform Act 2002^f9 (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 1991^f10;

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