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The Private Security Industry Act 2001 (Modification of Local Enactments) (No. 2) Order 2004

S.I. 2004/1268 · Made 5 May 2004

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 S.I. 2004/916 and is being issued free of charge to all known recipients of that Statutory Instrument.

SECURITY INDUSTRY, ENGLAND AND WALES

Made 5th May 2004

Laid before Parliament 7th May 2004

Coming into force 10th May 2004

The Secretary of State, in exercise of the powers conferred upon him by section 13(5) of the Private Security Industry Act 2001f1, having consulted the Security Industry Authority in accordance with sections 13(6) and 24(4) of that Act, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

2001 c. 12.

Contents

  1. 1Citation and commencement
  2. 2City of Newcastle upon Tyne Act 2000
  3. 3London Local Authorities Act 1995
  4. 4Revocation
  5. Signature
  6. Explanatory note

1Citation and commencement

—This Order may be cited as the Private Security Industry Act 2001 (Modification of Local Enactments) (No. 2) Order 2004 and shall come into force on 10th May 2004.

2City of Newcastle upon Tyne Act 2000

(1)

Section 15 of the City of Newcastle upon Tyne Act 2000f1 shall be modified as follows.

(2)

After subsection (3) there is inserted—

“(4)

In proceedings for an offence under this section it is a defence for the accused to show that he holds a licence issued by the Security Industry Authority under section 8 of the Private Security Industry Act 2001 (c. 12) entitling him to act as a door supervisor or that the person he employed as a door supervisor holds such a licence and, in either case, that any conditions applicable to the licence were observed.”

3London Local Authorities Act 1995

(1)

Section 39 of the London Local Authorities Act 1995f1 shall be modified as follows.

(2)

After subsection (3) there is inserted—

“(4)

In proceedings for an offence under this section it is a defence for the accused to show that he holds a licence issued by the Security Industry Authority under section 8 of the Private Security Industry Act 2001 (c. 12) entitling him to act as a door supervisor or that the person he employed as a door supervisor holds such a licence and, in either case, that any conditions applicable to the licence were observed.”

4Revocation

The Private Security Industry Act 2001 (Modification of Local Enactments) Order 2004f1 is hereby revoked.

Signature

Hazel Blears

Minister of State

Home Office

5th May 2004

Explanatory note

(This note is not part of the Order)

The City of Newcastle upon Tyne Act 2000 and the London Local Authorities Act 1995 both make provision for the setting up of a register of door supervisors and make it an offence to act as, or employ, an unregistered door supervisor. This Order modifies those enactments to provide that it is a defence to any prosecution to show that the person acting as, or employed as, a door supervisor was licensed to engage in that activity by the Security Industry Authority and was complying with the terms of his licence.

Article 4 of this Order revokes the Private Security Industry Act 2001 (Modification of Local Enactments) Order 2004 which contained a defect.