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STATUTORY INSTRUMENTS


2005 No. 2118

SECURITY INDUSTRY, ENGLAND AND WALES

The Private Security Industry (Licences) (Amendment) (No. 2) Regulations 2005

  Made 27th July 2005 
  Laid before Parliament 1st August 2005 
  Coming into force 19th August 2005 

The Secretary of State, in exercise of the powers conferred upon him by sections 8, 9 and 24(5) of the Private Security Industry Act 2001[1], having regard to the definition of "prescribed" in section 24(1) of that Act, and having consulted the Security Industry Authority in accordance with section 24(4) of that Act, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Private Security Industry (Licences) (Amendment) (No. 2) Regulations 2005 and shall come into force on 19th August 2005.

Amendment of the Private Security Industry (Licences) Regulations 2004
    
2. The Private Security Industry (Licences) Regulations 2004[2] shall be amended in accordance with the following regulations.

     3. In regulation 1 (citation, commencement and interpretation) after paragraph (2) there shall be inserted the following paragraph—

     4. —(1) In regulation 3(a) (form of licence to engage in licensable conduct) for "paragraph 3 of Schedule 2 to the Act (immobilisation of vehicles), paragraph 3A of Schedule 2 to the Act (restriction and removal of vehicles) or paragraph 8 of Schedule 2 to the Act (door supervisors, etc for public houses etc)" substitute "paragraph 2 (manned guarding), 3 (immobilisation of vehicles), 3A (restriction and removal of vehicles) or 8 (door supervisors, etc for public houses etc) of Schedule 2 to the Act".

    (2) After regulation 3(a) insert—

    (3) In regulation 3(b) of the 2004 Regulations (form of licence to engage in licensable conduct) for "paragraph 3 of Schedule 2 to the Act (immobilisation of vehicles), paragraph 3A of Schedule 2 to the Act (restriction and removal of vehicles) or paragraph 8 of Schedule 2 to the Act" substitute "paragraph 2 (manned guarding), 3 (immobilisation of vehicles), 3A (restriction and removal of vehicles), 6 (keyholders) or 8 (door supervisors, etc for public houses etc) of Schedule 2 to the Act".

    
5. —(1) In regulation 4(1) (licence conditions) for "paragraph 3, 3A or 8 of Schedule 2" substitute "paragraph 2, 3, 3A, 6 or 8 of Schedule 2".

    (2) In regulation 4(2)(a) of the 2004 Regulations (licence conditions)—

    (3) After regulation 4(2) (licence conditions) insert—

    (4) In regulation 4(3) (licence conditions) after "licensable conduct)" insert "in relation to any of the activities to which paragraph 2, 3, 3A, 6 or 8 of Schedule 2 to the Act applies".

    (5) In regulation 4(4) (licence conditions) for "paragraph 3, 3A or 8 of Schedule 2" substitute "paragraph 2, 3, 3A, 6 or 8 of Schedule 2".

    
6. After regulation 4A (additional conditions for certain licences) insert—


    
7. —(1) Regulation 5 (licence fee) is amended as follows.

    (2) The existing text of that regulation is to be paragraph (1).

    (3) Before "The fee payable" insert "Subject to paragraph (2),".

    (4) After that paragraph insert—


Paul Goggins
Parliamentary Under-Secretary of State

Home Office
27th July 2005



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Private Security Industry (Licences) Regulations 2004 ("the 2004 Regulations"). Regulation 3 of these Regulations amends regulation 1 of the 2004 Regulations by inserting a definition of "category of licensable activity", a term which is inserted into the 2004 Regulations by regulation 6 of these regulations. Regulations 4 and 5 of these Regulations extend Regulations 3 and 4 of the 2004 Regulations (which prescribe the form which a licence issued by the Security Industry Authority under the Private Security Industry Act 2001 must take and the conditions that must be attached to such a licence) to cover licences issued in respect of licensable activities contained in paragraph 2 (manned guarding) and paragraph 6 (keyholding) of Schedule 2 to the Act. Regulation 5 of these Regulations also provides that a licensee is not required to display his licence on him where he undertakes licensable activities to which paragraph 3 or 3A of Schedule 2 to the Act does not apply and can demonstrate that the nature of his licensable activities on any specific occasion requires that he not be immediately identifiable as someone carrying out licensable activities and where he carries his licence on his person and is able to produce it on request.

Regulation 6 inserts a new regulation 4B into the 2004 Regulations which provides for licence integration, whereby a person holding a licence for certain types of licensable conduct and in respect of certain categories of licensable activity may also perform other specified types of licensable conduct and specified categories of licensable activity without holding a separate licence. Regulation 7 provides that licensees who are granted more than one licence can in certain circumstances seek a refund of 50% of their licence fee in respect of their additional licences.


Notes:

[1] 2001 c. 12.back

[2] S.I. 2004/255. These Regulations have been amended by the Private Security Industry (Licences) (Amendment) Regulations 2005, S.I. 2005/237.back

[3] Paragraph 3A of Schedule 2 to the Private Security Industry Act 2001 was inserted by the Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005 (S.I. 2005/224).back



ISBN 0 11 073202 2


 © Crown copyright 2005

Prepared 5 August 2005


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