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

• Citation: S.I. 2005/2118
• Sections: 7

Section 1 Citation and commencement

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.

Section 2 Amendment of the Private Security Industry (Licences) Regulations 2004

The Private Security Industry (Licences) Regulations 2004 shall be amended in accordance with the following regulations.

Section 3 Amendment of the Private Security Industry (Licences) Regulations 2004

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

(3) In these Regulations, “category of licensable activity” means any one of the following—

(a) licensable activity which falls under paragraphs 2 and 8 of Schedule 2 to the Act (“Door Supervisor”);

(b) licensable activity which falls under paragraph 2(1)(c) of Schedule 2 to the Act and does not fall under paragraph 8 of that Schedule (“Close Protection”);

(c) licensable activity which falls under paragraph 2(1)(b) of Schedule 2 to the Act and involves the secure transportation of property in vehicles specially manufactured or adapted so as to have secure transportation as their primary function (“Cash and Valuables in Transit”);

(d) licensable activity which falls under paragraph 2 of Schedule 2 to the Act, does not fall under paragraph 8 of that Schedule, and involves the use of closed circuit television (“ CCTV ”) equipment to—

(i) monitor the activities of a member of the public in a public or private place; or

(ii) identify a particular person,

including the use of CCTV in these cases to record images that are viewed on non-CCTV equipment, for purposes other than identifying a trespasser and protecting property (“Public Space Surveillance (CCTV)”);

(e) licensable activity which falls under paragraph 2 of Schedule 2 to the Act, does not fall under paragraph 8 of that Schedule and does not fall within paragraphs (a) to (d) of this paragraph (“security guard”);

(f) licensable activity to which paragraph 3 or 3A of Schedule 2 to the Act applies (“vehicle immobiliser”);

(g) licensable activity to which paragraph 6 of Schedule 2 to the Act applies (“keyholder”).

Section 4 Amendment of the Private Security Industry (Licences) Regulations 2004

(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—

(aa) in the case of a person who falls within section 3(2)(a), (b), (c) or (h) of the Act (person carrying out licensable conduct) in relation to any of the activities to which paragraph 6 of Schedule 2 to the Act (keyholders) applies, the form set out in Schedule 3 to these Regulations, or a form to the like effect.

(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”.

Section 5 Amendment of the Private Security Industry (Licences) Regulations 2004

(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)—

(a) after “to which paragraph” insert “2,”; and

(b) after “sub-paragraph (b)” insert “or paragraph (2A) applies”.

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

(2A) This paragraph applies where the licensee undertakes licensable activities which are not activities to which paragraph 3 or 3A of Schedule 2 to the Act applies 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 such licensable activities and the licensee carries his licence on his person and is able to produce it on request.

(2B) The granting by the Authority of a licence to a person who falls within section 3(2)(a), (b), (c) or (h) of the Act (person carrying out licensable conduct) in relation to any of the activities to which paragraph 6 of Schedule 2 to the Act (keyholding) applies shall be subject to the conditions set out in sub-paragraphs (b) to (h) of paragraph (2) above.

(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”.

Section 6 Amendment of the Private Security Industry (Licences) Regulations 2004

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

Scope of licence

(4B)

(1) A licensee who holds a licence in respect of conduct under section 3(2)(a), (b), (c), (h) or (j) of the Act (person carrying out licensable conduct) relating to any category of licensable activity may also under that same licence conduct himself under section 3(2) (d), (e), (f), (g) or (i) of the Act (person carrying out licensable conduct) in respect of the same category of licensable activity.

(2) A licensee who holds a licence in respect of conduct under section 3(2)(a), (b), (c) or (h) of the Act (person carrying out licensable conduct) relating to a category of licensable activity listed in column 1 of table 1 may also under that same licence conduct himself under any part of section 3(2) of the Act in respect of a category of licensable activity listed in the corresponding entry in column 2 of that table.

(3) A licensee who holds a licence in respect of conduct under section 3(2)(d), (e), (f), (g) or (i) of the Act (person carrying out licensable conduct) relating to a category of licensable activity listed in column 1 of table 1 may also under that same licence perform the category of licensable activity listed in the corresponding entry in column 2 of that table if he continues to fall within section 3(2)(d), (e), (f) (g) or (i) of the Act.

(4) A licensee who holds a licence relating to any licensable conduct in respect of any category of licensable activity may also under that same licence perform any licensable conduct involving any of the activities to which paragraph 6 of Schedule 2 to the Act (keyholding) applies.

Table 1

Section 7 Amendment of the Private Security Industry (Licences) Regulations 2004

(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—

(2) Where a licensee is granted a licence (licence B) at any time when a previous licence granted to him remains valid for a period of at least 4 months (licence A), the licensee may apply for a refund of 50% of the licence fee payable in relation to licence B where the conditions in paragraph (3) are satisfied.

(3) The conditions applicable for the purposes of paragraph (2) are—

(a) no refund under paragraph (2) has previously been granted to the licensee in respect of licence A;

(b) licence B does not relate to any activities to which paragraph 3 or 3A of Schedule 2 to the Act apply; and

(c) licence B does not relate to the same category of licensable activity as licence A.