The Private Security Industry Act 2001 (Duration of Licence) (No. 2) Order 2006

• Citation: S.I. 2006/3411
• Sections: 5

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Private Security Industry Act 2001 (Duration of Licence) (No. 2) Order 2006 and shall come into force on 1st February 2007.

(2) Subject to paragraph (3), this Order extends to England and Wales and Scotland.

(3) Nothing in this Order which relates to a licence in respect of activities to which either paragraph 3 or 3A of Schedule 2 to the 2001 Act (immobilisation, restriction and removal of vehicles) applies shall have effect in respect of activities of a security operative undertaken in Scotland.

Section 2 Interpretation

(1) In this Order—

“2001 Act” means the Private Security Industry Act 2001;

“category of licensable activity” has the meaning given in paragraph (2);

“category of licensable conduct” means either front line licensable conduct or non-front line licensable conduct;

“front line licensable conduct” means conduct falling within section 3(2)(a), (b), (c), (h) or (j) of the 2001 Act; and

“non-front line licensable conduct” means conduct falling within section 3(2)(d), (e), (f), (g) or (i) of the 2001 Act.

(2) “Category of licensable activity” means any one of the following—

(a) activity to which paragraph 2(1)(b) of Schedule 2 to the 2001 Act applies and which 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”);

(b) activity to which paragraph 2(1)(c) of Schedule 2 to the 2001 Act applies (“Close Protection”);

(c) activity to which paragraphs 2 and 8 of Schedule 2 to the 2001 Act apply and which does not fall within sub-paragraph (a) or (b) (“Door Supervisor”);

(d) activity to which paragraph 2 of Schedule 2 to the Act applies, to which paragraph 8 of that Schedule may apply, which is carried out by a person who does not fall under section 3(2)(g), (h) or (i) of the Act and which 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 or protecting property (“Public Space Surveillance (CCTV)”);

activity to which paragraph 2 of Schedule 2 to the 2001 Act applies, to which paragraph 8 of that Schedule does not apply, which may be carried out in relation to any premises including licensed premises within the meaning of paragraph 8 of that Schedule and which does not fall within sub-paragraphs (a) to (d) (“Security Guard”);

activity to which paragraph 3 or 3A of Schedule 2 to the 2001 Act applies (“Vehicle Immobiliser”); or

activity to which paragraph 6 of Schedule 2 to the 2001 Act applies (“Keyholder”).

Section 3 Duration of front line licences for the immobilisation, restriction or removal of vehicles

(1) A licence issued by the Authority under section 8 of the 2001 Act (licences to engage in licensable conduct) in respect of any person specified in paragraph (2) shall remain in force for a period of one year beginning with the day on which it is granted.

(2) A person is specified for the purposes of paragraph (1) if he undertakes any front line licensable conduct in relation to any activities set out in paragraph 3 (immobilisation of vehicles) or 3A (restriction and removal of vehicles) of Schedule 2 to the 2001 Act.

Section 4 Duration of licences issued by way of renewal

(1) A licence issued by the Authority under section 8 of the 2001 Act by way of renewal of an existing licence previously issued by it under the same provision shall remain in force for the period specified in paragraph (2).

(2) The period specified for the purposes of paragraph (1) is the sum of—

(a) the period specified in section 8(8)(a) of the 2001 Act or article 3 of this Order, as appropriate; and

(b) subject to a maximum period of three months, the maximum period of time for which the existing licence could have remained in force after the licence issued by way of renewal is issued, had that previous licence remained in force for the full period of time for which it was issued.

(3) For the purposes of paragraph (1), a licence is issued by way of renewal of an existing licence where—

(a) the application is received at a time when the existing licence remains in force and can remain in force without renewal for a period of no more than four months;

(b) the licence is issued to the holder of the existing licence; and

(c) the licence is in respect of the same category of licensable activity and the same category of licensable conduct as the existing licence.

Section 5 Revocation

(1) Subject to paragraph (2) the Private Security Industry Act 2001 (Duration of Licence) Order 2006 is revoked.

(2) Notwithstanding the revocation of the 2006 Order , that Order will continue in force in respect of a licence for which the application is received before 1st February 2007.