The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007

• Citation: S.I. 2007/2201
• Sections: 5

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007.

(2) This article and article 5(4) (and article 5(1) so far as relating to article 5(4)) come into force on 1st September 2007.

(3) Subject to that, this Order comes into force on 1st October 2007.

(4) In this Order “the 2001 Act ” means the Private Security Industry Act 2001.

Section 2 Amendments to Part 1 of Schedule 2

(1) Paragraph 2 of Schedule 2 to the 2001 Act (manned guarding) is amended as follows.

(2) In sub-paragraph (7), after paragraph (a) insert—

(aa) activities that are carried out by virtue of an arrangement made by the Scottish Ministers under section 102 of the Criminal Justice and Public Order Act 1994 (arrangements for the provision of prisoner escorts: Scotland);

(3) In sub-paragraph (7), after paragraph (c) insert—

(ca) activities that are carried out for the purposes of the performance of a contract entered into under, or for the purposes of, section 106 of the Criminal Justice and Public Order Act 1994 (contracting out of prisons in Scotland) or section 112 (contracted out functions at directly managed prisons in Scotland) of that Act;

(4) In sub-paragraph (7), after paragraph (f) insert—

(fa) activities of a person employed or appointed in accordance with section 9(1) of the Police (Scotland) Act 1967 (civilian employees) and certified in accordance with section 9(1A) of that Act as a police custody and security officer, which are carried out in the course of that employment or appointment;

Section 3 Amendments to Part 1 of Schedule 2

In paragraphs 3(3A)(a) and 3A(6)(a) of Schedule 2 to the 2001 Act (exceptions for certain vehicle immobilisation, restriction and removal) for “pursuant to” substitute “for the purposes of, or in connection with,”.

Section 4 Amendments to Part 1 of Schedule 2

In paragraph 3A of Schedule 2 to the 2001 Act (restriction and removal of vehicles) after sub-paragraph (7) insert—

(8) This paragraph does not apply to any activities carried out in Scotland.

Section 5 Amendments to Part 2 of Schedule 2

(1) Paragraph 8 of Schedule 2 to the 2001 Act (door supervisors etc. for public houses, clubs and comparable venues) is amended as follows.

(2) After sub-paragraph (1B) (application to premises providing entertainment) insert—

(1BA) This paragraph applies to activities carried out in relation to premises referred to in paragraphs (f) to (j) of sub-paragraph (2) only if they are carried out at or in relation to times when alcoholic liquor (within the meaning of the Licensing (Scotland) Act 1976 ) is being sold or supplied for consumption on the premises.

(1BB) This paragraph applies to activities carried out in relation to premises referred to in sub-paragraph (2)(k) only if they are carried out at or in relation to times when the premises are being used as a place of public entertainment (within the meaning given in section 41(2) of the Civic Government (Scotland) Act 1982 ).

(1BC) This paragraph applies to activities carried out in relation to premises referred to in sub-paragraph (2)(l) only if they are carried out at or in relation to times when an activity designated as mentioned in that sub-paragraph is being carried on in the premises.

(3) In sub-paragraph (1C) (exceptions for certain activities)—

(a) after “apply to” insert “(a)”; and

(b) at the end insert—

(b) activities referred to in paragraph 2(1)(b) of this Schedule and which involve the secure transportation of property in vehicles specially manufactured or adapted so as to have secure transportation as their primary function; or

(c) activities referred to in paragraph 2(1)(c) of this Schedule.

(4) For sub-paragraph (3)(c) (exceptions for certain premises) substitute—

(c) in relation to any occasion on which a casino premises licence or a bingo premises licence is in force in respect of the premises under the Gambling Act 2005 and the premises are being used wholly or mainly for the purposes for which such a licence is required;

(5) After sub-paragraph (3)(c) insert—

(ca) in relation to any occasion on which a licence is in force in respect of the premises under the Theatres Act 1968 and the premises are being used wholly or mainly for the purposes for which the licence is required;

(cb) in relation to any occasion on which a licence is in force in respect of the premises under the Cinemas Act 1985 and the premises are being used wholly or mainly for the purposes for which such a licence is required; or