Office of Public Sector Information
An Act to make provision for the regulation of the private security industry.
[11th May 2001]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1) There shall be a body corporate to be known as the Security Industry Authority (in this Act referred to as “the Authority”).
(2) The functions of the Authority shall be—
(a) to carry out the functions relating to licensing and approvals that are conferred on it by this Act;
(b) to keep under review generally the provision of security industry services and other services involving the activities of security operatives;
(c) for the purpose of protecting the public, to monitor the activities and effectiveness of persons carrying on businesses providing any such services as are mentioned in paragraph (b);
(d) to ensure the carrying out of such inspections as it considers necessary of the activities and businesses of—
(i) persons engaged in licensable conduct; and
(ii) persons registered under section 14 as approved providers of security industry services;
(e) to set or approve standards of conduct, training and levels of supervision for adoption by—
(i) those who carry on businesses providing security industry services or other services involving the activities of security operatives; and
(ii) those who are employed for the purposes of such businesses;
(f) to make recommendations and proposals for the maintenance and improvement of standards in the provision of security industry services and other services involving the activities of security operatives;
(g) to keep under review the operation of this Act.
(3) The Authority may do anything that it considers is calculated to facilitate, or is incidental or conducive to, the carrying out of any of its functions.
(4) Without prejudice to subsection (3), the Authority may, for any purpose connected with the carrying out of its functions—
(a) make proposals to the Secretary of State for the modification of any provision contained in or made under this Act; and
(b) undertake, or arrange for or support (whether financially or otherwise), the carrying out of research relating to the provision of security industry services and of other services involving the activities of security operatives.
(5) The Authority shall not be regarded—
(a) as the servant or agent of the Crown; or
(b) as enjoying any status, immunity or privilege of the Crown;
and the property of the Authority shall not be regarded as property of, or property held on behalf of, the Crown.
(6) Schedule 1 (which makes provision about the Authority) shall have effect.
(1) In carrying out its functions the Authority shall comply with any general or specific directions given to it in writing by the Secretary of State.
(2) Before giving directions under subsection (1), the Secretary of State shall consult the Authority.
(3) The Authority shall provide the Secretary of State with such information about its activities as he may request.
(1) Subject to the following provisions of this Act, it shall be an offence for a person to engage in any licensable conduct except under and in accordance with a licence.
(2) For the purposes of this Act a person engages in licensable conduct if—
(a) he carries out any designated activities for the purposes of, or in connection with, any contract for the supply of services under which—
(i) he,
(ii) a body corporate of which he is a director, or
(iii) a firm of which he is a partner,
is or may be required to secure that any such activities are carried out;
(b) in the course of any employment of his by any person he carries out any designated activities for the purposes of, or in connection with, any contract for the supply of services under which his employer is or may be so required;
(c) he carries out any designated activities in accordance with directions given to him by or on behalf of a person to whom his services are supplied (whether or not for the carrying out of any such activities) by—
(i) a body corporate of which he is a director,
(ii) a firm of which he is a partner,
(iii) a person by whom he is employed, or
(iv) a person to whom he supplies his services under a contract for the purposes of which, or in connection with which, he is or may be required to work in accordance with the directions of another;
(d) he acts—
(i) in the course of any employment of his by any person, or
(ii) in accordance with any directions given as mentioned in paragraph (c),
as the manager or supervisor of one or more individuals required in the course of their employment to engage in licensable conduct falling within paragraph (b);
(e) he acts—
(i) in the course of any employment of his by any person, or
(ii) in accordance with any directions given as mentioned in paragraph (c),
as the manager or supervisor of individuals who are required in accordance with any such directions to engage in conduct which would be licensable conduct falling within paragraph (b) if they were required to engage in that conduct as the employees of the person to whom their services are supplied;
(f) he is the director of any body corporate or the partner of any firm at a time when another of the directors or partners of the body or firm, or any employee of the body or firm, engages in licensable conduct falling within any of paragraphs (a) to (e);
(g) he is the employer of an individual who in the course of any employment of his with that employer carries out any designated activities subject to additional controls;
(h) in the course of any employment of his, or for purposes connected with his being a director or partner of a body corporate or firm, he carries out designated activities subject to additional controls;
(i) in the course of any employment of his by any person he acts as the manager or supervisor of one or more individuals the duties of whose employment involve the carrying out of any designated activities subject to additional controls; or
(j) in circumstances in which it is proposed to impose a charge for the release of immobilised vehicles, he carries out on his own behalf or on behalf of another person any designated activities consisting in activities to which paragraph 3 of Schedule 2 (immobilisation of vehicles) applies.
(3) In this Act “designated activities” means such of the activities of a security operative as are for the time being designated for the purposes of this section by an order made by the Secretary of State; and an order under this subsection may designate different activities for the purposes of different paragraphs of subsection (2).
(4) For the purposes of this section a person shall not be treated as acting as the manager or supervisor of an individual by reason only of his giving directions to that individual in a case in which—
(a) the directions are given on behalf of a person to whom the individual’s services are provided under a contract for services, and
(b) the person who under the contract provides the individual’s services or another person acting on his behalf, acts as the manager or supervisor of that individual in relation to the activities carried out by him in accordance with those directions.
(5) Schedule 2 (which defines the activities that are to be treated as the activities of a security operative for the purposes of this Act and those which, so far as they are designated, are subject to additional controls) shall have effect.
(6) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(1) If—
(a) it appears to the Secretary of State that there are circumstances in which licensable conduct is engaged in only by persons to whom suitable alternative arrangements will apply, and
(b) the Secretary of State is satisfied that, as a consequence, it is unnecessary for persons engaging in any such conduct in those circumstances to be required to be licensed under this Act,
then he may by regulations prescribing those circumstances provide that a person shall not be guilty of an offence under section 3 in respect of any conduct engaged in by him in those circumstances.
(2) The provision that may be made by regulations under subsection (1) includes provision that a person is not to be guilty of an offence in respect of any conduct which is engaged in by him in the course of his employment by, or otherwise under the direction of, a person who is certified by the Authority in accordance with the regulations to be a person who the Authority is satisfied will secure that suitable alternative arrangements apply.
(3) In subsections (1) and (2) references to suitable alternative arrangements are references to arrangements that the Secretary of State or, as the case may be, the Authority is satisfied are equivalent, for all practical purposes so far as the protection of the public is concerned, to those applying to persons applying for and granted licences.
(4) A person shall not be guilty of an offence under section 3 in respect of any activities of his as a security operative if—
(a) he carries out those activities in his capacity as the director of a body corporate, the partner of any firm or the employee of any person;
(b) he has applied to the Authority for the grant of a licence and that application is pending;
(c) the licence applied for would authorise him to carry out those activities and is not one he has previously been refused;
(d) the body, firm or, as the case may be, the employer is a person who is for the time being registered under section 14 as an approved provider of security industry services; and
(e) the Authority has given notice to the body, firm or employer that it has authorised that body, firm or employer to use directors, partners or employees whose applications are pending to carry out activities that consist in or include those activities.
(5) Subsection (4) shall apply in the case of a person who carries out activities under directions given by or on behalf of another person in pursuance of a contract for the supply of the services of the first person as if the first person were an employee of the other one.
(1) A person is guilty of an offence if—
(a) he provides any security industry services to another;
(b) those services are provided wholly or partly by means of the activities of an individual as a security operative; and
(c) that individual’s activities in connection with the provision of those services involve his engaging in licensable conduct in respect of which he is not the holder of a licence.
(2) In proceedings against any person for an offence under this section it shall be a defence for that person to show either—
(a) that he did not know, and had no reasonable grounds for suspecting, at the time when the activities were carried out, that the individual in question was not the holder of a licence in respect of those activities; or
(b) that he took all reasonable steps, in relation to the services in question, for securing that that individual would not engage in any licensable conduct in respect of which he was not the holder of a licence.
(3) A person shall not be guilty of an offence under this section in respect of any services in so far as those services are provided by means of conduct in which a person who is not the holder of a licence is entitled to engage by virtue of section 4.
(4) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
(1) A person who is an occupier of any premises is guilty of an offence if—
(a) any individual carries out, in relation to vehicles on those premises, any designated activities consisting in activities to which paragraph 3 of Schedule 2 (immobilisation of vehicles) applies;
(b) the carrying out of those activities involves that individual’s engaging in licensable conduct in respect of which he is not the holder of a licence; and
(c) those activities are carried out with the permission of that occupier or for the purposes of, or in connection with, any contract for the supply of services to him.
(2) In proceedings against any person for an offence under this section it shall be a defence for that person to show either—
(a) that he did not know, and had no reasonable grounds for suspecting, at the time when the activities were carried out, that the individual in question was not the holder of a licence in respect of those activities; or
(b) that he took all reasonable steps, in relation to the carrying out of those activities, for securing that that individual would not engage in any licensable conduct in respect of which he was not the holder of a licence.
(3) A person shall not be guilty of an offence under this section in respect of the carrying out of activities which are comprised in any conduct of an individual in which he is entitled to engage by virtue of section 4.
(4) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
(1) It shall be the duty of the Authority, before granting any licences, to prepare and publish a document setting out—
(a) the criteria which it proposes to apply in determining whether or not to grant a licence; and
(b) the criteria which it proposes to apply in exercising its powers under this Act to revoke or modify a licence.
(2) The Authority may from time to time revise the document for the time being setting out the criteria mentioned in subsection (1)(a) and (b); and, if it does so, it shall publish the revised document.
(3) The criteria set out by the Authority under this section—
(a) shall include such criteria as the Authority considers appropriate for securing that the persons who engage in licensable conduct are fit and proper persons to engage in such conduct;
(b) may include such criteria as the Authority considers appropriate for securing that those persons have the training and skills necessary to engage in the conduct for which they are licensed; and
(c) may also include criteria relating to such other matters as the Authority thinks fit.
(4) In setting out any criteria or revised criteria under this section the Authority may provide for different criteria to apply—
(a) in relation to licences for different descriptions of licensable conduct; and
(b) in relation to the initial grant of a licence and in relation to a further grant to the same licensee for the purpose of renewing an earlier licence.
(5) Criteria or revised criteria set out under this section shall not have effect for the purposes of this Act unless the Secretary of State has approved them.
(6) The publication in accordance with this section of any document setting out any criteria or revised criteria must be in such manner as the Authority considers appropriate for bringing it to the attention of the persons likely to be affected by it.
(1) The Authority may, on an application made to it, grant to the applicant a licence to engage in any such licensable conduct as may be described in the licence.
(2) An application to the Authority for the grant of a licence—
(a) must be in such form, and
(b) must be accompanied by such information,
as may be prescribed.
(3) In determining whether or not to grant a licence the Authority shall apply the criteria for the time being applicable under section 7.
(4) The Authority may refuse to grant a licence until—
(a) it has been satisfied as to the identity of the applicant in such manner as may be prescribed;
(b) the applicant has supplemented his application with such further information (if any) as the Authority may request after receiving the application; and
(c) the Authority has been able to carry out such further inquiries (if any) in relation to the applicant as it considers appropriate.
(5) A licence granted by the Authority to engage in any description of licensable conduct—
(a) must be in such form,
(b) must contain such information, and
(c) must be granted on such conditions,
as may be prescribed in relation to licences to engage in that description of licensable conduct.
(6) Such a licence may be granted subject to such conditions, in addition to the prescribed conditions, as the Authority considers appropriate in relation to the licence in question.
(7) On the making of an application for the grant of a licence, the applicant shall pay to the Authority such fee as may be prescribed.
(8) Subject to section 10, a licence shall remain in force—
(a) except in a case to which paragraph (b) applies, for a period of three years beginning with the day on which it is granted; and
(b) in any case for which provision as to the duration of the licence is made by the Secretary of State by order, for such other period beginning with that day as may be specified in the order.
(1) The power of the Secretary of State to prescribe the conditions on which a licence must be granted and the power of the Authority to impose additional conditions for such a licence shall include power to prescribe or impose—
(a) conditions containing requirements as to the training, registration and insurances which the licensee is to undergo, or to maintain, while the licence remains in force;
(b) conditions as to the manner in which the licensee is to carry out specified activities of a security operative that he is licensed to carry out;
(c) conditions imposing obligations as to the production and display of the licence;
(d) conditions imposing obligations as to the information to be provided from time to time by the licensee to the Authority; and
(e) such other conditions (whether or not relating to the criteria that would be applied by the Authority in determining whether to grant the licence) as the Secretary of State or the Authority thinks fit.
(2) The conditions that may be prescribed or imposed in relation to any description of licence may include conditions imposing obligations on a licensee by reference to requirements made or directions given by the Authority.
(3) In relation to a licence authorising licensable conduct falling within subsection (2)(g) of section 3, the references in subsection (1) of this section to the licensee include references to any of his employees who carry out any designated activities subject to additional controls.
(4) Any person who contravenes the conditions of any licence granted to him shall be guilty of an offence and liable, on summary conviction, to a term of imprisonment not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(5) In proceedings against any person for an offence under subsection (4) it shall be a defence for that person to show that he exercised all due diligence to avoid a contravention of the conditions of the licence.
(1) The Authority may by notice in writing to the licensee modify or revoke any licence granted to him (including any of the conditions of that licence).
(2) In determining whether or not to modify or revoke a licence, the Authority shall apply the criteria for the time being applicable under section 7.
(3) The modifications that may be made under this section include one suspending the effect of the licence for such period as the Authority may determine.
(1) Where—
(a) an application for a licence is refused,
(b) a licence is granted subject to conditions imposed under section 8(6), or
(c) a licence is modified or revoked,
the applicant or, as the case may be, the holder of the licence may appeal to the appropriate magistrates' court against the Authority’s decision to refuse to grant the licence, to impose those conditions or, as the case may be, to modify or to revoke the licence.
(2) An appeal under subsection (1) must be brought before the end of the period of twenty-one days beginning with the day on which the decision appealed against was first notified to the appellant by the Authority.
(3) For the purposes of subsection (1) the appropriate magistrates' court is the magistrates' court for the petty sessions area in which is situated, as the case may be—
(a) the address for the appellant that has been supplied for the purpose of being recorded (if a licence is granted) in the register maintained under section 12; or
(b) the address for the appellant that is for the time being recorded in that register.
(4) Where a magistrates' court makes a decision on an appeal under subsection (1), an appeal to the Crown Court may be brought against that decision either by the Authority or by the person on whose appeal that decision was made.
(5) A court to which an appeal is brought under this section shall determine the appeal in accordance with the criteria for the time being applicable under section 7.
(6) Where an application for the grant of a licence by way of a renewal is refused or a licence is revoked, the licence to which the application or revocation relates shall be deemed to remain in force—
(a) for the period during which an appeal may be brought under subsection (1);
(b) for the period from the bringing of any such appeal until it is determined or abandoned;
(c) for the period from any determination on appeal that a licence should be granted until effect is given to that determination, or it is overturned on a further appeal;
(d) during any such period as the appropriate magistrates' court or the Crown Court may direct, pending an appeal from a determination made on an appeal to that magistrates' court.
(1) It shall be the duty of the Authority to establish and maintain a register of persons licensed under this Act.
(2) The Authority shall secure that the register contains particulars of every person who for the time being holds a licence.
(3) The particulars that must be recorded in every entry in the register relating to the holder of a licence are—
(a) the name of the holder of the licence;
(b) an address for the holder of the licence which satisfies the prescribed requirements;
(c) the time when the licence will cease to have effect unless renewed; and
(d) the terms and other conditions of his licence.
(4) It shall be the duty of the Authority to ensure that such arrangements are in force as it considers appropriate for—
(a) allowing members of the public and such other persons as it thinks fit to inspect the contents of the register; and
(b) securing that such publicity is given to any modification or revocation of a licence as will bring it to the attention of persons likely to be interested in it.
(5) The Authority may impose such fee as it considers reasonable for allowing a person to inspect the register or to take a copy of any part of it.
(1) The Secretary of State may by order make provision for local authorities to carry out some or all of the Authority’s relevant licensing functions in relation to such cases and such areas, and for such purposes, as may be specified or described in the order.
(2) References in this section to the Authority’s relevant licensing functions are references to such of its functions under this Act (other than section 7) as relate to the grant, revocation or modification of licences to engage in any such licensable conduct as will or may involve, or relate to, the carrying out of activities to which paragraph 8 of Schedule 2 (door supervisors etc. for public houses and clubs and comparable venues) applies.
(3) An order under this section may—
(a) impose such conditions and requirements in respect of the carrying out of any of the Authority’s relevant licensing functions by a local authority as the Secretary of State thinks fit;
(b) provide for any of those conditions or requirements to be framed by reference to directions given by the Secretary of State in accordance with the order;
(c) provide for any of the powers exercisable by a local authority by virtue of such an order to be exercisable concurrently in relation to the same case by the Authority and that local authority; and
(d) authorise a local authority to retain any fee paid to them by virtue of section 8(7).
Private Security Industry Act 2001