Private Security Industry Act 2001

4 Exemptions from licensing requirement E+W

(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.

Commencement Information

I1 S. 4(1)-(3) in force at 1.4.2003 for certain purposes by S.I. 2002/3125, art. 4(b)

I2 S. 4(1)-(3) in force at 1.2.2004 in so far as not already in force by S.I. 2003/2710, art. 3(b)

I3 S. 4(4)(5) in force at 1.2.2004 by S.I. 2003/2710, art. 3(b)