The Private Security Industry Act 2001 (Designated Activities) Order 2006

Statutory Instruments

2006 No. 426

SECURITY INDUSTRY, ENGLAND AND WALES

The Private Security Industry Act 2001 (Designated Activities) Order 2006

Made

15th February 2006

Laid before Parliament

27th February 2006

Coming into force

20th March 2006

The Secretary of State makes the following Order in exercise of the powers conferred by section 3(3) of the Private Security Industry Act 2001(1).

In accordance with section 24(4)(2) of that Act he has consulted with the Security Industry Authority.

Citation, commencement, extent and interpretation

1.—(1) This Order may be cited as the Private Security Industry Act 2001 (Designated Activities) Order 2006 and shall come into force on 20th March 2006.

(2) This Order extends to England and Wales.

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

Designated activities

2.—(1) The activities of a security operative specified in paragraph (2) are hereby designated for the purposes of section 3 of the 2001 Act.

(2) The activities specified for the purposes of paragraph (1) are—

(a) those set out in paragraph 2 of Schedule 2 to the 2001 Act (manned guarding);

(b) those set out in paragraph 3(3) of Schedule 2 to the 2001 Act (immobilisation of vehicles);

(c) those set out in paragraph 3A(4) of Schedule 2 to the 2001 Act (restriction and removal of vehicles); and

(d) those set out in paragraph 6 of Schedule 2 to the 2001 Act (keyholders).

Revocation

3.  The Private Security Industry Act 2001 (Designated Activities) (No. 3) Order 2005(5) is hereby revoked.

Paul Goggins

Parliamentary Under-Secretary of State

Home Office

15th February 2006

Explanatory Note

(This note is not part of the Order)

This Order designates certain activities of security operatives for the purposes of section 3 of the Private Security Industry Act 2001 (“the 2001 Act”). Section 3(1) of the 2001 Act makes it an offence to engage in licensable conduct except under and in accordance with a licence granted by the Security Industry Authority.

Article 2(2)(a) of this Order designates, for the purposes of section 3 of the 2001 Act, the activities of security operatives engaged in manned guarding (as defined in paragraph 2 of Schedule 2 to the 2001 Act). Previously, the Private Security Industry Act 2001 (Designated Activities) (No. 3) Order 2005 (“the 2005 Order”) only designated manned guarding activities when they were undertaken on licensed premises of the description contained in paragraph 8 of Schedule 2 to the 2001 Act (persons undertaking such activities on such premises are commonly known as door supervisors).

Article 2(2)(b) and (c) of this Order designates, for the purposes of section 3 of the 2001 Act, the activities of security operatives engaged in the immobilisation of vehicles (as defined in paragraph 3 of Schedule 2 to the 2001 Act) and the restriction and removal of vehicles (as defined in paragraph 3A of Schedule 2 to the 2001 Act). These activities were previously designated by the 2005 Order.

Article 2(2)(d) of this Order designates, for the purposes of section 3 of the 2001 Act, the activities of security operatives engaged in keyholding activities (as defined in paragraph 6 of Schedule 2 to the 2001 Act).

Article 3 of this Order revokes the 2005 Order.

(1)

2001 c. 12.

(2)

Section 24(4) of the 2001 Act has been amended by paragraph 11(e) of Schedule 15 to the Serious Organised Crime and Police Act 2005 (c. 15) but the amendment is not yet in force.

(3)

Paragraph 3 of Schedule 2 to the 2001 Act was amended by the Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005 (S.I. 2005/224).

(4)

Paragraph 3A of Schedule 2 to the 2001 Act was inserted by the Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005.

(5)

S.I. 2005/2251.