Private Security Industry Act 2001

11 Appeals in licensing matters E+W+S

(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 [F1 a] magistrates’ court [F2 (in Scotland, to the sheriff)] 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.

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where

[F4 (a)] a magistrates’ court makes a decision on an appeal under subsection (1), an appeal to the Crown Court, [F5 or

(b) the sheriff makes a decision on an appeal under that subsection, an appeal to the Sheriff Principal,]

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

[F6 (i)] the F7 ... magistrates’ court or the Crown Court may direct, pending an appeal from a determination made on an appeal to [F8 the] magistrates’ court, [F9 or

(ii) the sheriff or the Sheriff Principal may direct pending an appeal from a determination made on an appeal to the sheriff.]

[F10 (7) In the application of this section to Northern Ireland a reference to the Crown Court shall be taken as a reference to a county court.]

Textual Amendments

F1 Word in s. 11(1) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 395(1)(2); S.I. 2005/910, art. 3(y)

F2 Words in s. 11(1) inserted (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 6(a); S.S.I. 2006/381, art. 2(a)(i)(b)(i)

F3 S. 11(3) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 110(1), Sch. 8 para. 395(1)(3), Sch. 10; S.I. 2005/910, art. 3(y)

F4 Words in s. 11(4) renumbered as s. 11(4)(a) (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 6(b); S.S.I. 2006/381, art. 2(a)(i)(b)(i)

F5 S. 11(4)(b) and word inserted (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 6(b); S.S.I. 2006/381, art. 2(a)(i)(b)(i)

F6 Words in s. 11(6)(d) renumbered as s. 11(6)(d)(i) (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 6(c); S.S.I. 2006/381, art. 2(a)(i)(b)(i)

F7 Word in s. 11(6)(d) repealed (1.4.2005) by Courts Act 2003 (c. 39), para. 395(4)(a), s. 110(1), Sch. 8 para. 395(1), Sch. 10; S.I. 2005/910, art. 3(y)

F8 Word in s. 11(6)(d) substituted (1.4.2005) by Courts Act 2003 (c. 39), para. 395(4)(b), s. 110(1), Sch. 8 para. 395(1); S.I. 2005/910, art. 3(y)

F9 S. 11(6)(d)(ii) and word inserted (30.6.2006 for S., 6.7.2006 for E.W.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 178(6)(b), Sch. 15 para. 6(c); S.S.I. 2006/381, art. 2(a)(i)(b)(i)

F10 S. 11(7) added (8.3.2009) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 48(6), 49(2); S.I. 2009/446, art. 2(1)(2)(b)

Commencement Information

I1 S. 11 in force at 1.2.2004 by S.I. 2003/2710, art. 3(f)

I2 S. 11 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)

I3 S. 11 in force at 1.5.2009 for N.I. by S.I. 2009/1058, art. 3