Private Security Industry Act 2001

9 Licence conditions E+W+S

(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.

[F1 (2D) The Secretary of State must consult the Department of Justice in Northern Ireland before approving a nomination under subsection (2B) affecting persons carrying out activities in Northern Ireland.]

(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.

Textual Amendments

F1 S. 9(2D) inserted by 2010 c. 17 s. 42(4) (as inserted) (18.10.2012) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012 (S.I. 2012/2595), arts. 1(2), 22(3)(b) (with arts. 24-28)

Commencement Information

I1 S. 9(1)-(3) in force at 1.4.2003 for certain purposes by S.I. 2002/3125, art. 4(d)

I2 S. 9 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)

I3 S. 9 in force at 11.3.2009 for specified purposes for N.I. by S.I. 2009/644, art. 3

I4 S. 9 in force at 1.5.2009 for N.I. In so far as not already in force by S.I. 2009/1058, art. 3

I5 S. 9(1)-(3) in force at 1.2.2004 in so far as not already in force by S.I. 2003/2710, art. 3(d)

I6 S. 9(4)(5) in force at 1.2.2004 by S.I. 2003/2710, art. 3(d)