The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007

Amendments to Part 1 of Schedule 2

2.—(1) Paragraph 2 of Schedule 2 to the 2001 Act(1) (manned guarding) is amended as follows.

(2) In sub-paragraph (7), after paragraph (a) insert—

“(aa) activities that are carried out by virtue of an arrangement made by the Scottish Ministers under section 102 of the Criminal Justice and Public Order Act 1994(2) (arrangements for the provision of prisoner escorts: Scotland);”.

(3) In sub-paragraph (7), after paragraph (c) insert—

“(ca) activities that are carried out for the purposes of the performance of a contract entered into under, or for the purposes of, section 106 of the Criminal Justice and Public Order Act 1994(3) (contracting out of prisons in Scotland) or section 112 (contracted out functions at directly managed prisons in Scotland) of that Act;”.

(4) In sub-paragraph (7), after paragraph (f) insert—

“(fa) activities of a person employed or appointed in accordance with section 9(1) of the Police (Scotland) Act 1967(4) (civilian employees) and certified in accordance with section 9(1A) of that Act as a police custody and security officer, which are carried out in the course of that employment or appointment;”.

(1)

Paragraph 2 of Schedule 2 to the 2001 Act has been amended by S.I. 2006/1831, which inserted a new sub-paragraph (7) into that paragraph.

(2)

1994 c. 33. Section 102 of the 1994 Act has been amended by section 5 of, and paragraph 93 of Schedule 4 to, the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40); section 76 of the Criminal Justice (Scotland) Act 2003 (asp 7); and S.S.I. 2005/465. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

(3)

Section 106 of the 1994 Act has been amended by section 94 of, and paragraph 50 of the schedule to, the Agricultural Holdings (Scotland) Act 2003 (asp 11); and S.I. 1999/1820.

(4)

1967 c. 77. Section 9 of the 1967 Act was substituted by section 49 of the Police and Magistrates’ Courts Act 1994 (c. 29) and subsequently amended by section 76 of the Criminal Justice (Scotland) Act 2003; and S.S.I. 2005/465.