Part V Regulation of the Provision of Private Security Services

36 Applications for certificates.

1

An application for a certificate under this Part of this Act—

a

shall be made to the Secretary of State in such manner and form as he may specify, and

b

shall be accompanied by such information as he may specify concerning—

i

the applicant;

ii

any business carried on or proposed to be carried on by the applicant and involving the provision of security services for reward;

iii

any persons whom the applicant employs, or proposes to employ, as security guards;

iv

any partners or proposed partners of the applicant or (if the applicant is a partnership) the members, and any proposed members, of the partnership; and

v

if the applicant is a body corporate, the officers, and any proposed officers, of that body.

2

Any person who, in connection with any such application, knowingly or recklessly furnishes the Secretary of State with information which is false or misleading in a material respect is guilty of an offence and liable—

a

on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;

b

on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

3

In this section—

a

officer” includes a director, manager or secretary; and

b

any reference to the employment or proposed employment of any person or persons by an applicant for a certificate under this Part of this Act shall, in relation to an applicant who is, or is a member of, a partnership, be construed as a reference to the employment or proposed employment of any person or persons by the partnership or any of the partners.

4

For the purposes of this section a person in accordance with whose directions or instructions the directors of a body corporate are accustomed to act shall be treated as an officer of that body, except that a person shall not be so treated by reason only that the directors act on advice given by him in a professional capacity.