SCHEDULES

SCHEDULE 2 E+W+S Activities liable to control under the Act

Part 1 E+W+S Activities of security operatives

Manned guarding E+W+S

2 (1) This paragraph applies (subject to the following provisions of this paragraph) to any of the following activities—

(a) guarding premises against unauthorised access or occupation, against outbreaks of disorder or against damage;

(b) guarding property against destruction or damage, against being stolen or against being otherwise dishonestly taken or obtained;

(c) guarding one or more individuals against assault or against injuries that might be suffered in consequence of the unlawful conduct of others.

(2) In this paragraph references to guarding premises against unauthorised access include references to being wholly or partly responsible for determining the suitability for admission to the premises of persons applying for admission.

(3) In this paragraph references to guarding against something happening include references to so providing a physical presence, or carrying out any form of patrol or surveillance, as—

(a) to deter or otherwise discourage it from happening; or

(b) to provide information, if it happens, about what has happened.

(4) This paragraph does not apply to the activities of an individual who exercises control over the persons allowed access to any premises to the extent only of securing, or checking, that persons allowed access—

(a) have paid for admission; or

(b) have invitations or passes allowing admission.

(5) This paragraph does not apply to the activities of a person who, incidentally to the carrying out of any activities in relation to a group of individuals which (disregarding this sub-paragraph) are neither—

(a) the activities of a security operative, nor

(b) activities comprising the exercise of any such control as is mentioned in sub-paragraph (4),

maintains order or discipline amongst those individuals.

(6) This paragraph does not apply to the activities of a person who, incidentally to the carrying out of activities which (disregarding this sub-paragraph) are not wholly or mainly the activities of a security operative, responds to a sudden or unexpected occurrence.

[F1 (7) This paragraph does not apply to—

(a) activities that are carried out by virtue of an arrangement made by the Secretary of State under section 80 of the Criminal Justice Act 1991 (arrangements for the provision of prisoner escorts) or section 12(1) of, and Schedule 1 to, the Criminal Justice and Public Order Act 1994 (escort arrangements for offenders: England and Wales);

[F2 (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 (arrangements for the provision of prisoner escorts: Scotland);]

[F3 (ab) activities that are carried out by virtue of an arrangement made under section 118 of the Criminal Justice and Public Order Act 1994 (arrangements for the provision of prisoner escorts: Northern Ireland);]

(b) activities that are carried out for the purposes of the performance of a contract entered into under, or for the purposes of, section 84 (contracting out prisons etc.) of the Criminal Justice Act 1991 or section 88A (contracted out functions at directly managed prisons) of that Act;

(c) activities that are carried out for the purposes of the performance of a contract entered into under, or for the purposes of, section 7 (contracting out of secure training centres) of the Criminal Justice and Public Order Act 1994 or section 11 (contracted out functions at directly managed secure training centres) of that Act;

[F4 (cza) activities that are carried out for the purposes of the performance of a contract entered into under, or for the purposes of, paragraph 1 of Schedule 10 to the Criminal Justice and Courts Act 2015 (contracting out of secure colleges) or paragraph 20 of that Schedule (contracted-out functions at directly managed secure colleges);]

[F5 (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 (contracting out of prisons in Scotland) or section 112 (contracted out functions at directly managed prisons in Scotland) of that Act;]

[F6 (cb) activities that are carried out by virtue of an arrangement made under Article 50(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998(attendance centres) or Article 51(2) of that Order (juvenile justice centres);]

(d) activities carried out by a detainee custody officer (within the meaning of Part 8 of the Immigration and Asylum Act 1999 (removal centres and detained persons))—

(i) in the performance of escort functions or custodial functions or both (in each case within the meaning of that Part of that Act) which he is authorised to perform under section 154 of that Act (detainee custody officers);

(ii) in the performance of a function for the purposes of a contract entered into by the Secretary of State under section 150(1) of that Act (contracted out functions at directly managed removal centres);

(e) activities carried out by a prisoner custody officer (within the meaning of Part 8 of the Immigration and Asylum Act 1999 (removal centres and detained persons))—

(i) in the performance of a function conferred on him by the Secretary of State under section 154(5) of that Act (functions of detainee custody officers); or

(ii) in the performance of a function for the purposes of a contract entered into by the Secretary of State under section 150(1) of that Act (contracted out functions at directly managed removal centres);

[F7 (f) activities of a person designated under section 38 of the Police Reform Act 2002 (police powers for civilian staff and volunteers) which are carried out by virtue of the designation;]

[F8 (fa) activities of a person employed or appointed in accordance with section 9(1) of the Police (Scotland) Act 1967 (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;]

[F9 (fb) activities of a person designated by the Chief Constable of the Police Service of Northern Ireland under section 30 of the Police (Northern Ireland) Act 2003 (police powers for designated police support staff) which are carried out in the course of that person’s employment as a member of the police support staff;

(fc) activities of a person designated by the Chief Constable of the Police Service of Northern Ireland under section 30A of the Police (Northern Ireland) Act 2003 (community support officers) which are carried out in the course of that person’s employment as a member of the police support staff;]

(g) activities of a person who is designated by a chief officer of police under section 39(2) of the Police Reform Act 2002 (police powers for contracted-out staff) which are carried out for the purposes of the performance of a contract entered into under section 39(1) of that Act by that person’s employer;

[F10 (ga) activities of a person designated by the Chief Constable of the Police Service of Northern Ireland under section 31(2) of the Police (Northern Ireland) Act 2003 (police powers for designated contracted-out staff) which are carried out for the purposes of the performance of a contract entered into under section 31(1) of that Act by that person’s employer;]

(h) activities of a person who is appointed under section 24 (constables), 25 (special constables) or 26 (cadets) of the Railways and Transport Safety Act 2003 which are carried out in the course of his employment by the British Transport Police Authority;

(i) activities of a person who is employed by the British Transport Police Authority under section 27 of the Railways and Transport Safety Act 2003 (civilian employees) and who is designated by the chief constable of the British Transport Police Force under section 38 of the Police Reform Act 2002 (police powers for [F11 civilian staff]) where those activities are carried out in the course of that employment;

(j) activities of a person who is employed by the Civil Nuclear Police Authority under section 55 of the Energy Act 2004 (members of the constabulary) which are carried out in the course of that employment;

(k) activities of a person who is employed as a constable by a harbour authority, within the meaning of section 57 of the Harbours Act 1964 (interpretation), which are carried out in the course of that employment;

[F12 (ka) activities of a person appointed as a special constable in Northern Ireland by virtue of provision incorporating section 79 of the Harbours, Docks, and Piers Clauses Act 1847 (harbour and dock police) which are carried out in the execution of that office;]

(l) activities of a person who is not a constable or an officer of Her Majesty’s Revenue and Customs but is authorised for the purposes of section 40 of the Immigration, Asylum and Nationality Act 2006 (searches: contracting out) which are carried out for the purposes of arrangements made under section 40(6)(c) of that Act.]

[F13 (m) activities of a person who is acting as a manager of any approved premises (within the meaning of section 13 of the Offender Management Act 2007).]

Textual Amendments

F1 Sch. 2 para. 2(7) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 2

F2 Sch. 2 para. 2(7)(aa) inserted (1.10.2007) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 (S.I. 2007/2201), arts. 1(3), 2(2)

F3 Sch. 2 para. 2(7)(ab) inserted (E.W.) (19.11.2009) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 (S.I. 2009/3043), arts. 1(1), 2(2)

F4 Sch. 2 para. 2(7)(cza) inserted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 10 para. 32; S.I. 2015/778, art. 2(1)(d)

F5 Sch. 2 para. 2(7)(ca) inserted (1.10.2007) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 (S.I. 2007/2201), arts. 1(3), 2(3)

F6 Sch. 2 para. 2(7)(cb) inserted (E.W.) (19.11.2009) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 (S.I. 2009/3043), arts. 1(1), 2(3)

F7 Sch. 2 para. 2(7)(f) substituted (31.1.2017 for specified purposes, 15.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 12 para. 14; S.I. 2017/1139, reg. 2(k) (as amended by S.I. 2017/1162, reg. 2)

F8 Sch. 2 para. 2(7)(fa) inserted (1.10.2007) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 (S.I. 2007/2201), arts. 1(3), 2(4)

F9 Sch. 2 para. 2(7)(fb)(fc) inserted (E.W.) (19.11.2009) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 (S.I. 2009/3043), arts. 1(1), 2(4)

F10 Sch. 2 para. 2(7)(ga) inserted (E.W.) (19.11.2009) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 (S.I. 2009/3043), arts. 1(1), 2(5)

F11 Words in Sch. 2 para. 2(7)(i) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 273(2)(b); S.I. 2011/3019, art. 3, Sch. 1

F12 Sch. 2 para. 2(7)(ka) inserted (E.W.) (19.11.2009) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2009 (S.I. 2009/3043), arts. 1(1), 2(6)

F13 Sch. 2 para. 2(7)(m) inserted (1.4.2008) by Offender Management Act 2007 (c. 21), ss. 13(7), 41(1); S.I. 2008/504, art. 3(e)

Commencement Information

I1 Sch. 2 para. 2 in force at 1.2.2004 by S.I. 2003/2710, art. 3(l)

I2 Sch. 2 para. 2 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)

I3 Sch. 2 para. 2 in force at 11.3.2009 for specified purposes for N.I. by S.I. 2009/644, art. 3

I4 Sch. 2 para. 2 in force at 1.5.2009 for N.I. In so far as not already in force by S.I. 2009/1058, art. 3