Private Security Industry Act 2001

Part 1 E+W+S Activities of security operatives

General E+W+S

1 (1) Subject to sub-paragraph (2), the activities which are referred to in this Act as the activities of a security operative are those to which any one or more of the following paragraphs of this Part of this Schedule applies.

(2) The Secretary of State may by order amend this Part of this Schedule for the purpose of adding or excluding any such activities as he thinks fit to or from those that fall to be regarded for the purposes of this Act as the activities of a security operative.

(3) The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by sub-paragraph (2) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Commencement Information

I1 Sch. 2 para. 1 in force at 1.4.2003 for certain purposes by S.I. 2002/3125, art. 4(h)

I2 Sch. 2 para. 1 in force at 1.2.2004 in so far as not already in force by S.I. 2003/2710, art. 3(l)

I3 Sch. 2 para. 1 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)

I4 Sch. 2 para. 1 in force at 11.3.2009 for specified purposes for N.I. by S.I. 2009/644, art. 3

I5 Sch. 2 para. 1 in force at 1.5.2009 for N.I. In so far as not already in force by S.I. 2009/1058, art. 3

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

I6 Sch. 2 para. 2 in force at 1.2.2004 by S.I. 2003/2710, art. 3(l)

I7 Sch. 2 para. 2 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)

I8 Sch. 2 para. 2 in force at 11.3.2009 for specified purposes for N.I. by S.I. 2009/644, art. 3

I9 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

Immobilisation of vehicles E+W+S

F14 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 2 para. 3 repealed (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 20(8)(a), Sch. 10 Pt. 3 (with s. 97); S.I. 2012/2075, art. 3(g)

Restriction and removal of vehicles E+W+S

F15 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Sch. 2 para. 3A repealed (1.10.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 20(8)(b), Sch. 10 Pt. 3 (with s. 97); S.I. 2012/2075, art. 3(g)

Private investigations E+W+S

4 (1) This paragraph applies (subject to the following provisions of this paragraph) to any surveillance, inquiries or investigations that are carried out for the purpose of—

(a) obtaining information about a particular person or about the activities or whereabouts of a particular person; or

(b) obtaining information about the circumstances in which or means by which property has been lost or damaged.

(2) This paragraph does not apply to activities carried out exclusively for the purposes of market research.

(3) This paragraph does not apply to activities carried out exclusively for the purpose of determining whether a particular person is credit-worthy.

(4) This paragraph does not apply to any activities of a person with a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41) which are carried out by him for the purposes of any legal practice carried on—

(a) by him;

(b) by any firm of which he is a partner or by which he is employed;

(c) by any body corporate of which he is a director or member or by which he is employed.

[F16 (4A) This paragraph does not apply to any activities of a person who is an advocate or solicitor in Scotland in the provision of legal services—

(a) by him;

(b) by any firm of which he is a partner or by which he is employed;

(c) by any body corporate of which he is a director or member or by which he is employed.]

[F17 (4B) This paragraph does not apply to any activities, of a person who is a barrister-at-law or solicitor in Northern Ireland, which are carried out for the purposes of the provision of legal services—

(a) by him;

(b) by any firm of which he is a partner or by which he is employed;

(c) by any body corporate of which he is a director or member or by which he is employed.]

(5) This paragraph does not apply to any activities of a member of a relevant accountancy body which are carried out by him as such and for the purposes of any accountancy practice carried on—

(a) by him;

(b) by any firm of which he is a partner or by which he is employed;

(c) by any body corporate of which he is a director or member or by which he is employed.

(6) This paragraph does not apply to activities carried out for the purpose of obtaining information exclusively with a view to its use, or the use of information to which it relates, for the purposes of or in connection with the publication to the public or to a section of the public of any journalistic, literary or artistic material or of any work of reference.

(7) This paragraph does not apply to activities carried out exclusively by means of references to one or more of the following—

(a) registers or other records that are open (whether or not on the payment of a fee) to public inspection;

(b) registers or other records which are kept by the person by whom or on whose behalf the activities are carried out or to which that person has a right of access;

(c) published works.

(8) This paragraph does not apply to activities carried out with the knowledge or consent of—

(a) the person about whom, or about whose activities or whereabouts, information is sought; or

(b) every person whose interest in any property has been affected by the loss or damage about which information is sought.

(9) This paragraph does not apply to the activities of any person who carries out any inquiries or investigation merely incidentally to the carrying out of any activities which (disregarding this sub-paragraph) are not the activities of a security operative.

(10) In this paragraph “market research” includes—

(a) discovering whether a person is a potential customer for any goods or services or the extent of his satisfaction with goods or services supplied to him; and

(b) obtaining information from any person for the purpose of analysing public opinion on any matter (whether or not relating to the market for any goods or services).

Textual Amendments

F16 Sch. 2 para. 4(4A) 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. 14(b); S.S.I. 2006/381, art. 2(a)(i)(b)(i)

F17 Sch. 2 para. 4(4B) inserted (8.3.2009) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 48(6), 49(7); S.I. 2009/446, art. 2(1)(2)(b)

Commencement Information

I10 Sch. 2 para. 4 in force at 1.2.2004 by S.I. 2003/2710, art. 3(l)

I11 Sch. 2 para. 4 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)

I12 Sch. 2 para. 4 in force at 11.3.2009 for specified purposes for N.I. by S.I. 2009/644, art. 3

I13 Sch. 2 para. 4 in force at 1.5.2009 for N.I. In so far as not already in force by S.I. 2009/1058, art. 3

Taking precognitions E+W+S

[F18 4A (1) This paragraph applies (subject to sub-paragraph (2)) to the taking, other than on behalf of the Crown, of a precognition for the purposes of, or in anticipation of—

(a) criminal or civil proceedings in Scotland; or

(b) proceedings on an application [F19 to the sheriff by virtue of section 93(2)(a) or 94(2)(a) of the Children’s Hearings (Scotland) Act 2011.]

(2) This paragraph does not apply to any activities of a person who is an advocate or solicitor in Scotland.]

Textual Amendments

F18 Sch. 2 para. 4A and cross-heading 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. 14(c); S.S.I. 2006/381, art. 2(a)(i)(b)(i)

F19 Words in Sch. 2 para. 4A(1)(b) substituted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 7

Security consultants E+W+S

5 (1) This paragraph applies (subject to the following provisions of this paragraph) to the giving of advice about—

(a) the taking of security precautions in relation to any risk to property or to the person; or

(b) the acquisition of any services involving the activities of a security operative.

(2) This paragraph does not apply to the giving of legal or financial advice or to the giving of any advice about the conduct of any business involving the provision of any such services as are mentioned in sub-paragraph (1)(b).

(3) This paragraph does not apply to any activities of a member of a relevant accountancy body which are carried out by him as such and for the purposes of any accountancy practice carried on—

(a) by him;

(b) by any firm of which he is a partner or by which he is employed;

(c) by any body corporate of which he is a director or member or by which he is employed.

(4) This paragraph does not apply to the provision of training to persons for the purpose of giving them qualifications, knowledge or skill for use in the carrying out of the activities of a security operative for others.

Commencement Information

I14 Sch. 2 para. 5 in force at 1.2.2004 by S.I. 2003/2710, art. 3(l)

I15 Sch. 2 para. 5 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)

I16 Sch. 2 para. 5 in force at 11.3.2009 for specified purposes for N.I. by S.I. 2009/644, art. 3

I17 Sch. 2 para. 5 in force at 1.5.2009 for N.I. In so far as not already in force by S.I. 2009/1058, art. 3

Keyholders E+W+S

6 (1) This paragraph applies (subject to the following provisions of this paragraph) to keeping custody of, or controlling access to, any key or similar device for operating (whether mechanically, electronically or otherwise) any lock.

(2) This paragraph does not apply to activities carried out merely incidentally to the provision of any services in connection with a proposal for the sale of any premises or other property to which the key or similar device gives access.

(3) This paragraph does not apply to the activities of a person who holds a key or other device for obtaining access to any premises for purposes incidental to the provision in relation to those premises, or in relation to an individual present on those premises, of any services that do not consist in or include the carrying out of any of the activities of a security operative.

(4) In this paragraph “lock” means a lock or similar device (whether operated mechanically, electronically or otherwise) that is designed or adapted—

(a) for protecting any premises against unauthorised entry; or

(b) for securing any safe or other container specifically designed or adapted to hold valuables.

Commencement Information

I18 Sch. 2 para. 6 in force at 1.2.2004 by S.I. 2003/2710, art. 3(l)

I19 Sch. 2 para. 6 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)

I20 Sch. 2 para. 6 in force at 11.3.2009 for specified purposes for N.I. by S.I. 2009/644, art. 3

I21 Sch. 2 para. 6 in force at 1.5.2009 for N.I. In so far as not already in force by S.I. 2009/1058, art. 3