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 (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;]

[F5 (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);

(f) activities of a person employed by a police authority who is designated by a chief officer of a police force under section 38 of the Police Reform Act 2002 (police powers for police authority employees) which are carried out in the course of that employment;

[F6 (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;]

[F7 (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;

[F8 (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 police authority employees) 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;

[F9 (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.]

[F10 (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)(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)

F5 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)

F6 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)

F7 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)

F8 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)

F9 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)

F10 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

3 [F11 (1) This paragraph applies (subject to the following provisions of this paragraph) to any of the following activities—

(a) the immobilisation of a motor vehicle by the attachment to the vehicle, or to a part of it, of an immobilising device;

(b) the removal of an immobilising device from a motor vehicle; and

(c) the demanding or collection of a charge as a condition of the removal of an immobilising device from a motor vehicle.]

(2) This paragraph applies only to—

[F12 (a)] activities carried out for the purpose of preventing or inhibiting the removal of a vehicle by a person otherwise entitled to remove it.

[F13 (b) activities carried out in connection with activities mentioned in paragraph (a)]

[F14 (2A) The activities in sub-paragraph (1)(a) only fall within this paragraph where—

(a) they are carried out in circumstances in which it is proposed to impose a charge for the release of the vehicle; and

(b) they are carried out in relation to a vehicle while it is elsewhere than on a road within the meaning of the Road Traffic Act 1988 (c. 52).

(2B) The activities in sub-paragraph (1)(b) only fall within this paragraph where—

(a) they are carried out in circumstances where it is either proposed to impose a charge for the release of the vehicle or where such a charge has been imposed; and

(b) they are carried out in relation to a vehicle which was immobilised while it was elsewhere than on a road within the meaning of the Road Traffic Act 1988.

(3) The activities in sub-paragraph (1)(c) only fall within this paragraph where they are carried out in relation to a vehicle which was immobilised while it was elsewhere than on a road within the meaning of the Road Traffic Act 1988.]

[F15 (3A) This paragraph does not apply to—

(a) activities carried out [F16 for the purposes of, or in connection with,] a contract entered into by the Lord Chancellor under section 2(4) of the Courts Act 2003 (court officers, staff and services);

[F17 (aa) activities of a person carried out for the purposes of, or in connection with, arrangements made with that person’s employer by the [F18 Department of Justice in Northern Ireland] under section 69 of the Judicature (Northern Ireland) Act 1978;]

(b) 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;

(c) 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 police authority employees) where those activities are carried out in the course of that employment;

(d) 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.]

[F19 (e) 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.]

[F20 (4) This paragraph does not apply to any activities carried out in Scotland.]

[F21 (5) In the application of this paragraph to Northern Ireland any reference to a road within the meaning of the Road Traffic Act 1988 shall be read as if it were a reference to a road within the meaning of the Road Traffic Regulation (Northern Ireland) Order 1997]

Textual Amendments

F11 Sch. 2 para. 3(1) substituted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 3(2)

F12 Word in Sch. 2 para. 3(2) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 3(3)(a)

F13 Sch. 2 para. 3(2)(b) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 3(3)(b)

F14 Sch. 2 para. 3(2A)-(3) substituted for Sch. 2 para. 3(2A)(3) (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 3(4)

F15 Sch. 2 para. 3(3A) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 3(5)

F16 Words in Sch. 2 para. 3(3A)(a) substituted (1.10.2007) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 (S.I. 2007/2201), arts. 1(3), 3

F17 Sch. 2 para. 3(3A)(aa) 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), 3(2)

F18 Words in Sch. 2 para. 3(3A)(aa) substituted (12.4.2010) by The Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010 (S.R. 2010/133), art. 1, Sch. para. 8(2) (with arts. 5-7)

F19 Sch. 2 para. 3(3A)(e) 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), 3(3)

F20 Sch. 2 para. 3(4) added (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(a); S.S.I. 2006/381, art. 2(a)(i)(b)(i)

F21 Sch. 2 para. 3(5) 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), 3(4)

Commencement Information

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

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

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

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

Restriction and removal of vehicles E+W+S

[F22 3A. (1) This paragraph applies (subject to the following provisions of this paragraph) to–

(a) the moving of a vehicle by any means; F23 ...

(b) the restriction of the movement of a vehicle by any means.

[F24 (c) the release of a vehicle which has been so moved or restricted, where release is effected by returning the vehicle to the control of the person who was otherwise entitled to remove it, by removing any restriction on the movement of the vehicle or by any other means; and

(d) the demanding or collection of a charge as a condition of any such release of a vehicle.]

(2) This paragraph applies only to—

[F25 (a)] activities carried out for the purpose of preventing or inhibiting the removal of a vehicle by a person otherwise entitled to remove it.

[F26 (b) activities carried out in connection with activities carried mentioned in paragraph (a)]

[F27 (2A) The activities in sub-paragraph (1)(a) and (b) only fall within this paragraph where—

(a) they are carried out in circumstances in which it is proposed to impose a charge for the release of the vehicle; and

(b) they are carried out in relation to a vehicle while it is elsewhere than on a road within the meaning of the Road Traffic Act 1988 (c. 52).

(2B) The activities in sub-paragraph (1)(c) only fall within this paragraph where—

(a) they are carried out in circumstances where it is either proposed to impose a charge for the release of the vehicle or where such a charge has been imposed; and

(b) they are carried out in relation to a vehicle which was moved or restricted while it was elsewhere than on a road within the meaning of the Road Traffic Act 1988.

(3) The activities in sub-paragraph (1)(d) only fall within this paragraph where they are carried out in relation to a vehicle which was moved or restricted while it was elsewhere than on a road within the meaning of the Road Traffic Act 1988.]

(4) This paragraph does not apply to any activities carried out in relation to a vehicle while it is on a road within the meaning of the Road Traffic Act 1988.

(5) This paragraph does not apply to restricting the movement of a vehicle by a fixed barrier which was present when that vehicle was parked and which is reasonably understood to be for the purpose of ensuring payment which has been accepted as a condition of parking.]

[F28 (6) This paragraph does not apply to—

(a) activities carried out [F29 for the purposes of, or in connection with,] a contract entered into by the Lord Chancellor under section 2(4) of the Courts Act 2003 (court officers, staff and services);

[F30 (aa) activities of a person carried out for the purposes of, or in connection with, arrangements made with that person’s employer by the [F31 Department of Justice in Northern Ireland] under section 69 of the Judicature (Northern Ireland) Act 1978;]

(b) activities carried out by a person for the purposes of, or in connection with, a contract entered into by a local authority with a view to removing a vehicle pursuant to section 3 of the Refuse Disposal (Amenity) Act 1978 (removal of abandoned vehicles) or pursuant to regulations made under section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles illegally, obstructively or dangerously parked, or abandoned or broken down);

[F32 (ba) activities carried out by a person for the purposes of, or in connection with, a contract entered into by a district council in Northern Ireland with a view to removing a vehicle pursuant to Article 30 of the Pollution Control and Local Government (Northern Ireland) Order 1978 (removal of abandoned vehicles);

(bb) activities carried out by a person for the purposes of, or in connection with, a contract entered into by the Department for Regional Development with a view to removing a vehicle pursuant to Article 49 of the Road Traffic Regulation (Northern Ireland) Order 1997;]

(c) activities carried out by a person for the purposes of, or in connection with, a contract entered into by a police authority or another authority which maintains a body of constables with a view to removing a vehicle pursuant to regulations made under section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles illegally, obstructively or dangerously parked, or abandoned or broken down);

[F33 (ca) activities carried out by a person for the purposes of, or in connection with, a contract entered into by the Northern Ireland Policing Board with a view to removing a vehicle pursuant to Article 48 of the Road Traffic Regulation (Northern Ireland) Order 1997;]

(d) 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;

(e) 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 police authority employees) where those activities are carried out in the course of that employment;

(f) 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.]

[F34 (g) 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.]

[F28 (7) For the purposes of sub-paragraph (6)(b) “local authority” means—

(a) in relation to England, a district council, a London borough council or the Common Council of the City of London;

(b) in relation to Wales, a county council or a county borough council.]

[F35 (7A) For the purposes of sub-paragraph (6)(ba) “district council” has the meaning given by section 44 of the Interpretation Act (Northern Ireland) 1954.]

[F36 (8) This paragraph does not apply to any activities carried out in Scotland.]

[F37 (9) In the application of this paragraph to Northern Ireland any reference to a road within the meaning of the Road Traffic Act 1988 shall be read as if it were a reference to a road within the meaning of the Road Traffic Regulation (Northern Ireland) Order 1997.]

Textual Amendments

F22 Sch. 2 para. 3A inserted (28.2.2005) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005 (S.I. 2005/224), arts. 1(1), 3

F23 Word in Sch. 2 para. 3A(1)(a) omitted (11.7.2006) by virtue of The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 4(2)(a)

F24 Sch. 2 para. 3A(1)(c)(d) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 4(2)(b)

F25 Word in Sch. 2 para. 3A(2) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 4(3)(a)

F26 Sch. 2 para. 3A(2)(b) inserted (11.7.2006) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 4(3)(b)

F27 Sch. 2 paras. 3A(2A)-(3) substituted for Sch. 2 para. 3A(2A)(3) (11.7.2006) by virtue of The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2006 (S.I. 2006/1831), arts. 1(1), 4(4)

F28 Sch. 2 para. 3A(6)(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), 4(5)

F29 Words in Sch. 2 para. 3A(6)(a) substituted (1.10.2007) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 (S.I. 2007/2201), arts. 1(3), 3

F30 Sch. 2 para. 3A(6)(aa) 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), 4(2)

F31 Words in Sch. 2 para. 3A(6)(aa) substituted (12.4.2010) by The Northern Ireland Court Service (Abolition and Transfer of Functions) Order (Northern Ireland) 2010 (S.R. 2010/133), art. 1, Sch. para. 8(3) (with arts. 5-7)

F32 Sch. 2 para. 3A(6)(ba)(bb) 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), 4(3)

F33 Sch. 2 para. 3A(6)(ca) 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), 4(4)

F34 Sch. 2 para. 3A(6)(g) 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), 4(5)

F35 Sch. 2 para. 3A(7A) 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), 4(6)

F36 Sch. 2 para. 3A(8) inserted (1.10.2007) by The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2007 (S.I. 2007/2201), arts. 1(3), 4

F37 Sch. 2 para. 3A(9) 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), 4(7)

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.

[F38 (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.]

[F39 (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

F38 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)

F39 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

I14 Sch. 2 para. 4 in force at 1.2.2004 by S.I. 2003/2710, art. 3(l)

I15 Sch. 2 para. 4 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)

I16 Sch. 2 para. 4 in force at 11.3.2009 for specified purposes for N.I. by S.I. 2009/644, art. 3

I17 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

[F40 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 under section 65(7) or (9) of the Children (Scotland) Act 1995.

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

Textual Amendments

F40 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)

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

I18 Sch. 2 para. 5 in force at 1.2.2004 by S.I. 2003/2710, art. 3(l)

I19 Sch. 2 para. 5 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)

I20 Sch. 2 para. 5 in force at 11.3.2009 for specified purposes for N.I. by S.I. 2009/644, art. 3

I21 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

I22 Sch. 2 para. 6 in force at 1.2.2004 by S.I. 2003/2710, art. 3(l)

I23 Sch. 2 para. 6 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)

I24 Sch. 2 para. 6 in force at 11.3.2009 for specified purposes for N.I. by S.I. 2009/644, art. 3

I25 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