Supplemental E+W+S

25 Interpretation E+W+S

(1) In this Act—

• “activities of a security operative” shall be construed in accordance with Part 1 of Schedule 2;

• “activities subject to additional controls” shall be construed in accordance with Part 2 of that Schedule;

• “the Authority” means the Security Industry Authority;

• “contravention” includes a failure to comply, and cognate expressions shall be construed accordingly;

• “designated activities” has the meaning given by section 3(3);

• “director”—

  (a)

  in relation to a company (within the meaning of the Companies Act 1985 (c. 6)), includes a shadow director;

  (b)

  in relation to any such company that is a subsidiary of another, includes any director or shadow director of the other company; and

  (c)

  in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate;

• “information” includes reports, references and other documents, photographs and data of any description;

• “licence” means a licence from the Authority under this Act;

• “licensable conduct” shall be construed in accordance with section 3(2);

• “local statutory provision” means—

  (a)

  a provision of any local Act;

  (b)

  a provision of any instrument in the nature of a local enactment;

  (c)

  a provision of any instrument made under a local statutory provision;

• “modification” includes amendments, additions and omissions, and cognate expressions shall be construed accordingly;

• “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle;

• “premises” includes any vehicle or moveable structure and any other place whatever, whether or not occupied as land;

• “relevant accountancy body” means any of the following—

  (a)

  the Institute of Chartered Accountants in England and Wales;

  (b)

  the Institute of Chartered Accountants of Scotland;

  (c)

  the Institute of Chartered Accountants in Ireland;

  (d)

  the Association of Chartered Certified Accountants;

  (e)

  the Chartered Institute of Management Accountants;

  (f)

  the Chartered Institute of Public Finance and Accountancy;

• “security industry services” means services which are provided under a contract for services and in the course of which the person providing the services secures—

  (a)

  that the activities of a security operative are carried out; or

  (b)

  that a person is made available to carry out, under directions given by or on behalf of another person, any activities which will or are likely to consist of or include the activities of a security operative;

• “surveillance” includes covertly listening to or recording conversations or other sounds and any method of covertly obtaining information;

• “shadow director” means a shadow director as defined in [F1 section 251 of the Companies Act 2006] ;

• “subsidiary” means a subsidiary as defined in section 736 of the Companies Act 1985 (c. 6);

• “vehicle” includes any vessel, aircraft or hovercraft.

(2) In this Act references, in relation to a firm, to a member of the firm include references to any person who, in relation to that firm, is liable as a partner under section 14 of the Partnership Act 1890 (c. 39) (persons liable by “holding out”).

[F2 (3) In the application of this section to Northern Ireland, a reference to an Act that does not extend there shall be taken as a reference to the equivalent (or nearest equivalent) legislation that does.]

Textual Amendments

F1 Words in s. 25(1) substituted (1.10.2007) by The Companies Act 2006 (Commencement No. 3, Consequential Amendments, Transitional Provisions and Savings) Order 2007 (S.I. 2007/2194), art. 1(3)(a), Sch. 4 para. 96 (with art. 12)

F2 S. 25(3) added (8.3.2009) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 48(6), 49(6); S.I. 2009/446, art. 2(1)(2)(b)

Commencement Information

I1 S. 25 in force at 6.7.2006 for S. by S.S.I. 2006/382, art. 3(a)