The Private Security Industry (Licences) (Amendment) (No. 2) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Private Security Industry (Licences) Regulations 2004 (“the 2004 Regulations”). Regulation 3 of these Regulations amends regulation 1 of the 2004 Regulations by inserting a definition of “category of licensable activity”, a term which is inserted into the 2004 Regulations by regulation 6 of these regulations. Regulations 4 and 5 of these Regulations extend Regulations 3 and 4 of the 2004 Regulations (which prescribe the form which a licence issued by the Security Industry Authority under the Private Security Industry Act 2001 must take and the conditions that must be attached to such a licence) to cover licences issued in respect of licensable activities contained in paragraph 2 (manned guarding) and paragraph 6 (keyholding) of Schedule 2 to the Act. Regulation 5 of these Regulations also provides that a licensee is not required to display his licence on him where he undertakes licensable activities to which paragraph 3 or 3A of Schedule 2 to the Act does not apply and can demonstrate that the nature of his licensable activities on any specific occasion requires that he not be immediately identifiable as someone carrying out licensable activities and where he carries his licence on his person and is able to produce it on request.

Regulation 6 inserts a new regulation 4B into the 2004 Regulations which provides for licence integration, whereby a person holding a licence for certain types of licensable conduct and in respect of certain categories of licensable activity may also perform other specified types of licensable conduct and specified categories of licensable activity without holding a separate licence. Regulation 7 provides that licensees who are granted more than one licence can in certain circumstances seek a refund of 50% of their licence fee in respect of their additional licences.