2010 No. 3018
The Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2010
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 4 of the Private Security Industry Act 20011.
In accordance with section 4(1) of that Act, it appears to the Secretary of State that there are circumstances in which licensable conduct is engaged in only by persons to whom suitable alternative arrangements will apply; and she is satisfied that, as a consequence, it is unnecessary for persons engaging in any such conduct in those circumstances to be required to be licensed under that Act.
In accordance with section 24(4) of that Act2, she has consulted the Scottish Ministers, the Department of Justice in Northern Ireland, and the Security Industry Authority.
Citation and commencement1
These Regulations may be cited as the Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2010 and shall come into force on 14th January 2011.
Interpretation2
In these Regulations—
“the 2001 Act” means the Private Security Industry Act 2001;
“the 2010 Regulation” means Commission Regulation (EU) No 185/20103.
Exemption in respect of aviation security services3
A person who engages in licensable conduct in the circumstances prescribed in regulation 4 shall not be guilty of an offence under section 3 of the 2001 Act4 (conduct prohibited without a licence) if he conducts that licensable conduct in those prescribed circumstances.
Prescribed circumstances4
1
The circumstances prescribed for the purposes of this regulation are those where a person is provided to implement or be responsible for the implementation of screening, access control or other security controls in a security restricted area in accordance with the 2010 Regulation, and satisfies the requirements in paragraph (2).
2
The requirements for the purposes of this paragraph are—
a
the person is selected in accordance with points 11.1.1 and 11.1.3 of the 2010 Regulation; and
b
the person satisfies any training requirement specified in respect of him in paragraph (3).
3
The training requirements specified for the purposes of this paragraph are that the person is trained—
a
in accordance with points 11.2.2, 11.2.3.1 and 11.2.3.4-8 of the 2010 Regulation; or
b
where that person is a supervisor or security manager, in accordance with points 11.2.4 and 11.2.5 of the 2010 Regulation.
4
For the purposes of this regulation—
“person” means a person who is provided to implement or be responsible for the implementation of screening, access controls or other security controls in a security restricted area in accordance with the 2010 Regulation;
“security manager” means a person having general responsibility at national or local level for ensuring that a security programme and its implementation meet all legal provisions;
“security restricted area” is to be construed in accordance with point 1.1.2 of the 2010 Regulation;
“supervisor” means a person directly supervising persons implementing access controls or other security controls.
Revocation of the Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2006 and other amending Regulations5
The following are revoked:
a
the Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 20065;
b
regulation 2 of the Private Security Industry Act 2001 Regulations (Amendment) Regulations 20076; and
c
the Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2006 (Amendment) Regulations 20097.
(This note is not part of the Regulations)