The Private Security Industry Act 2001 (Exemption) (Olympics Security) Regulations 2012

Statutory Instruments

2012 No. 145

Security Industry

The Private Security Industry Act 2001 (Exemption) (Olympics Security) Regulations 2012

Made

19th January 2012

Laid before Parliament

25th January 2012

Coming into force

1st March 2012

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 4 of the Private Security Industry Act 2001(1).

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 Act(2) she has consulted the Scottish Ministers, the Department of Justice in Northern Ireland and the Security Industry Authority.

Citation and commencement

1.—(1) These Regulations may be cited as the Private Security Industry Act 2001 (Exemption) (Olympics Security) Regulations 2012.

(2) They come into force on 1st March 2012.

(3) They cease to have effect on 30th September 2012.

Interpretation

2.  In these Regulations—

“the 2001 Act” means the Private Security Industry Act 2001;

“accreditation card” means a valid Olympic Identity and Accreditation Card or a Paralympic Identity and Accreditation Card issued by the London Organising Committee;

“Bridging the Gap” means the education project developed by the Security Industry Authority and North Hertfordshire College to provide training for security personnel at the London Olympics(3);

“the London Olympics” means the Games of the XXX Olympiad that are to take place in 2012 and the XIV Paralympic Games that are to take place in that year;

“London Organising Committee” means the London Organising Committee of the Olympic Games and Paralympic Games registered at Companies House under Company No 05267819; and

“officially designated London Olympics venue” means any venue (including any public area) at, in or through which a sporting event held as part of the London Olympics is to be held or takes place.

Exemption in respect of Olympic security services

3.  A person who engages in licensable conduct in the circumstances prescribed in either regulation 4 or 5 shall not be guilty of an offence under section 3 of the 2001 Act(4) (conduct prohibited without a licence).

Prescribed circumstances

4.—(1) The circumstances prescribed for the purposes of this regulation are those where a person—

(a) is employed for the operation of the London Olympics by a London Organising Committee official security provider;

(b) is deployed to an officially designated London Olympics venue;

(c) holds an accreditation card; and

(d) satisfies the requirements in paragraph (2).

(2) The requirements for the purposes of this paragraph are where the person has either—

(a) completed a recognised Bridging the Gap course and successfully obtained one or more of the qualifications in paragraph (3) relevant to the designated activity the person is performing; or

(b) the person is in full time education and has successfully obtained one or more of the qualifications in paragraph (3) relevant to the designated activity the person is performing.

(3) The qualifications specified for the purposes of this regulation are—

(a) in the case of a person responsible for door supervision, a level 2 award in Door Supervision; or

(b) in the case of a person responsible for public space surveillance CCTV, a level 2 award in CCTV operations.

5.—(1) The circumstances prescribed for the purposes of this regulation are those where a person would not be guilty of an offence under section 3 of the 2001 Act by virtue of section 4 (6), (9), (10), (11) and (12) of the 2001 Act as a relevant employee engaged in licensable conduct carried out in connection with the use of a certified sports ground or certified sports stand for purposes for which its safety certificate has effect and the person satisfies the requirements in paragraph (2).

(2) The requirements for the purposes of this paragraph are where the person—

(a) is engaged in licensable conduct at a certified sports ground or certified sports stand that is an officially designated London Olympics venue being used for the London Olympics football competition (whether or not that ground or stand is the home ground or home premises within the meaning of those terms set out in section 4(12) of the 2001 Act);

(b) holds an accreditation card; and

(c) is working under contract to a London Organising Committee official security provider.

Lynne Featherstone

Parliamentary Under-Secretary of State

Home Office

19th January 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations exempt certain persons from the licensing requirement under section 3 of the Private Security Industry Act 2001 (“the 2001 Act”) on the basis that suitable alternative arrangements are in place which will make it unnecessary for those persons to be so licensed.

The exempt persons are to carry out licensable activity at officially designated London Olympics venues. The exemptions apply for the period from 1 March 2012 to 30 September 2012 to cover the preparation, the actual games period and the decommissioning period of the London Olympics.

Regulations 4 and 5 specify the circumstances in which a person will be exempt.

Regulation 4 specifies that a person will be exempt from the licensing requirement under the 2001 Act if they have: completed a recognised Bridging the Gap course or they are in full time education; they have successfully obtained one or more of the qualifications relevant to the activity that they are performing; they hold an Accreditation Card produced and issued by the London Organising Committee; they are employed by a London Organising Committee official security provider; and they are deployed to an officially designated London Olympics venue.

Regulation 5 specifies that a person will be exempt from the licensing requirement if they would ordinarily be exempt as a relevant employee engaged in licensable conduct carried out in connection with the use of a certified sports ground or certified sports stand for purposes for which its safety certificate has effect. This exemption applies where the person is working at a certified sports ground or certified sports stand that is an officially designated London Olympics venue being used for the football competition and the person is working under contract to a London Organising Committee official security provider.

(1)

2001 c.12; there are amendments to section 4 which are not relevant to these Regulations.

(2)

Section 24(4) was amended by section 171 of and paragraphs 1 and 11(e) of Schedule 15 to the Serious Organised Crime and Police Act 2005 (c.15) and by S.I. 2010/976.

(3)

Further information about the Bridging the Gap project can be found at: http://www.bridging-the-gap.co.uk.

(4)

There are amendments to section 3 which are not relevant to these Regulations.