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United Kingdom Statutory Instruments


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URL: http://www.bailii.org/uk/legis/num_reg/2006/20060427.html

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STATUTORY INSTRUMENTS


2006 No. 427

SECURITY INDUSTRY, ENGLAND AND WALES

The Private Security Industry Act 2001 (Duration of Licence) Order 2006

  Made 15th February 2006 
  Laid before Parliament 27th February 2006 
  Coming into force 20th March 2006 

The Secretary of State makes the following Order in exercise of the powers conferred by section 8(8)(b) of the Private Security Industry Act 2001[1].

     In accordance with section 24(4)[2] of that Act he has consulted with the Security Industry Authority.

Citation, commencement and extent
     1. —(1) This Order may be cited as the Private Security Industry Act 2001 (Duration of Licence) Order 2006 and shall come into force on 20th March 2006.

    (2) This Order extends to England and Wales.

Interpretation
    
2. —(1) In this Order "the 2001 Act" means the Private Security Industry Act 2001.

    (2) In this Order "category of licensable activity" means any one of the following—

    (3) In this Order "category of licensable conduct" means either of the following—

Duration of front-line licences for the immobilisation, restriction or removal of vehicles
     3. —(1) A licence issued by the Security Industry Authority under section 8 of the 2001 Act in respect of any person specified in paragraph (2) shall remain in force for a period of one year beginning with the day on which it is granted.

    (2) A person is specified for the purposes of paragraph (1) if—

Duration of licences issued by way of renewal
    
4. —(1) A licence issued by the Security Industry Authority under section 8 of the 2001 Act by way of renewal of an existing licence previously issued by it under the same provision shall remain in force for the period specified in paragraph (2).

    (2) The period specified for the purposes of paragraph (1) is the sum of—

    (3) For the purposes of paragraph (1), a licence may only be issued by way of renewal of an existing licence where—

Revocation
    
5. The Private Security Industry Act 2001 (Duration of Licence) Order 2005[6] shall be revoked.


Paul Goggins
Parliamentary Under-Secretary of State

Home Office
15th February 2006



EXPLANATORY NOTE

(This note is not part of the Order)


This Order makes provision in respect of the duration of licences issued by the Security Industry Authority under section 8 of the Private Security Industry Act 2001.

Article 3 of this Order provides that where such a licence is issued to persons engaged in front line licensable conduct in respect of those licensable activities contained in paragraph 3 (immobilisation of vehicles) or paragraph 3A (restriction and removal of vehicles) of Schedule 2 to the 2001 Act, it shall remain in force for a period of one year beginning on the day on which it is granted. This provision was previously made under the Private Security Industry Act 2001 (Duration of Licence) Order 2005.

Article 4 of this Order provides that where such a licence is issued to persons by way of renewal, it shall remain in force for the sum of the period of time for which the previous licence was issued and the maximum period for which the previous licence could have remained in force after the renewal was granted had that previous licence remained in force for the full period of time for which it was issued. For this purpose, a renewal can only be granted where the new licence covers the same category of licensable activity and the same category of licensable conduct as the previous licence.

Article 5 revokes the Private Security Industry Act 2001 (Duration of Licence) Order 2005.


Notes:

[1] 2001 c. 12.back

[2] Section 24(4) of the 2001 Act has been amended by paragraph 11(e) of Schedule 15 to the Serious Organised Crime and Police Act 2005 (c. 15) but the amendment is not yet in force.back

[3] Paragraph 8 of Schedule 2 to the 2001 Act has been amended by paragraph 118 of Schedule 6 to the Licensing Act 2003 (c. 17). It has also been amended by paragraph 14(d) of Schedule 15 to the Serious Organised Crime and Police Act 2005 but the amendment is not yet in force.back

[4] Paragraph 3 of Schedule 2 to the 2001 Act was amended by the Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005 (S.I. 2005/224).back

[5] Paragraph 3A of Schedule 2 to the 2001 Act was inserted by the Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005 (S.I. 2005/224).back

[6] S.I. 2005/235.back



ISBN 0 11 074092 0


 © Crown copyright 2006

Prepared 28 February 2006


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URL: http://www.bailii.org/uk/legis/num_reg/2006/20060427.html