- Statutory Instrument 2004 No. 916
The Private Security Industry Act 2001 (Modification of Local Enactments) Order 2004
© Crown Copyright 2004
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Private Security Industry Act 2001 (Modification of Local Enactments) Order 2004, ISBN 0110489837. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 24th March 2004 | ||
| Laid before Parliament | 29th March 2004 | ||
| Coming into force | 19th April 2004 |
The Secretary of State, in exercise of the powers conferred upon him by section 13(5) of the Private Security Industry Act 2001[1], having consulted the Security Industry Authority in accordance with sections 13(6) and 24(4) of that Act, hereby makes the following Order:
1. - This Order may be cited as the Private Security Industry Act 2001 (Modification of Local Enactments) Order 2004 and shall come into force on 19th April 2004. City of Newcastle upon Tyne Act 2000
2. - (1) Section 15 of the City of Newcastle upon Tyne Act 2000[2] shall be modified as follows.
(2) After subsection (3) there is inserted -
-
"
(4) In proceedings for an offence under this section it is a defence for the accused to show that he holds a licence issued by the Security Industry Authority under section 8 of the Private Security Industry Act 2001 (c. 12) entitling him to act as a door supervisor or that the person he employed as a door supervisor holds such a licence and, in either case, that any conditions applicable to the licence were observed."
London Local Authorities Act 1995
3.
- (1) Section 39 of the London Local Authorities Act 1995[3] shall be modified as follows.
(2) After subsection (3) there is inserted -
-
"
(4) In proceedings for an offence under this section it is a defence for the accused to show that he holds a licence issued by the Security Industry Authority under section 8 of the Private Security Industry Act 2001 (c. 12) entitling him to act as a door supervisor or that the person he employed as a door supervisor holds such a licence and, in either case, that any conditions applicable to the licence were observed."
Local Government (Miscellaneous Provisions) Act 1982
4.
- (1) Paragraph 12 of Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982[4] shall be modified as follows.
(2) After sub-paragraph (3) there is inserted -
-
"
(3A) It shall be a defence for a person charged with an offence under this paragraph to show that he holds a licence issued by the Security Industry Authority under section 8 of the Private Security Industry Act 2001 (c. 12) entitling him to act as a door supervisor or that the person he employed as a door supervisor holds such a licence and, in either case, that any conditions applicable to the licence were observed."
Hazel Blears
Minister of State
Home Office
24th March 2004
(This note is not part of the Order)
The City of Newcastle upon Tyne Act 2000 and the London Local Authorities Act 1995 both make provision for the setting up of a register of door supervisors and make it an offence to act as, or employ, an unregistered door supervisor. This Order modifies those enactments to provide that it is a defence to any prosecution to show that the person acting as, or employed as, a door supervisor was licensed to engage in that activity by the Security Industry Authority and was complying with the terms of his licence.
Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982 enables local authorities to prescribe standard terms, conditions and restrictions in relation to public entertainment licences. Many local authorities rely on this to impose a registration scheme for door supervisors as part of a public entertainment licence. This Order modifies Schedule 1 to provide that it is a defence to any prosecution for breach of the conditions of a licence to show that the person acting as, or employed as, a door supervisor was licensed to engage in that activity by the Security Industry Authority and was complying with the terms of his licence.
Notes:
[1] 2001 c. 12.back
[4] 1982 c. 30; Schedule 1 is prospectively repealed by section 198(1) of, and paragraphs 82 and 83(c) of schedule 7 to, the Licensing Act 2003 (c. 17) from a date to be appointed.back
ISBN 0 11 048983 7