- Statutory Instrument 2005 No. 224
The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005
© Crown Copyright 2005
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 (Amendments to Schedule 2) Order 2005, ISBN 0110522184. 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 | 7th February 2005 | ||
| Coming into force | 28th February 2005 |
Whereas the Secretary of State consulted the Security Industry Authority in accordance with section 24(4) of the Private Security Industry Act 2001[1] before laying a draft of this Order before Parliament;
And whereas each House of Parliament has approved a draft of this Order;
Now, therefore the Secretary of State, in exercise of the powers conferred upon him by paragraph 1(2) and 7(2) of Schedule 2 to the Private Security Industry Act 2001, hereby makes the following Order:
Citation, commencement and interpretation
1. - (1) This Order may be cited as the Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005 and shall come into force on 28th February 2005.
(2) In this Order "the 2001 Act" means the Private Security Industry Act 2001.
Amendments to Schedule 2
2. After paragraph 3(2) of Schedule 2 to the 2001 Act insert -
-
"
(2A) This paragraph applies only in circumstances in which it is proposed to impose a charge for the release of the vehicle."
3.
After paragraph 3 of Schedule 2 to the 2001 Act insert -
-
"
3A.
Restriction and removal of vehicles
(1) This paragraph applies (subject to the following provisions of this paragraph) to-
-
(a) the moving of a vehicle by any means; and
(b) the restriction of the movement of a vehicle by any means.
(2) This paragraph applies only to activities carried out for the purpose of preventing or inhibiting the removal of a vehicle by a person otherwise entitled to remove it.
(3) This paragraph applies only in circumstances in which it is proposed to impose a charge for the release of the vehicle.
(4) This paragraph does not apply to any activities carried out in relation to a vehicle while it is on a road within the meaning of the Road Traffic Act 1988.
(5) This paragraph does not apply to restricting the movement of a vehicle by a fixed barrier which was present when that vehicle was parked and which is reasonably understood to be for the purpose of ensuring payment which has been accepted as a condition of parking."
4.
After paragraph 9 of Schedule 2 to the 2001 Act insert -
-
"
9A.
Restriction and removal of vehicles
This paragraph applies to any activities which are activities of a security operative by virtue of paragraph 3A of this Schedule."
Hazel Blears
Minister of State
Home Office
7th February 2005
(This note is not part of the Order)
Article 2 of this Order amends paragraph 3 of Schedule 2 to the Private Security Industry Act 2001 to provide that the activities in that paragraph (immobilisation of vehicles) only amount to activities of a security operative where it is proposed to charge a fee for the release of the immobilised vehicle. Article 3 of this Order inserts a new paragraph 3A into Schedule 2 to the 2001 Act. Paragraph 3A provides that the activities of restriction (typically blocking in) and removal of vehicles are to be activities of security operatives and liable to control under the 2001 Act where it is proposed to charge a fee for the release of the vehicle. Article 4 of this Order inserts a new paragraph 9A into Schedule 2 to the 2001 Act to clarify that the activities in paragraph 3A are to be subject to additional controls.
A full regulatory impact assessment of the effect of regulations to implement the Private Security Industry Act 2001 in respect of door supervisors and vehicle immobilisers was published in January 2004 and is available from the website of the Security Industry Authority (www.the-sia.org.uk). That regulatory impact assessment covered the proposal to extend the Private Security Industry Act 2001 to include towing away and other practices, such as the restriction (typically blocking in) of vehicles.
Notes:
[1] 2001 c. 12.back
ISBN 0 11 052218 4