The Act Schedule 15: Private Security Industry Act 2001: Scottish extent
441.Schedule 15 makes a number of amendments to the PSIA 2001 to extend its scope to include Scotland. These are mainly technical in nature. Where a section of the 2001 Act is not amended this is because it will apply in Scotland without modification.
442.Paragraph 2(a) amends section 2 of the PSIA 2001 which deals with directions by the Secretary of State. It places a duty on the Secretary of State to consult Scottish Ministers where any directions to the SIA relate either wholly or mainly to Scotland.
443.Paragraph 2(b) places a duty on the SIA to provide Scottish Ministers with such information relating to its activities in Scotland as is requested by them.
444.Paragraph 3 inserts a new section 2A into the PSIA 2001. New section 2A provides that for certain purposes the SIA is to be treated as a cross-border public authority within the meaning of the Scotland Act 1998. These purposes are:
445.Paragraph 4 adds a new subsection 3(3A) to the PSIA 2001 which gives the Scottish Ministers the power to designate activities under subsection 3(2) after consultation with the Secretary of State. Paragraph 5 amends section 7 of the PSIA 2001 which deals with licensing criteria and directs that the SIA must publish details of the determining criteria and how that criteria should be determined. Section 7 requires that the Secretary of State must first approve any criteria or revised criteria in order for them to have effect. This amendment has the effect of requiring the Secretary of State to consult Scottish Ministers before giving such approval.
446.Paragraph 6 amends section 11 of the PSIA 2001 which sets out the mechanisms for appeals against refusal of grant of a licence, conditions imposed on a licence issued under the Act or where a licence is modified or revoked. The amendments are technical and ensure that the appeals system works within the Scottish Justice system by providing for a first appeal to a Sheriff and a subsequent appeal to a Sheriff Principal.
447.Paragraph 7 amends section 13 of the PSIA 2001 so that it does not have effect in Scotland. The section has the effect of allowing the Secretary of State, by order, to make provision for local authorities in England and Wales to carry out some or all of the functions of the SIA. The power has not been exercised.
448.Paragraph 8extends the provisions of section 15 of the PSIA 2001 to include Scotland. Section 15 imposes a duty on the SIA to maintain a scheme by which persons providing security industry services in England and Wales may receive approval of their services or part of them by the SIA.
449.Section 18 of the PSIA 2001 sets out the mechanisms for appeals against refusal of an application for approval under section 15, conditions imposed on an approval and the the modification or withdrawal of an approval. Paragraph 9 ensures that the appeal mechanism works within the Scottish justice system.
450.Paragraph 10 amends section 23 of the PSIA 2001 so that the partners of a Scottish partnership may be prosecuted for an offence under the Act as well as the partnership itself.
451.Section 24 of the PSIA 2001 requires the Secretary of State to consult the Security Industry Authority before making any orders or regulations. Paragraph 11 makes the following amendments to that section:
	1(a): Allows Scottish Ministers to make regulations in respect of Schedule 2 paragraph 8(3)(d);
	1(b): Allows Scottish Ministers to make orders and regulations under the Act by statutory instrument;
	1(c): Exempts the need for an order made by Scottish Ministers to be laid before the Westminster Parliament;
	1(d): Requires an order or regulations made by Scottish Ministers to be laid before the Scottish Parliament subject to negative resolution procedure; and
	1(e): Requires the Secretary of State to consult Scottish Ministers before making regulations or an order except where the regulations or order relates to vehicle immobilisation, which does not apply in Scotland.
11(f): allows any order or regulations made under the Act by the Scottish Ministers to contain any such incidental, supplemental, consequential and transitional provisions as they see fit.
452.Paragraph 12 adds a new section 26(2A) which gives the Scottish Ministers powers to commence the provisions of the Private Security Industry Act 2001 after consultation with the Secretary of State. It also amends section 26(4) and extends the provisions of the PSIA 2001 to Scotland.
453.Paragraph 13 amends Schedule 1 to the PSIA 2001. Schedule 1 contains detailed provisions about the constitution of the Security Industry Authority, including membership, financial matters and production of an annual report. This paragraph:
	Requires the Secretary of State to consult Scottish Ministers prior to appointing or removing the Chairman of the Authority;
	Requires the Secretary of State to consult Scottish Ministers before approving the appointment of a Chief Executive;
	Allows Scottish Ministers to make payments to the SIA from the Scottish Consolidated Fund in respect of its Scottish operations;
	Requires the SIA to send a copy of its statement of accounts to the Scottish Ministers and for the Scottish Ministers to present those accounts to the Scottish Parliament;
	Requires the SIA to send its annual report to the Scottish Ministers and for the Scottish Ministers to lay a copy of this report before the Scottish Parliament.
454.Paragraph 14amends Schedule 2 to the 2001 Act. Schedule 2 describes the activities that are subject to control under the Act. Part 1 relates to the controlled activities of security operatives. Part 2 provides for additional controls in relation to door supervisors and, in England and Wales only, wheel clampers. The amendments to the Schedule are as follows:
	14(a): Paragraph 3 of Schedule 2 relates to the immobilisation of vehicles by wheel clampers and relates to England and Wales only as they may not operate in Scotland. Therefore, this amendment has the effect of restricting this paragraph to England and Wales only.
	14(b): Paragraph 4(1) of Schedule 2 defines the activities covered as surveillance, inquiries or investigations carried out for the purpose of obtaining information about a person or about a person’s activities or whereabouts. It also excludes certain activities and this amendment creates an additional exclusion relating to Scotland. A new sub paragraph (4A) is inserted after paragraph 4(4) which excludes the provisions of paragraph 4 from applying to the activities of anyone who is an advocate or solicitor in Scotland in the provision of legal services by him, his firm or a body corporate of which he is a director or member or by which he is employed.
	14(c): This paragraph introduces regulation by the SIA of precognition officers other than those acting on behalf of the Crown or a person who is an advocate or solicitor in Scotland. This is achieved by the addition of a new paragraph 4A in Part 1 of Schedule 2. This will apply only in Scotland as precognition officers do not exist in England and Wales.
	14(d): Amendments to paragraph 8(2) extend the definition of licensed premises for the purposes of additional controls to include those which are applicable in Scotland. This covers the following Scottish licensed premises:Public Houses;Hotels;Dance halls under an entertainments licence;Premises to which an occasional licence applies;Premises for which an occasional permission applies;Premises licensed under the Civic Government (Scotland) Act;
	14(e): this paragraph specifies that precognition agents are the third group subject to additional controls. This is to ensure that all precognition agents who work for defence agents are regulated regardless of their employment status.