Commentary on Sections Schedule 6: Private Security Industry: Interim Arrangements
150.This Schedule (which is given effect by section 48(2)) sets out the interim arrangements prior to the commencement of the provisions in the 2001 Act in Northern Ireland.
151.Paragraphs 4 to 7 detail the offences of providing or using unlicensed private security services. Security services are defined in paragraph 1 as the services of one or more individuals as security guards, which may or may not be provided together with services relating to the protection of property or persons. It is an offence if a person provides or offers to provide security services for reward unless he holds a licence or acts on behalf of someone who holds a licence. A person also commits an offence if he pays money in respect of the provision of security services to a person who does not hold a licence or is not acting on behalf of someone who holds a licence.
152.Paragraph 8 sets out the application process. A firm wishing to provide a security service must make an application to the Secretary of State for a licence, who may require information about the applicant, a security services business he intends to carry on, a person whom he proposes to employ as a security guard, or his partners, members or officers (including directors, managers or secretaries). It is an offence if a person makes a false or misleading statement in connection with the application for a licence.
153.Paragraph 9 states that a licence will be granted unless the Secretary of State is satisfied that any one of four conditions applies. Condition 1 is that a proscribed organisation (as defined by the Terrorism Act 2000), or an organisation which appears to be closely associated with a proscribed organisation would benefit from the granting of that licence. Condition 2 is that there are reasonable grounds to suspect that the applicant’s security services business, employees, partner, members or officers are engaged in criminal activity. Conditions 3 and 4 respectively are the applicant’s persistent failure to comply with the Schedule, and the applicant’s failure to comply with conditions imposed on a licence.
154.Paragraph 10 states that the Secretary of State may impose a condition on a licence if satisfied that it is necessary to prevent a proscribed organisation, an organisation which appears to be closely associated with a proscribed organisation, or a person who engages in criminal activity from benefiting from the licence (whether direct or indirect, financial or not).
155.Paragraph 11 states that the Secretary of State shall notify the applicant if his application for a licence is refused.
156.Paragraph 12 details the duration of a licence. The licence shall come into force on the day it is issued and will be valid for 12 months beginning with that day. If a new licence is issued to a person who already holds a licence, it will be valid for 12 months from the day after the current licence expires.
157.Paragraph 13 provides for the Secretary of State to revoke a licence if satisfied that a proscribed organisation, or an organisation which appears to be closely associated with a proscribed organisation would benefit from that licence, or if the licence holder’s security services business (or associates) are engaged in criminal activity. A licence may also be revoked if the licence holder has persistently failed to comply with the requirements of this Schedule, or has failed to comply with a condition imposed on the licence.
158.The Secretary of State shall not revoke a licence unless the holder has been notified of his intention to revoke the licence. Neither shall the licence be revoked by the Secretary of State unless the holder has been given a reasonable opportunity to make representations to the Secretary of State.
159.Paragraph 14 states that upon the refusal or revocation of a licence, or in the event of having conditions imposed on it, the applicant may appeal to the High Court. Where an appeal is brought to the High Court, the Secretary of State may issue a certificate to show that his decision was made in order to prevent a proscribed organisation, an organisation closely associated with a proscribed organisation or a person engaged in criminal activity, from benefiting from that licence; and can be justified by these reasons. The appellant shall be notified of the Secretary of State’s decision to issue a certificate, and may appeal against the certificate to the Tribunal established by the Northern Ireland Act 1998.
160.Where a licence-holder or an applicant proposes to employ a security guard about whom information was not given under paragraph 8, paragraphs 16 to 19 state that he shall give the Secretary of State specified information about the security guard, no less than 14 days before his employment is to commence. Where there is a relevant change in personnel (changes to the members of a partnership or officers of a body corporate), the Secretary of State must be given any information as he may specify at least 14 days before the change in personnel, or as soon as is reasonably practical. It is an offence if a person fails to give the Secretary of State information he has requested about a proposed security guard or a change in personnel.
161.Paragraph 20 provides that a constable may enter premises where security services are being provided and require records about employed security guards to be produced for his inspection. He may use reasonable force to enter the premises, and he must identify himself as a constable. It is an offence if the provider of security services does not produce the records that the constable requires. Paragraph 21 provides that it is also an offence if he keeps records about any employees which he knows are false or misleading.
162.Paragraph 22 states that where an offence is committed by a body corporate with the consent of an officer, or due to the neglect of an officer, the officer as well as the body corporate shall be guilty of the offence.
163.Paragraph 23 states that any information required by the Secretary of State must be in writing and may be sent by post. It also sets out how the Secretary of State may serve a notice on an individual, a partnership or a body corporate.