First Previous (SCHEDULE 2 Private Security Appeal Board)

12 2004

Private Security Services Act 2004

SCHEDULE 3

Modifications of Act in its Application to Relevant Persons

Section 43 .

1.—Except as provided otherwise in this Schedule, sections 21 to 25, 26 (except subsections (2) and (3)), 28, 31 to 33 and 52 and paragraphs 14(1) (except subparagraphs (b), (c) and (e)) and 16(2)(a) of Schedule 2 shall not have effect in relation to relevant persons.

2.—References in paragraphs (e), (i), (k) and (m) of section 8 (2) to licensees are references to relevant persons.

3.—(a) In section 26 (2)

(i) the reference to a licensee is a reference to a relevant person,

(ii) the reference to the revocation or suspension of a licence is a reference to a prohibition of the relevant person by the Authority from providing a security service in the State or to such a prohibition for a specified period, and

(iii) the reference to the continuance in force of a licence is a reference to the continued provision of such a service.

(b) In section 26 (3)

(i) the reference to a licensee is a reference to a relevant person, and

(ii) the reference to the revocation or suspension of a licence is a reference to a prohibition of the relevant person by the Authority from providing a security service in the State or to such a prohibition for a specified period.

4.—The references in section 27 (1) to the revocation or suspension of a licence are references to a prohibition, or a prohibition for a specified period, of a relevant person from providing a security service in the State and the section applies accordingly with the necessary modifications.

5.— Section 29 is modified as follows:

(a) subsection (1) is deleted;

(b) references in the section to an identity card are to an identity card or other form of identification issued to a relevant person by the corresponding authority concerned;

(c) the reference in subsection (2)(b) to a licensee includes, where appropriate, a reference to a relevant person.

6.—References in section 30 to licensees are references to relevant persons, and references to the licence number of a licensee are to the number of the licence or other form of authorisation issued by the corresponding authority concerned.

7.—The reference in section 34 (1) to a licensee is a reference to a relevant person.

8.—The reference in section 35 to a licensee is a reference to a relevant person and that to a licence is a reference to the licence or other form of authorisation issued to such a person by the corresponding authority concerned.

9.—References in section 36 to a licensee are references to a relevant person.

10.— Section 37 (1) is amended by the insertion of “or is a relevant person authorised by a corresponding authority to provide such a service” after “that particular service”.

11.—The reference in section 38 to a licence is to a licence or other form of authorisation issued to a relevant person by the corresponding authority concerned.

12.—In section 39

(a) references to a licensee are references to a relevant person, and

(b) references to the revocation and suspension of a licence are references to the prohibition of the relevant person by the Authority from providing a security service in the State and to such a prohibition for a specified period.

13.—In section 48

(a) references to a licensee are references to a relevant person,

(b) references to the revocation or suspension of a licence are references to a prohibition, or a prohibition for a specified period, of a relevant person from providing a security service in the State, and

(c) the reference to a licence or identity card is a reference to the licence or other form of authorisation, or the identity card or other form of identification, issued to such a person by the corresponding authority concerned.

14.—In section 50

(a) references to the revocation or suspension of a licence are references to a prohibition, or a prohibition for a specified period, of a relevant person from providing a security service in the State,

(b) the reference to the continuance in force of a licence is a reference to the provision of such a security service, and

(c) the reference to a licensee is a reference to a relevant person.

15.—The references in subsections (2)(d) and (2)(f) of section 51 to licensees are references to relevant persons.

16.—References in paragraph 14 of Schedule 2 to revoking and suspending a licence are references to prohibiting the relevant person from providing a security service in the State and to so prohibiting the relevant person for a specified period.