Private Security Industry Bill [H.L.] - continued        House of Lords

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SCHEDULE 2
 
  ACTIVITIES LIABLE TO CONTROL UNDER THE ACT
  PART I
  ACTIVITIES OF SECURITY OPERATIVES
 
General
     1. - (1) Subject to sub-paragraph (2), the activities which are referred to in this Act as the activities of a security operative are those to which any one or more of the following paragraphs of this Part of this Schedule applies.
 
      (2) The Secretary of State may by order amend this Part of this Schedule for the purpose of adding or excluding any such activities as he thinks fit to or from those that fall to be regarded for the purposes of this Act as the activities of a security operative.
 
      (3) The Secretary of State shall not make an order containing (with or without any other provision) any provision authorised by sub-paragraph (2) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
 
 
Manned guarding
     2. - (1) This paragraph applies (subject to the following provisions of this paragraph) to any of the following activities-
 
 
    (a) guarding premises against unauthorised access or occupation, against outbreaks of disorder or against damage;
 
    (b) guarding property against destruction or damage, against being stolen or against being otherwise dishonestly taken or obtained;
 
    (c) guarding one or more individuals against assault or against injuries that might be suffered in consequence of the unlawful conduct of others.
      (2) In this paragraph references to guarding premises against unauthorised access include references to being wholly or partly responsible for determining the suitability for admission to the premises of persons applying for admission.
 
      (3) In this paragraph references to guarding against something happening include references to so providing a physical presence, or carrying out any form of patrol or surveillance, as-
 
 
    (a) to deter or otherwise discourage it from happening; or
 
    (b) to provide information, if it happens, about what has happened.
      (4) This paragraph does not apply to the activities of an individual who exercises control over the persons allowed access to any premises to the extent only of securing, or checking, that persons allowed access-
 
 
    (a) have paid for admission; or
 
    (b) have invitations or passes allowing admission.
      (5) This paragraph does not apply to the activities of a person who, incidentally to the carrying out of any activities in relation to a group of individuals which (disregarding this sub-paragraph) are neither-
 
 
    (a) the activities of a security operative, nor
 
    (b) activities comprising the exercise of any such control as is mentioned in sub-paragraph (4),
  maintains order or discipline amongst those individuals.
 
      (6) This paragraph does not apply to the activities of a person who, incidentally to the carrying out of activities which (disregarding this sub-paragraph) are not wholly or mainly the activities of a security operative, responds to a sudden or unexpected occurrence.
 
 
Immobilisation of vehicles
     3. - (1) This paragraph applies (subject to the following provisions of this paragraph) to the immobilisation of a motor vehicle by the attachment to the vehicle, or to a part of it, of an immobilising device.
 
      (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 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.
 
 
Private investigations
     4. - (1) This paragraph applies (subject to the following provisions of this paragraph) to any surveillance, inquiries or investigations that are carried out for the purpose of-
 
 
    (a) obtaining information about a particular person or about the activities or whereabouts of a particular person; or
 
    (b) obtaining information about the circumstances in which or means by which property has been lost or damaged.
      (2) This paragraph does not apply to activities carried out exclusively for the purposes of market research.
 
      (3) This paragraph does not apply to activities carried out exclusively for the purpose of determining whether a particular person is credit-worthy.
 
      (4) This paragraph does not apply to any activities of a person with a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 which are carried out by him for the purposes of any legal practice carried on-
 
 
    (a) by him;
 
    (b) by any firm of which he is a partner or by which he is employed;
 
    (c) by any body corporate of which he is a director or member or by which he is employed.
      (5) This paragraph does not apply to any activities of a member of a relevant accountancy body which are carried out by him as such and for the purposes of any accountancy practice carried on-
 
 
    (a) by him;
 
    (b) by any firm of which he is a partner or by which he is employed;
 
    (c) by any body corporate of which he is a director or member or by which he is employed.
      (6) This paragraph does not apply to activities carried out for the purpose of obtaining information exclusively with a view to its use, or the use of information to which it relates, for the purposes of or in connection with the publication to the public or to a section of the public of any journalistic, literary or artistic material or of any work of reference.
 
      (7) This paragraph does not apply to activities carried out exclusively by means of references to one or more of the following-
 
 
    (a) registers or other records that are open (whether or not on the payment of a fee) to public inspection;
 
    (b) registers or other records which are kept by the person by whom or on whose behalf the activities are carried out or to which that person has a right of access;
 
    (c) published works.
      (8) This paragraph does not apply to activities carried out with the knowledge or consent of-
 
 
    (a) the person about whom, or about whose activities or whereabouts, information is sought; or
 
    (b) every person whose interest in any property has been affected by the loss or damage about which information is sought.
      (9) This paragraph does not apply to the activities of any person who carries out any inquiries or investigation merely incidentally to the carrying out of any activities which (disregarding this sub-paragraph) are not the activities of a security operative.
 
      (10) In this paragraph "market research" includes-
 
 
    (a) discovering whether a person is a potential customer for any goods or services or the extent of his satisfaction with goods or services supplied to him; and
 
    (b) obtaining information from any person for the purpose of analysing public opinion on any matter (whether or not relating to the market for any goods or services).
 
Security consultants
     5. - (1) This paragraph applies (subject to the following provisions of this paragraph) to the giving of advice about-
 
 
    (a) the taking of security precautions in relation to any risk to property or to the person; or
 
    (b) the acquisition of any services involving the activities of a security operative.
      (2) This paragraph does not apply to the giving of legal or financial advice or to the giving of any advice about the conduct of any business involving the provision of any such services as are mentioned in sub-paragraph (1)(b).
 
      (3) This paragraph does not apply to any activities of a member of a relevant accountancy body which are carried out by him as such and for the purposes of any accountancy practice carried on-
 
 
    (a) by him;
 
    (b) by any firm of which he is a partner or by which he is employed;
 
    (c) by any body corporate of which he is a director or member or by which he is employed.
      (4) This paragraph does not apply to the provision of training to persons for the purpose of giving them qualifications, knowledge or skill for use in the carrying out of the activities of a security operative for others.
 
 
Keyholders
     6. - (1) This paragraph applies (subject to the following provisions of this paragraph) to keeping custody of, or controlling access to, any key or similar device for operating (whether mechanically, electronically or otherwise) any lock.
 
      (2) This paragraph does not apply to activities carried out merely incidentally to the provision of any services in connection with a proposal for the sale of any premises or other property to which the key or similar device gives access.
 
      (3) This paragraph does not apply to the activities of a person who holds a key or other device for obtaining access to any premises for purposes incidental to the provision in relation to those premises, or in relation to an individual present on those premises, of any services that do not consist in or include the carrying out of any of the activities of a security operative.
 
      (4) In this paragraph "lock" means a lock or similar device (whether operated mechanically, electronically or otherwise) that is designed or adapted-
 
 
    (a) for protecting any premises against unauthorised entry; or
 
    (b) for securing any safe or other container specifically designed or adapted to hold valuables.
 
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