Statutory Instruments
2005 No. 224
SECURITY INDUSTRY, ENGLAND AND WALES
The Private Security Industry Act 2001 (Amendments to Schedule 2) Order 2005
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—
“ Restriction and removal of vehicles
3A. —(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 —
“ Restriction and removal of vehicles
9A. 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