The Private Security Industry Act 2001 requires an individual to hold an SIA licence if they undertake any of the activities defined within Schedule 2 and designated under section 3(3) of the Act. It also gives the Secretary of State powers to exclude activities from Schedule 2, which would mean that persons undertaking these excluded activities would not be required to hold an SIA licence.
An additional power allows the Secretary of State to exclude premises from being considered as licensed premises for certain occasions.
These powers are conferred by:
- Paragraph 1(2) of Schedule 2, which says that "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."
- Paragraph 7(2) of Schedule 2, which says that "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 subject to additional controls." This means that persons undertaking licensable conduct falling within section 3(2)(g)(h) and (i) of the Act will not require a licence. However, persons falling within section 3(2)(a) to (f) and (j) will continue to require a licence.
- Paragraph 8(3)(d), which says that "For the purposes of this paragraph premises are not licensed premises in relation to any of the following occasions… any occasion on which letters patent of the Crown make it lawful for those premises to be used for the public performance of plays without a licence under that Act of 1968." This means that those undertaking manned guarding activities in relation to these premises on certain occasions will not be subject to additional controls.
We have developed an exclusions framework (download size: 144kb) to assist bodies wishing to apply for activities or premises to be excluded from Schedule 2.
We have also developed an exclusions checklist (download size: 30kb) to help bodies determine if their application is likely to pass the SIA assessment phase.
Applying to Exclude Premises or SIA Licensable Activities
Applications to exclude activities or premises should be on behalf of a specific (identifiable) sector, and should be made by or through:
- a government department;
- an existing regulatory body, or;
- a recognised representative body.
Please note that we cannot accept applications from individuals or venues.
You should contact us to discuss your application before you apply, using the contact details provided in the exclusions framework. You will need to:
- determine the provision of the Act under which you'll be making your application;
- review your application against our exclusions checklist; and
- submit your application to us, providing all of the information outlined in the exclusions framework.
For an activity or premises to be excluded from the Private Security Industry Act 2001, an application must pass three assessment phases:
- Assessment by the SIA
- Assessment by the Secretary of State
- Consideration by Parliament
We will consider an application only if the activity does not pose a threat to the public.