Private Security Services Act 2004

Transitional provision.

52

52.—(1) In this section, “critical date” means, in relation to a person who is providing a security service, the date on which the person is required by this Act to hold a licence.

(2) This Act does not apply in relation to a person—

( a) who, immediately before the critical date, was providing a security service,

( b) who intends to continue to provide the service after that date,

( c) who has applied by that date to the Authority for a licence, and

( d) whose application has not been determined.

(3) For the purposes of subsection (2) an application for a licence is to be taken as not to have been determined—

( a) if the applicant has not been notified that the Authority has decided to refuse to grant the licence, or

( b) where the applicant has been so notified, until—

(i) one month has elapsed after the notification and the decision has not been appealed, or

(ii) any appeal against the decision has been finally determined.

(4) ( a) Where the Authority has refused the application, it may, if in its opinion the safety or welfare of any person or persons is or may be at risk from the continued provision of the security service by the applicant, declare that this section shall no longer apply in relation to the applicant and give notice to the applicant of its decision to make the declaration, stating the grounds on which the decision was made.

( b) This section shall cease to apply in relation to the applicant when the applicant receives or is deemed to receive the notice.