Prospective

Investigations and enforcementU.K.

12Role of the Security Industry AuthorityU.K.

section 12 1 + (1)The Security Industry Authority must carry out the functions relating to the requirements in sections 5 to 10 that are conferred on it by this Part, including—

section 12 1 a + (a)exercising the investigatory powers in Schedule 3 for the purpose of assessing compliance with the requirements, and

section 12 1 b + (b)taking such enforcement action under this Part in relation to the requirements as it considers necessary.

section 12 2 + (2)The Security Industry Authority must also—

section 12 2 a + (a)prepare guidance about how it proposes to exercise its functions under this Part (including, in particular, the investigatory powers in Schedule 3),

section 12 2 b + (b)provide such advice about the requirements in sections 5 to 10 to such persons as it considers appropriate, and

section 12 2 c + (c)keep under review the effectiveness of the requirements in reducing—

section 12 2 c i + (i)the risk of physical harm to individuals arising from acts of terrorism;

section 12 2 c ii + (ii)the vulnerability of enhanced duty premises and qualifying events to acts of terrorism.

section 12 3 + (3)In relation to the guidance prepared under subsection (2)(a), the Security Industry Authority—

section 12 3 a + (a)must submit the guidance to the Secretary of State for approval,

section 12 3 b + (b)must publish the guidance if it is approved by the Secretary of State,

section 12 3 c + (c)must keep any published guidance under review, and

section 12 3 d + (d)may from time to time prepare revised guidance (and paragraphs (a) to (c) of this subsection apply to revised guidance).

section 12 4 + (4)The Private Security Industry Act 2001 is amended as follows.

section 12 5 + (5)In section 1 (the Security Industry Authority)—

section 12 5 a + (a)in subsection (2), in the words before paragraph (a), after “Authority” insert “under this Act”;

section 12 5 b + (b)after subsection (2) insert—

“(2A)The Authority also has the functions conferred on it by Part 1 of the Terrorism (Protection of Premises) Act 2025.”;

section 12 5 c + (c)in subsection (4)(a), after “under this Act” insert “or Part 1 of the Terrorism (Protection of Premises) Act 2025”;

section 12 5 d + (d)in subsection (4)(b)—

section 12 5 d i + (i)the existing text after “relating to” becomes sub-paragraph (i), and

section 12 5 d ii + (ii)at the end of that sub-paragraph insert “;

(ii)measures (existing or proposed) to reduce the risk of physical harm to individuals on premises and at events arising from acts of terrorism or to reduce the vulnerability of premises and events to acts of terrorism.”

section 12 6 + (6)In section 2 (directions etc by the Secretary of State)—

section 12 6 a + (a)in each of subsections (2) and (2A), after “activities” insert “under this Act”;

section 12 6 b + (b)in subsection (3), in each of paragraphs (b) and (c), after “activities” insert “under this Act”.

section 12 7 + (7)Schedule 1 (the Security Industry Authority) is amended as follows.

section 12 8 + (8)In paragraph 14, in each of sub-paragraphs (1A) and (1B), after “functions” insert “under this Act”.

section 12 9 + (9)In paragraph 15, in each of sub-paragraphs (1) and (2), after “functions” insert “under this Act”.

section 12 10 + (10)In paragraph 17—

section 12 10 a + (a)in sub-paragraph (1)—

section 12 10 a i + (i)the existing text after “the Authority shall” becomes paragraph (a),

section 12 10 a ii + (ii)in that paragraph, after “its functions” insert “under this Act”, and

section 12 10 a iii + (iii)at the end of that paragraph insert “;

(b)send to the Secretary of State a report on the carrying out of its functions under Part 1 of the Terrorism (Protection of Premises) Act 2025.”;

section 12 10 b + (b)in each of sub-paragraphs (3) and (4), for “such report” substitute “report under sub-paragraph (1)(a)”.

13Compliance noticesU.K.

section 13 1 + (1)The Security Industry Authority may give a person a compliance notice if it has reasonable grounds to believe that the person is contravening or has contravened a relevant requirement.

section 13 2 + (2)A compliance notice is a notice requiring the person to whom it is given to comply with a specified relevant requirement within a specified period.

section 13 3 + (3)A compliance notice given to a person must—

section 13 3 a + (a)state the Security Industry Authority’s reasons for giving the notice;

section 13 3 b + (b)explain what may happen if the person does not comply with the notice;

section 13 3 c + (c)explain how the person may appeal against the notice.

section 13 4 + (4)A compliance notice given to a person may—

section 13 4 a + (a)require the person to take specified steps within a specified period in order to comply with the specified relevant requirement;

section 13 4 b + (b)require the person within a specified period to provide evidence to the satisfaction of the Security Industry Authority that the person is complying or has complied with the notice.

section 13 5 + (5)Before giving a compliance notice to a person, the Security Industry Authority must give the person an opportunity to make representations about the proposed notice.

section 13 6 + (6)A person may not be given more than one compliance notice in respect of the same contravention.

section 13 7 + (7)In this section—

• term relevant requirement + “relevant requirement” means a requirement imposed by any of sections 5 to 10;

• term specified + “specified” means specified in the compliance notice.

14Restriction noticesU.K.

section 14 1 + (1)The Security Industry Authority may give a person responsible for enhanced duty premises or a qualifying event a restriction notice in respect of the premises or event if it has reasonable grounds to believe that—

section 14 1 a + (a)a person is contravening or has contravened a requirement in section 5 or 6 in relation to the premises or event, and

section 14 1 b + (b)giving the notice is necessary to reduce the risk of physical harm to individuals arising from acts of terrorism on the premises, at the event or in the immediate vicinity of the premises or event.

section 14 2 + (2)A restriction notice is a notice requiring the person to whom it is given to comply with specified prohibitions or restrictions relating to enhanced duty premises or a qualifying event.

section 14 3 + (3)A restriction notice given to a person must—

section 14 3 a + (a)state the Security Industry Authority’s reasons for giving the notice;

section 14 3 b + (b)specify a period for which the notice has effect;

section 14 3 c + (c)explain that the period for which the notice has effect may be varied under section 15;

section 14 3 d + (d)explain what may happen if the person does not comply with the notice;

section 14 3 e + (e)explain how the person may appeal against the notice.

section 14 4 + (4)The period specified under subsection (3)(b) must not exceed six months, beginning with the day on which the notice is given, unless it does so by reason of a variation under section 15.

section 14 5 + (5)The prohibitions and restrictions that may be specified in respect of enhanced duty premises include—

section 14 5 a + (a)a prohibition on how the premises may be used;

section 14 5 b + (b)a restriction on the times at which the premises may be used;

section 14 5 c + (c)a restriction on the number of individuals who may be permitted to be present on the premises at the same time or at specified times.

section 14 6 + (6)The prohibitions and restrictions that may be specified in respect of a qualifying event include—

section 14 6 a + (a)a prohibition on the event taking place;

section 14 6 b + (b)a restriction on the times at which the event may take place;

section 14 6 c + (c)a restriction on the number of individuals who may be permitted to be present at the event at the same time or at specified times.

section 14 7 + (7)A restriction notice may provide that a specified prohibition or restriction does not apply if specified conditions are met.

section 14 8 + (8)A restriction notice may require the person to whom it is given, within a specified period, to provide evidence to the satisfaction of the Security Industry Authority that the person is complying or has complied with the notice.

section 14 9 + (9)Before giving a restriction notice to a person, the Security Industry Authority must give the person an opportunity to make representations about the proposed notice.

section 14 10 + (10)Subsection (9) does not apply if the Security Industry Authority considers that there is an urgent need to give the restriction notice to the person.

section 14 11 + (11)term specified + In this section “specified” means specified in the restriction notice.

15Variation or withdrawal of noticesU.K.

section 15 1 + (1)The Security Industry Authority may vary or withdraw a compliance notice or a restriction notice by giving notice of the variation or withdrawal to the person to whom the original notice was given.

section 15 2 + (2)A compliance notice may not be varied so as to make it more onerous.

section 15 3 + (3)A restriction notice may not be varied so as to make it more onerous, except by varying it to extend the period for which it has effect.

section 15 4 + (4)A restriction notice may be varied to extend the period for which it has effect only if—

section 15 4 a + (a)the period for which it would have effect but for the variation has not expired, and

section 15 4 b + (b)the Security Industry Authority has reasonable grounds to believe that its reasons for giving the original notice will continue to apply during the extended period.

section 15 5 + (5)A restriction notice may not be varied to extend the period for which it has effect by more than three months at a time.

section 15 6 + (6)Before varying a restriction notice to extend the period for which it has effect, the Security Industry Authority must give the person to whom the original notice was given an opportunity to make representations about the proposed variation.

16Appeals against noticesU.K.

section 16 1 + (1)A person who is given a compliance notice or a restriction notice may appeal to the tribunal against the notice or a variation of the notice.

section 16 2 + (2)An appeal under this section must be brought before the end of the period of 28 days beginning with—

section 16 2 a + (a)the day on which the notice is given, or

section 16 2 b + (b)if the appeal is in respect of a variation of the notice, the day on which notice of the variation is given.

section 16 3 + (3)On an appeal under this section—

section 16 3 a + (a)if the tribunal is satisfied that any of the grounds in subsection (4) applies, it may vary or cancel the notice;

section 16 3 b + (b)if the tribunal is not so satisfied, it must dismiss the appeal.

section 16 4 + (4)The grounds referred to in subsection (3)(a) are that the decision to give or vary the notice was—

section 16 4 a + (a)based, wholly or partly, on an error of fact;

section 16 4 b + (b)wrong in law;

section 16 4 c + (c)unfair or unreasonable for any other reason.

section 16 5 + (5)In determining an appeal under this section, the tribunal may—

section 16 5 a + (a)review any determination of fact on which the decision to give or vary the notice was based;

section 16 5 b + (b)take into account evidence which was not available to the Security Industry Authority.

section 16 6 + (6)Where an appeal in respect of a compliance notice is made under this section, the notice or variation (as the case may be) is of no effect until the appeal is determined or withdrawn unless the tribunal orders otherwise.

section 16 7 + (7)Where an appeal in respect of a restriction notice is made under this section, the tribunal may order that the notice or variation (as the case may be) is of no effect until the appeal is determined or withdrawn.