Prospective

Investigations and enforcementU.K.

12Role of the Security Industry AuthorityU.K.

(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—

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

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

(2)The Security Industry Authority must also—

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

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

(c)keep under review the effectiveness of the requirements in reducing—

(i)the risk of physical harm to individuals arising from acts of terrorism;

(ii)the vulnerability of enhanced duty premises and qualifying events to acts of terrorism.

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

(a)must submit the guidance to the Secretary of State for approval,

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

(c)must keep any published guidance under review, and

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

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

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

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

(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.”;

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

(d)in subsection (4)(b)—

(i)the existing text after “relating to” becomes sub-paragraph (i), and

(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.”

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

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

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

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

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

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

(10)In paragraph 17—

(a)in sub-paragraph (1)—

(i)the existing text after “the Authority shall” becomes paragraph (a),

(ii)in that paragraph, after “its functions” insert “under this Act”, and

(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.”;

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

13Compliance noticesU.K.

(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.

(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.

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

(a)state the Security Industry Authority’s reasons for giving the notice;

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

(c)explain how the person may appeal against the notice.

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

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

(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.

(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.

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

(7)In this section—

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

• “specified” means specified in the compliance notice.

14Restriction noticesU.K.

(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—

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

(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.

(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.

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

(a)state the Security Industry Authority’s reasons for giving the notice;

(b)specify a period for which the notice has effect;

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

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

(e)explain how the person may appeal against the notice.

(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.

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

(a)a prohibition on how the premises may be used;

(b)a restriction on the times at which the premises may be used;

(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.

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

(a)a prohibition on the event taking place;

(b)a restriction on the times at which the event may take place;

(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.

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

(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.

(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.

(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.

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

15Variation or withdrawal of noticesU.K.

(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.

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

(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.

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

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

(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.

(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.

(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.

(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.

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

(a)the day on which the notice is given, or

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

(3)On an appeal under this section—

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

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

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

(a)based, wholly or partly, on an error of fact;

(b)wrong in law;

(c)unfair or unreasonable for any other reason.

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

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

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

(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.

(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.