Full Regulatory Impact Assessment for Manned Guards & Keyholders

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• the application process;• the order in which different industry sectors will be designated for regulationunder the Act; and• the Approved Contractor Scheme.1.12 The proposed schedule for the licensing of the security guarding sectors for atransitional period of between 6 to 12 months (as the security guarding and cash andvaluables in transit sector occupy the larger part of the overall sector, they have beengiven more time) can be seen in the table below.Table 1Licence Implementation ScheduleSectorOpen for licensing fromSIA Licence requiredfromSecurity GuardingCash and Valuables in Transit10 January 2005 20 March 200610 January 2005 20 March 2006Close Protection01 September 200520 March 2006CCTV Public SpaceSurveillance27 June 05 20 March 2006Keyholders 2005 Yet to be decidedRecipients are invited to comment on the schedule.1.13 The Home Office and the SIA are in the process of examining how regulationswill be introduced for the keyholding sector.Risk assessment1.14 The initial RIA referred to evidence of the employment of criminals in theprivate security industry leading to a risk of offences being committed, either directly orby improper use of inside knowledge gained through employment in positions of trust.The enactment of the Act reflected Parliament’s view that such a risk was sufficient tojustify a compulsory licensing scheme. This view was supported by many expressionsof concern from the public.1.15 At the current stage of the development of the licensing scheme, theperceived risks to implementation of the proposed arrangements are:• the scheme may not be sufficiently rigorous to exclude from the industry thosewhose criminal record or low professional standards make them unsuitable towork there; or• the scheme may be too onerous on businesses who do seek to reach therequired standards, to the extent that the market for providing the services inquestion is severely damaged.6
Steps to mitigate these risks are set out in paragraph 2.3.2. OPTIONS2.1 The Initial Regulatory Impact Assessment considered the option of doingnothing about the employment of unsuitable individuals in the private security industry.It did not explicitly examine the option of encouraging self-regulation, but since this wasalready a feature of the status quo, it fell within the option of doing nothing. Responsesto the White Paper were strongly supportive of legislation to provide national, consistentregulation of the industry. Extensive discussion during the passage of the legislationthrough Parliament dismissed the options of doing nothing or relying on self-regulation.The Act expressly charges the Secretary of State with establishing the Security IndustryAuthority and making regulations for the licensing of individuals in the private securityindustry. This RIA does not, therefore, re-examine the options of doing nothing or selfregulation.2.2 This Partial RIA looks, therefore, at the options for the content of regulations andthe sub-regulatory framework of SIA licensing for manned guards and keyholders, andinvites recipients to offer their views and comments on the options discussed. Theprincipal variables in preparing for regulation are the criteria for the granting of licences.Section 7 of the Act provides for the SIA to set criteria under three headings:• to determine whether applicants are fit and proper persons to undertake theroles of manned guarding and keyholding ;• to determine whether applicants have the training and skills necessary to engagein those roles; and• any other criteria which the Authority thinks fit2.3 The SIA has set the core competency requirements for training intended formanned guards and Appendix 3 provides further information about this. As forkeyholders, the SIA propose at this stage to set criteria in relation to the test for fit andproper persons and to necessary competencies and to set a minimum licensing age of18.2.4 The aim is to design a set of criteria which successfully addresses the risksidentified above; i.e. that are sufficiently rigorous to make a real difference to levels ofcrime and fear of crime and also to establish appropriate standards of probity, but thatare not so onerous that the industry cannot function. This RIA looks in broad termsat the effect of a range of options in order to establish whether they areproportional to the risks faced and place no unnecessary burdens on the impacton the public and on businesses.• Option 1: Apply a very low criminality threshold and make no competencyrequirementsThe criminality threshold could be achieved by refusing licences only to thoseapplicants whose criminal record includes serious offences. “Serious” would bedefined as (1) serious arrestable offences appearing on the face of the Policeand Criminal Evidence Act 1984 (e.g. murder, rape, possessing a firearm withcriminal intent); and (2) other offences which the SIA considered to beparticularly serious in relation to manned guarding and keyholding activities.7
Page 1 and 2: FULL REGULATORY IMPACT ASSESSMENT25
Page 3 and 4: FOREWORDDear RecipientPRIVATE SECUR
Page 8 and 9: From its knowledge of the industry,
Page 10 and 11: ‣ guarding property against destr
Page 12 and 13: that the vetting procedures to whic
Page 14 and 15: the SIA should be self-financing an
Page 16 and 17: Option 25.17 Option 2 sets the crim
Page 18 and 19: • will affect organisations diffe
Page 20 and 21: 9.8 It is also important to assess
Page 22 and 23: 2. Refuse a licence toanyone with a
Page 24 and 25: Appendix 1This Consultation Follows
Page 26 and 27: If the role involves no operative o
Page 28 and 29: Appendix 3CORE COMPETENCY TRAININGI
Page 30 and 31: Professional Guard Part 2Part 2 Par
Page 32 and 33: • Unit 9••••••••
Page 34 and 35: • Understand UK and relevant EU t
Page 36 and 37: • takes account of the culpabilit
Page 38 and 39: BASIC COST MODEL FOR A ‘TYPICAL
Page 40 and 41: • Management costs• Communicati
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Page 44 and 45: Aug-Dec 04Sept 0440 Adverts in 12 i
Page 46: Appendix 8Industry Consultation on

Full Regulatory Impact Assessment for Manned Guards & Keyholders

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