In the past a small criminal element opting in and out of the security industry has given it a poor reputation and, despite its size, the industry has never been properly regulated under the law.

But that is changing with the implementation of the Private Security Industry Act 2001.

Setting up the SIA

Central to the Act is the setting up of the SIA. We're here to help improve the security industry's image so that the general public – and the wider business world - have a much clearer understanding of how the industry is regulated and who is entitled to work in it.

We also want to make it a better and more attractive industry in which to be employed – with better training opportunities, resulting in a recognised award and a decent career progression.

The SIA is the only authority in England and Wales dealing with these private security issues and we report directly to the Home Secretary.

A key role for the SIA involves the managing and issuing of licences for people working in particular areas of the private security business. Another crucial area for the future is developing an Approved Contractor Scheme.

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What is the SIA?

The SIA is the organisation responsible for regulating the private security industry according to the requirements set out by the Private Security Industry Act 2001.

We are an Executive Non-Departmental Public Body (NDPB) responsible directly to the Home Secretary. An NDPB carries out specialised functions on behalf of its ‘parent’ government department and has substantial operational freedom in discharging the functions given to it.

We became a separate organisation on 1 April 2003, with our governing Board, Chairman (Peter Hermitage) and Chief Executive (John Saunders). We have headquarters in Central London and a regional structure covering England and Wales.

Our mission is "to help protect society by collaboratively developing and achieving high standards in the private security industry."

How will the public benefit from licensing?

The public will be able to rely on the fact that anyone legitimately possessing an SIA licence has demonstrated a given level of probity and professionalism, and that any company legitimately showing SIA approval is able to deliver a certain quality of service. The public will, therefore, for the first time have a national benchmark of probity and professionalism in the private security industry.

What sectors will be covered?

Anyone working in designated sectors of the industry in England and Wales will require a licence. The designated sectors are:

• Door supervisors both in-house and supplied under contract,
• Vehicle immobilisers on private land both in-house and supplied under contract,
• Security guards supplied under contract
• Key holders supplied under contract
• Close protection operatives supplied under contract
• Cash and valuables in transit operatives supplied under contract
• CCTV (public space surveillance) operatives supplied under contract
• Private investigators supplied under contract

How much does a licence cost?

The application fee will cost £190 for an individual licence, this will cover the licence holder for a three year period (or one year for vehicle immobilisers).

Who will be held responsible for operatives working without a licence?

It will be the responsibility of the individual and his/her employer to ensure that an operative is licensed. The person receiving the services also needs to verify that the staff being supplied to them do hold the valid licences.

What are the penalties for working without an SIA licence?

Any individual who carries out licensable activities without a valid SIA licence is at risk of prosecution under the Private Security Industry act 2001, the penalties for this can be either:

• Summary conviction at a Magistrates Court - where the maximum penalty is 6 months imprisonment and/or a fine up to £5000.
• Trial on indictment at the Crown Court, whereby an unlimited fine and/or five years imprisonment could be imposed.

If you receive a warning or caution for working without a valid SIA licence, this may be taken into consideration in any subsequent licence application. This could result in you not being considered to be a "fit and proper" person to be licensed and your application rejected. Please note that as the £190 is a licence application fee, it is not refundable in the event of the licence being rejected.

Will the application fee be refunded if an application fails?

The licence application fee is not refundable if a licence is refused. It covers the costs of the administration and statutory checks the SIA makes on every application, whether or not the final decision is grant or refusal. Monies will be returned to the applicant only if the application form cannot be adequately processed, for example due to incomplete, unsigned or illegible completion of the form.

If I have a criminal conviction can I still get a licence?

The SIA will conduct a criminal check on each licence applicant. If the check reveals any convictions, cautions or warnings on the record we will consider how relevant, serious and recent the offence is to the licence being sought. This will be one of the key factors that determines whether or not a licence will be granted. In addition the applicant must also pass an identity check and achieve the appropriate skills through training.

Apart from training and criminality, what other checks are made during the application?

As well as checking your identity, training, and criminal record, we may also look at three other types of information.

• Mental Health: We will take into account any recent mental health problems where you have had to be detained in the five years prior to your application. We will not seek out information about any mental health problems which have not resulted in detention.
• Use of other information: We will not normally seek out information about you that may be held by organisations we work with - such as the police and local authorities - which has not been tested in the courts. But if such information is offered to us, then we will consider it. In this context 'information' will normally mean compelling evidence of relevant criminal activity, anti-social behaviour or criminal association. If we do not grant you a licence on the basis of this information then we will tell you, and you can, if you wish, challenge the decision and the information on which it was based.
• The right to work: We may seek information to confirm that you have the right to remain and to work in this country.

When will licensing cover Scotland?

Following the announcement of the Scottish Executive, in March 2004, that it will implement regulation of the private security industry through the SIA, we shall be working with Scotland and the Home Office to establish a programme plan and a target date for the start of licensing.