Private Security Industry Act 2001

• (a) section 5(5B) of the Parliamentary Commissioner Act 1967 (restriction on investigatory powers of Parliamentary Commissioner for Administration);

• (b) section 23(2)(b) of the Scotland Act 1998 (power of Scottish Parliament to require persons outside Scotland to give evidence or produce documents);

• (c) section 70(6) of that Act of 1998 (accounts prepared by cross-border authorities);

• (d) section 91(3)(d) of that Act of 1998 (provision for investigation of certain complaints); and

• (e) section 7(5) of the Scottish Public Services Ombudsman Act 2002 (restriction on investigatory powers of ombudsman),

the Authority is to be treated as a cross-border public authority within the meaning of that Act of 1998.

Conduct prohibited without a licence

Criminal liability of directors etc

4A

• (1) This paragraph applies (subject to sub-paragraph (2)) to the taking, other than on behalf of the Crown, of a precognition for the purposes of, or in anticipation of—

• (a) criminal or civil proceedings in Scotland; or

• (b) proceedings on an application to the sheriff by virtue of section 93(2)(a) or 94(2)(a) of the Children’s Hearings (Scotland) Act 2011.

• (2) This paragraph does not apply to any activities of a person who is an advocate or solicitor in Scotland.

10

This paragraph applies to any activities which are activities of a security operative by virtue of paragraph 4A of this Schedule.

Offence of using unlicensed security operative

False information

Offence of using unlicensed wheel-clampers

Criminal liability of directors etc