Private Security Personnel and Private Investigators Act 2010

Emergency appointments of responsible employees

61 Emergency appointment of responsible employee

(1)

A person who does not hold an appropriate certificate of approval may be employed, engaged on contract, or act, as a responsible employee if—

(a)

he or she has applied for a certificate of approval and paid the prescribed fee; and

(b)

the person who engages the person, or permits the person to act,—

(i)

has, owing to employee illness or emergency, insufficient employees who hold a certificate of approval to carry on his or her business; and

(ii)

is satisfied on reasonable grounds that the person has applied for an appropriate certificate of approval and that the information provided in the application indicates that no ground of disqualification under section 62 exists; and

(iii)

is to the best of his or her knowledge satisfied that the person is not currently charged with an offence that, if it resulted in conviction, would be a ground of disqualification under section 62; and

(iv)

has no reason to believe that any statement in the application is incorrect; and

(v)

notifies a Licensing Authority in the prescribed manner before employing or engaging the person, or permitting the person to act, as a responsible employee; and

(vi)

complies with any requirements prescribed in regulations made under this Act relating to the making of emergency appointments under this section.

(2)

Except with the prior approval of a Licensing Authority, a person (Y) must not in reliance on this section employ or engage a person, or permit a person to act, as a responsible employee, or continue to do so, if Y—

(a)

has already employed, engaged, or permitted the person to act as a responsible employee in reliance on this section for a continuous period of 2 weeks; or

(b)

has already employed, engaged, or permitted the person to act as a responsible employee in reliance on this section on an occasion more than 2 weeks previously.

(3)

If under subsection (1) a person (Y) employs or engages a person, or permits a person to act, as a responsible employee, Y must immediately stop the person from undertaking any work for which the person would be required to hold a certificate of approval if Y is instructed by a Licensing Authority to do so by service of a notice in writing.

Section 61(1)(b)(v): amended, on 14 November 2018, by section 228 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

Section 61(2): amended, on 14 November 2018, by section 228 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).

Section 61(3): amended, on 14 November 2018, by section 228 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).