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Justice and Security (Northern Ireland) Act 2007

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This is the original version (as it was originally enacted).

Issue of licence

This section has no associated Explanatory Notes

9(1)The Secretary of State shall grant an application for a licence unless satisfied that any of Conditions 1 to 4 applies.

(2)Condition 1 for the refusal of a licence is that a proscribed organisation, or an organisation which appears to the Secretary of State to be closely associated with a proscribed organisation, would be likely to benefit from the licence (whether or not a condition were imposed under paragraph 10).

(3)Condition 2 for the refusal of a licence is that there are reasonable grounds to suspect that any of the following is engaged in criminal activity—

(a)a business involving the provision for reward of security services which is, was or is proposed to be carried on by the applicant,

(b)a person whom the applicant employs or proposes to employ as a security guard,

(c)a partner or proposed partner of the applicant (where the applicant is an individual),

(d)a member or proposed member of the applicant (where the applicant is a partnership), and

(e)an officer or proposed officer of the applicant (where the applicant is a body corporate).

(4)Condition 3 for the refusal of a licence is that the applicant has persistently failed to comply with the requirements of this Schedule.

(5)Condition 4 for the refusal of a licence is that the applicant has failed to comply with a condition imposed under paragraph 10.

(6)In Condition 1 a reference to a benefit is a reference to any benefit—

(a)whether direct or indirect, and

(b)whether financial or not.

(7)Paragraph 8(5) shall have effect for the purposes of Condition 2.

(8)In Condition 3 the reference to this Schedule includes a reference to—

(a)Part V of the Northern Ireland (Emergency Provisions) Act 1991 (c. 24) (private security services),

(b)Part V of the Northern Ireland (Emergency Provisions) Act 1996 (c. 22) (private security services), and

(c)Schedule 13 to the Terrorism Act 2000 (c. 11) (Northern Ireland: private security services).

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