The Security Industry Authority (SIA) published guidance on 20 October called "SIA enforcement: what to expect". It sets out what the SIA can and cannot do when it investigates or takes enforcement action, and what rights and responsibilities the person under investigation has. Close protection is one of the regulated activities it names.
What the guidance says
The guidance has 13 sections. It says the SIA's priority is securing compliance with the law, working with individuals and businesses to help them meet their obligations. Robust action, including prosecution, is for cases where offending is serious, deliberate or persistent, or where someone fails to become compliant.
It lists eight offences under the Private Security Industry Act 2001. They include working in licensable conduct without a licence, contravening licence conditions, obstructing SIA officials, failing to provide required information, making false statements to the SIA, supplying unlicensed operatives and falsely claiming approved contractor status. The SIA may also investigate related offences under the Fraud Act 2006 and the Forgery and Counterfeiting Act 1981.
The enforcement tools range from advice and written warnings, through improvement notices for businesses, to licence suspension, licence revocation, Approved Contractor Scheme sanctions and prosecution. For most of the offences the maximum penalty on summary conviction is six months' imprisonment, a fine, or both. For supplying unlicensed operatives, the guidance gives up to five years' imprisonment, an unlimited fine, or both in the Crown Court. After a conviction the SIA says it will seek a confiscation order under the Proceeds of Crime Act 2002.
On suspension, the guidance says the SIA will consider it only where it is reasonably satisfied that a clear threat to public safety could exist, and that it will also suspend in other circumstances if that is in the public interest. A suspended licence stays suspended until the matter is resolved, and the SIA reviews suspensions every 90 days, or sooner if it receives new information.
On powers, investigators can require a licence to be surrendered for inspection, enter premises you own or occupy (except property used exclusively as a home), and require documents and information. They cannot arrest or detain; the police may be asked to help. Entry is usually on advance notice, although investigators can visit without prior notice if they believe that is appropriate.
On appeals, a court appeal against a licence decision must be lodged within 21 days of the decision. For an Approved Contractor Scheme improvement need, the business must provide an action plan within five working days.
What it means for operators
These are Ops Con planning points, not SIA guidance. The guidance does not mention close protection operations specifically beyond listing the activity.
Check the licence position before the task, not after. Working without the right licence, or putting unlicensed people into licensable work, is the first offence on the list.
Keep records you could hand over. Investigators can demand documents, and failing to provide requested information is itself an offence. A named person who knows the licence and training files helps if a visit is unannounced.
Know the clocks. The 21 days to appeal and the five working days for an Approved Contractor Scheme action plan are short, so put the contact for legal advice somewhere the whole office can find it. The guidance says people have the right to seek legal advice at any time.
