Page:Terrorism Act 2000 (UKPGA 2000-11 qp).pdf/146

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Terrorism Act 2000
c. 11141

Sch. 13

3.—(1) A person commits an offence if he publishes or causes to be published an advertisement for the provision for reward of security services by a person who does not hold a licence under this Schedule.

(2) It is a defence for a person charged with an offence under this paragraph to prove—

(a) that his business is publishing advertisements or arranging for their publication,
(b) that he received the advertisement for publication in the ordinary course of business, and
(c) that he reasonably believed that the person mentioned in the advertisement as the provider of security services held a licence under this Schedule.

4.—(1) A person commits an offence if he pays money, in respect of the provision of security services, to a person who—

(a) does not hold a licence under this Schedule, and
(b) is not acting on behalf of someone who holds a licence under this Schedule.

(2) It is a defence for a person charged with an offence under this paragraph to prove that he reasonably believed that the person to whom he paid the money—

(a) held a licence under this Schedule, or
(b) was acting on behalf of someone who held a licence under this Schedule.

5.—(1) A person guilty of an offence under paragraph 2 or 3 shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or
(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

(2) A person guilty of an offence under paragraph 4 is liable on summary conviction to—

(a) imprisonment for a term not exceeding six months,
(b) a fine not exceeding level 5 on the standard scale, or
(c) both.

Application for licence

6.—(1) An application for a licence under this Schedule shall be made to the Secretary of State—

(a) in such manner and form as he may specify, and
(b) accompanied by such information as he may specify.

(2) The Secretary of State may specify information only if it concerns—

(a) the applicant,
(b) a business involving the provision of security services for reward which is, was or is proposed to be carried on by the applicant,
(c) a person whom the applicant employs or proposes to employ as a security guard,
(d) a partner or proposed partner of the applicant (where the applicant is an individual),
(e) a member or proposed member of the applicant (where the applicant is a partnership),