The Private Security Industry Act 2001 (Exemption) (Aviation Security) (Amendment) Regulations 2025
These regulations amend the 2010 Private Security Industry Act exemptions concerning aviation security.
They clarify licensing requirements for individuals involved in airport security (screening, access control) and update references.
The changes exempt certain persons from licensing under the 2001 Act due to alternative arrangements being deemed sufficient for maintaining aviation security.
The regulations also revoke the 2012 amendment regulations.
Arguments For
Improved Clarity and Efficiency: The amendments clarify the circumstances under which licensing is unnecessary, streamlining the process for aviation security personnel.
Alignment with Current Practices: The regulations align with existing practices and the need for robust aviation security protocols, assuring the public's safety.
Reduced Regulatory Burden: By exempting specific roles, these regulations reduce unnecessary administrative burdens on airport authorities and aviation entities. This can allow them to focus more on core operational needs.
Legal Basis for Exemption: The regulations rely on existing legal authority under section 4(1) of the Private Security Industry Act 2001, ensuring the amendments are legally sound.
Arguments Against
Potential for Oversight: Exemptions, even when well-intentioned, could potentially lead to oversights in security practices if alternative arrangements fail to adequately cover necessary controls and standards.
Implementation Challenges: Ensuring that alternative arrangements remain consistently effective and meet standards across all covered organizations may present implementation challenges.
Lack of Transparency: Without a full impact assessment, which the explanatory note indicated wasn't deemed necessary, there may be insufficient transparency for all involved regarding possible consequences.
Unintended Regulatory Gaps: Amendments could accidentally create loopholes that exploit the reduction in licensing requirements, either intentionally or through oversight.
The Secretary of State makes the following Regulations in exercise of the power conferred by section 4(1) of the Private Security Industry Act 2001 (“the Act”)¹.
In accordance with section 4(1) of the Act, it appears to the Secretary of State that there are circumstances in which licensable conduct is engaged in only by persons to whom suitable alternative arrangements² will apply, and the Secretary of State is satisfied that, as a consequence, it is unnecessary for persons engaging in any such conduct in those circumstances to be required to be licensed under the Act.
The Secretary of State has consulted with the Scottish Ministers, the Department of Justice and the Security Industry Authority in accordance with section 24(4)(a) of the Act³.
The Secretary of State, using powers granted by the 2001 Private Security Industry Act, creates these regulations.
They determine that sufficient alternative arrangements exist for specific aviation security personnel, eliminating the need for licenses in those instances.
Consultations were held with various parties before the changes were made.
These Regulations may be cited as the Private Security Industry Act 2001 (Exemption) (Aviation Security) (Amendment) Regulations 2025 and come into force on 1st July 2025.
These Regulations extend to England and Wales, Scotland and Northern Ireland.
The regulations' full title is stated, establishing the effective date of July 1st, 2025.
The regulations' geographical reach covers the entire United Kingdom.
The Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2010⁴ are amended as follows.
In regulation 2, omit the definition of “the 2010 Regulation”.
For regulation 4, substitute—
“Prescribed circumstances 4.
(1) The circumstances prescribed for the purposes of this regulation are those where a person is provided to implement or be responsible for the implementation of screening, access control or other security controls on behalf of—
(a) an operator of one or more aircraft registered or operating in the United Kingdom,
(b) a manager of an aerodrome in the United Kingdom,
(c) an occupier of any land forming part of an aerodrome in the United Kingdom,
(d) a person who is permitted, within the meaning of section 24A(2) of the Aviation Security Act 1982⁵, to have access to a security restricted area of such an aerodrome for the purposes of the activities of a business carried on by them, or
(e) an air cargo agent,
for purposes to which Part 2 of the Aviation Security Act 1982 (protection of aircraft, aerodromes and air navigation installations against acts of violence)⁶ applies.
(2) In this regulation—
“access control” means the application of means by which the entry of unauthorised persons or unauthorised vehicles, or both, may be prevented;
“air cargo agent” has the meaning given in section 21F of the Aviation Security Act 1982⁷;
“prohibited articles” means weapons, explosives or other dangerous devices, articles or substances that may be used to commit an act of unlawful interference that jeopardises the security of civil aviation within the meaning of section 10(4) of the Aviation Security Act 1982⁸;
“screening” means the application of technical or other means which are intended to identify or detect prohibited articles;
“security control” means the application of means by which the introduction of prohibited articles may be prevented; and
“security restricted area” has the meaning given in section 24A of the Aviation Security Act 1982.”
Amendments to the 2010 regulations are detailed.
The definition of ‘the 2010 Regulation’ is removed.
Regulation 4 is replaced, specifying circumstances where licensing isn't required.
These circumstances involve providing or overseeing screening, access control, or other security procedures at UK airports for organizations linked to aviation.
Definitions within the revised Regulation 4 are clarified, including specifications on access control, air cargo agents, prohibited articles, and security-restricted areas, all referencing the 1982 Aviation Security Act.
The Private Security Industry Act 2001 (Exemption) (Aviation Security) (Amendment) Regulations 2012⁹ are revoked.
The 2012 amendment regulations are repealed.
Dan Jarvis Minister of State Home Office 9th June 2025
The regulations are signed by Dan Jarvis, Minister of State at the Home Office, on June 9, 2025.
These Regulations amend the Private Security Industry Act 2001 (Exemption) (Aviation Security) Regulations 2010 (“the 2010 Regulations”) to continue to exempt certain persons from the licensing requirements under section 3 of the Private Security Industry Act 2001 (“the 2001 Act”) on the basis that suitable alternative arrangements are in place which make it unnecessary for those persons to be so licensed. These Regulations revoke the Private Security Industry Act 2001 (Exemption) (Aviation Security) (Amendment) Regulations 2012 (S.I. 2012/1567).
Regulation 2 retains the substance of the exemption in the previous regulation 4 of the 2010 Regulations but replaces it with updated references to the circumstances in which licensing is unnecessary.
The prescribed circumstances set out in new regulation 4 are those in which persons engaged in licensable conduct under the 2001 Act are in aviation security roles.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An Explanatory Memorandum has been published alongside these Regulations on www.legislation.gov.uk.
The explanatory note summarizes the regulation's purpose: to amend the 2010 regulations to continue exemptions from licensing for certain aviation security personnel, based on existing sufficient alternative arrangements.
The 2012 amendments are revoked.
It notes the update to licensing-unnecessary circumstances in revised regulation 4, and states that a full impact assessment wasn't needed due to the lack of expected impact on any sector.
An Explanatory Memorandum is referenced for further information.