Licensing

Are investigators licensed?

There is currently no requirement for a private investigator to hold a licence. It is possible for any person to set up as a private investigator.

Currently some of the activities undertaken by private investigators may be indirectly regulated through other means. For example, depending on the activities undertaken, investigators may require to be registered under the Data Protection Act, and may require a Consumer Credit Licence.

Private Security Industry Act 2001

The Private Security Industry Act 2001 (as amended) allows for licensing of private investigators and precognition agents.

Precognition agents interview witnesses for the purposes of, or in anticipation of, criminal or civil proceeding in Scotland. Proposals for the licensing of precognition agents are being considered in parallel with the development of licensing for private investigators. This is because of a similarity in the activities undertaken by both groups.

During 2005 and 2006 the Security Industry Authority (SIA) consulted extensively with individuals and representatives working within the private investigation sector on the possible approaches for licensing.

The Security Industry Authority is the organisation responsible for regulating the private security industry.

The SIA are currently developing the approach to licensing Private Investigators. The approach will be based on the requirements of the Private Security Industry Act 2001 and will take into account the findings of their consultation process.

According to the Act private investigators will need an SIA licence if they are involved in any surveillance, inquiries or investigations that are carried out for the purposes of obtaining information about a particular person or about the activities or whereabouts of a particular person; or if they are involved in obtaining information about the circumstances in which, or means by which, property has been lost or damaged.

Partial Regulatory Impact Assessment

1 August 2007: The partial Regulatory Impact Assessment (RIA) for licensing private investigation and precognition agents has been approved by the Home Office and has been published.

A Regulatory Impact Assessment (RIA) is an important exercise that helps determine the most appropriate way to implement regulation. An RIA is designed to assess the costs and benefits of new proposals for addressing regulation issues and facilitates the development of creative, flexible and informed policies.

This consultation document sets out the options for the future regulation of the activities of private investigation and precognition agents. The partial RIA illustrates the need for licensing on the basis of the potential harms posed by these activities. It then shows different options for regulation of one or both sectors to address these harms. These range from doing nothing and allowing one or both sectors to continue to self regulate, to implementing a licensing scheme with core competency requirements attached. The partial RIA also sets out the likely cost and benefits of the options. The document seeks views on all the options presented.

The partial RIA is aimed at individuals or companies operating within the Private Investigation or Precognition Agent sectors, their Associations, Agencies and Forums. It is also aimed at purchasers of these services; such as insurance companies and the legal profession, and the subjects of either activity. It will also be of interest to other public or private sector organisations with an interest in the activities of private investigation or precognition agents, or those individuals or companies with a general interest in the wider private security industry.

A copy of the RIA can be obtained by following the link on the SIA website or via the Home Office page.

Individuals and organisations with an interest in this sector have until 24 October 2007 in which to respond with their comments. After this a full RIA will provide details of the approach that will be taken.

Responses are welcomed from any stakeholder with an interest in either sector. Responses should be sent to:

• Private Investigation and Precognition Agent Consultation
  Home Office
  Crime Reduction and Community Safety Group
  SIA sponsor team
  Peel Building 4th floor
  2 Marsham Street
  London
  SW1P 4DF
• Or e-mailed to: consult.pi-pa@homeoffice.gsi.gov.uk