Scott v. The Security Industry Authority [2009] ScotSC 48 (25 September 2009)

Scott v. The Security Industry Authority [2009] ScotSC 48 (25 September 2009)

The Private Security Industry Act 2001, read with the 'Get Licensed' document, permits the Authority to suspend a licence and subsequently proceed to revoke it; these actions are not mutually exclusive, and the Authority is entitled to act in the public interest to protect public safety by suspending the licence pending revocation proceedings.

Citation
[2009] ScotSC 48
Parties
Pursuer: Gavin Faulds Scott; Defender: The Security Industry Authority
Jurisdiction
Scotland
Judgment Date
25 September 2009
Procedural Posture
Summary Application Appeal / Hearing on Recall of Suspension
Outcome
Application for recall of suspension refused
Legal Topics
Suspension and Revocation of Security Industry Licence, Interpretation of Private Security Industry Act 2001, Public Safety and Regulatory Powers
Administrative Law Licensing Law Suspension and Revocation of Security Industry Licence Interpretation of Private Security Industry Act 2001 Public Safety and Regulatory Powers

Case Brief

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Parties

Gavin Faulds Scott

Pursuer

The Security Industry Authority

Defender

Procedural Posture

Summary Application Appeal / Hearing on Recall of Suspension

Legal Issues

  1. 1 Whether the Private Security Industry Act 2001 permits simultaneous suspension and revocation proceedings for a security industry licence
  2. 2 Whether the suspension of the pursuer's licence was competent and justified

Ratio Decidendi

The Private Security Industry Act 2001, read with the 'Get Licensed' document, permits the Authority to suspend a licence and subsequently proceed to revoke it; these actions are not mutually exclusive, and the Authority is entitled to act in the public interest to protect public safety by suspending the licence pending revocation proceedings.

Court Disposition

Application for recall of suspension refused

Orders

  • Suspension of the pursuer's security industry licence to remain in force