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12 2004

Private Security Services Act 2004

PART 1

Preliminary and General

Short title and commencement.

1. —(1) This Act may be cited as the Private Security Services Act 2004 .

(2) This Act shall come into operation on such day or days as may be fixed by order or orders made by the Minister, either generally or by reference to any particular purpose or provision, and different days may be so fixed for different provisions and different purposes of this Act.

Interpretation.

2. —(1) In this Act, unless the context otherwise requires—

“advisory committee” means a committee appointed by the Authority under paragraph 1 of Schedule 1;

“Appeal Board” means the Private Security Appeal Board established under section 40 ;

“Authority” means the Private Security Authority established under section 6 ;

“Chief Executive” means the person appointed under section 10 (1) as the chief executive officer of the Authority;

“corresponding authority” has the meaning given to it by section 42 ;

“director”, in relation to a body corporate, includes—

(a) any person occupying the position of director, by whatever name called,

(b) any person who effectively directs or has a material influence over the business of the body corporate,

(c) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act, unless the directors are accustomed so to act by reason only that they do so on advice given by the person in a professional capacity, and

(d) where the affairs of the body corporate are managed by its members, any of the members who exercises the functions of such management;

“door supervisor” means a person who for remuneration, as part of his or her duties, performs any of the following functions at, in or in the vicinity of any premises or any other place where a public or private event or function is taking place or is about to take place:

(a) controlling, supervising, regulating or restricting entry to the premises or place,

(b) controlling or monitoring the behaviour of persons therein,

(c) removing persons therefrom because of their behaviour;

“functions” includes powers and duties, and references to the performance of functions include, as respects powers and duties, references to the exercise of the powers and the performance of the duties;

“identity badge” has the meaning given to it by section 30 ;

“identity card” means a card issued under section 29 ;

“inspector” has the meaning given to it by section 14 ;

“installer of security equipment” means a person—

(a) who for remuneration installs, maintains, repairs or services electronic or other devices designed, constructed or adapted to give warning of or monitor or record unauthorised entry or misconduct on or in the vicinity of premises, and

(b) who may in that connection, as necessary, advise on methods of protecting the devices from damage or interference;

“licence” means a licence to provide a particular security service specified by the Authority, and cognate words shall be construed accordingly;

“Minister” means the Minister for Justice, Equality and Law Reform;

“person” includes a body corporate and an unincorporated body of persons;

“prescribed” means prescribed by regulations made by the Authority with the consent of the Minister;

“private investigator” means a person who for remuneration conducts investigations into matters on behalf of a client and includes a person who—

(a) obtains or furnishes information in relation to the personal character, actions or occupation of a person or to the character or kind of business in which a person is engaged, or

(b) searches for missing persons;

“private security employer” means a person who employs persons whose principal function is to provide security services for persons other than the employer;

“Register” means the Private Security Register established under section 33 ;

“relevant person” has the meaning given to it by section 42 ;

“remuneration” includes a benefit in kind but does not include any meal or refreshment provided in connection with the performance of a service;

“security consultant” means a person who for remuneration advises on methods of protecting property, including information recorded in non-legible form, from vandalism, intrusion, trespass, theft or from being otherwise damaged or interfered with but does not include—

(a) a person who advises on such methods in the ordinary course of carrying out an audit, or

(b) an installer of security equipment;

“security guard” means a person who for remuneration guards or patrols or provides any other protective services in relation to persons or property and includes a person who for those purposes—

(a) provides those services exclusively for an employer who is not a private security employer,

(b) monitors security equipment,

(c) supervises and inspects security guards while they are guarding or patrolling,

(d) accompanies a guard dog while the dog is guarding or patrolling, or

(e) controls, supervises, regulates, restricts or directs the movements of persons, whether in vehicles or otherwise, in relation to any premises or any other place where a public or private event or function is taking place or about to take place;

“security service” means a service provided by a private security employer or by any one of the following persons in the course of an employment or as an independent contractor (but, except in the case of a door supervisor or security guard, does not include a service provided by a person whose principal function is to provide it only for the person's employer):

(a) door supervisor,

(b) supplier or installer of security equipment,

(c) private investigator,

(d) security consultant,

(e) security guard,

(f) provider of protected forms of transport,

(g) locksmith,

(h) supplier or installer of safes.

(2) In this Act, unless the context otherwise requires—

(a) a reference to a section is a reference to a section of this Act,

(b) subject to paragraph (c), a reference to a subsection, paragraph, subparagraph or clause is a reference to a subsection, paragraph, subparagraph or clause of the provision in which the reference occurs, and

(c) a reference to a paragraph in a Schedule to this Act is a reference to a paragraph of that Schedule.

Exemptions.

3. —(1) Without prejudice to sections 43 and 52, this Act does not apply to relevant persons or to—

(a) a member of the Garda Síochána,

(b) a member of the Defence Forces,

(c) a member of a company's harbour police within the meaning of section 54 of the Harbours Act 1996 ,

(d) an authorised officer, or authorised person, within the meaning of the Air Navigation and Transport Acts 1936 to 1998,

(e) an officer or employee of a Government department or State agency, or

(f) a person employed as apprentice by a person providing a security service,

while carrying out the duties of his or her office or employment or to a person employed as a resident caretaker who keeps property under surveillance only as an incidental part of the duties of his or her employment.

(2) The Authority may by order exempt from any or all of the provisions of this Act persons providing security services or security services of a particular class at a specified place, event or function or specified class of place, event or function or in connection with a visit to the State by a specified person where in its opinion, by reason of the size of the expected attendance or other exceptional circumstances, it would not otherwise be reasonably practicable to provide the requisite level of security services there.

(3) Notice of any such exemption shall be published in Iris Oifigiúil.

Laying of orders and regulations before Houses of Oireachtas.

4. —Every order (other than an order under section 1 ) and regulation made under this Act by the Minister or, as the case may be, the Authority shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Expenses of Minister.

5. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.