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12 2004

Private Security Services Act 2004

PART 6

Security Services provided by Certain Persons from EU Member States

Interpretation.

42. —In this Part—

“corresponding authority” means an authority in a member state of the European Communities which—

(a) has functions that substantially correspond to those of the Authority, and

(b) is designated by the Authority as such an authority;

“relevant person” means a person who or which—

(a) holds from a corresponding authority a licence or other form of authorisation that is in force and that authorises the person to provide a security service that corresponds to a security service provided by one of the persons mentioned in the definition of “security service” in section 2 (1),

(b) proposes to provide or is providing that security service in the State, and

(c) is not prohibited by the Authority from providing such a security service.

Application of Act to relevant persons.

43. —For the purposes of controlling and supervising relevant persons in the interests of the protection of the public and investigating and adjudicating on any complaints against them this Act shall have effect in relation to such persons with the modifications specified in Schedule 3 and with any other necessary modifications.

Prior notification by relevant person of conviction or criminal proceedings.

44. —(1) A relevant person who has been convicted of an offence (other than a prescribed offence), or against whom proceedings for such an offence are pending, under the law of the State or another state shall, before providing a security service in the State, notify the Authority in the prescribed manner of the conviction or proceedings and supply the Authority with prescribed particulars thereof.

(2) Subject to section 27 , on receiving the notification or becoming otherwise aware of the conviction or proceedings the Authority may, if in its opinion the relevant person is not a fit and proper person to provide a security service in the State, prohibit the person from providing such a security service or so prohibit the person for a specified period.

(3) A relevant person who contravenes subsection (1) or who provides a security service in contravention of a prohibition under subsection (2) is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.

(4) A person shall not be convicted of an offence under this section if the court is satisfied that, in the case of a person who has been convicted of an offence, or against whom proceedings for an offence are pending, in a place other than the State, the offence does not correspond with any offence under the law of the State.

(5) This section is without prejudice to section 36 , as modified by paragraph 9 of Schedule 3.

Prohibition of relevant person from providing security service.

45. —Subject to section 27 , the Authority may at any time, if satisfied on reasonable grounds that a relevant person is not or no longer a fit and proper person to provide a security service in the State, prohibit the person from providing such a security service or so prohibit the person for a specified period.

Relations with corresponding authorities.

46. —(1) The Authority shall notify the corresponding authority concerned of—

(a) any action taken by the Authority under section 26 , 39, 44 or 45 in relation to a relevant person,

(b) the taking of any appeal by such a person and the result of any such appeal or any subsequent proceedings, and

(c) any offence under this Act committed by a relevant person.

(2) The Authority shall collaborate with and assist corresponding authorities with a view to promoting the effective performance by the Authority and those authorities of their functions in relation to relevant persons.

(3) The Authority shall publish in Iris Oifigiúil a list of corresponding authorities designated for the time being by it.

Effect of revocation or suspension of relevant person's licence or other authorisation.

47. —If a licence or other form of authorisation issued by a corresponding authority to a relevant person is revoked or suspended by it—

(a) this Part and Schedule 3 shall cease to have effect in relation to that person, and

(b) the relevant person shall be treated as a person who is not the holder of a licence,

with effect from the date of revocation or during the period of suspension.