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12 2004

Private Security Services Act 2004

PART 7

Miscellaneous

Offences.

48. —(1) Any person who—

(a) makes any false or misleading statement in any application or notice of appeal under this Act or in any document required thereunder or otherwise gives false or misleading information to the Authority or Appeal Board,

(b) being a licensee who has been notified of the suspension or revocation of the licence, produces the licence or identity card to any other person with a view to providing a security service for that person, or

(c) being a licensee, fails or refuses to keep any prescribed records or to furnish to the Authority any prescribed information or returns,

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.

(2) Where—

(a) an offence under this Act is committed by a body corporate, and

(b) the offence is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any neglect on the part of, a person who was either—

(i) a director, manager, secretary or other similar officer of the body corporate, or

(ii) a person purporting to act in any such capacity,

that person is also guilty of an offence and liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(3) Where the affairs of a body corporate are managed by its members, subsection (2) shall apply in relation to the acts or defaults of a member in connection with the member's functions of management as if he or she were a director or manager of the body corporate.

(4) Subsections (2) and (3) shall apply, with the necessary modifications, in relation to offences under this Act committed by an unincorporated body.

(5) The Authority may bring and prosecute summary proceedings for an offence under this Act.

Receipt of notification or notice.

49. —(1) A notification or notice to be given to a person by the Authority or Appeal Board under this Act shall be given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or carries on business;

(c) by sending it by prepaid registered post in an envelope addressed to the person at that address;

(d) where the person has given an address for service of notices, by leaving it at the address for such service or sending it by prepaid registered post in an envelope addressed to the person at that address;

(e) where—

(i) the Authority or Appeal Board considers that notice should be given immediately, and

(ii) a fax machine is located at an address mentioned in paragraph (b) or (d),

by sending it by fax to that machine.

(2) (a) When a notification or notice is sent by prepaid registered post, it is deemed to be received by the person on the third working day after the day on which it was so sent.

(b) When sent by fax, it is deemed to be received by the person when the sender's fax machine generates a message confirming successful transmission of the notice.

(3) For the purposes of this section a company registered under the Companies Acts 1963 to 2003 is deemed to be ordinarily resident at its registered office and every other body corporate or unincorporated body to be so resident at its principal office or place of business.

Taking effect of decision of Authority.

50. —(1) This section applies to a decision of the Authority—

(a) refusing to renew a licence,

(b) suspending or revoking a licence, or

(c) issuing a reprimand, warning or caution or an advice.

(2) Subject to subsection (3), a decision of the Authority to which this section applies takes effect on the expiration of the period within which an appeal against it may be brought, unless an appeal is duly brought, in which case the decision stands suspended pending the outcome of the appeal proceedings (including proceedings under section 41 ).

(3) A decision of the Authority to revoke or suspend a licence, if taken because in its opinion the safety or welfare of any person or persons is or may be at risk from the continuance in force of the licence, takes effect when notification of the decision, stating the grounds on which it was taken, is received or deemed to be received by the licensee.

Regulations.

51. —(1) The Minister may by regulations make such incidental or consequential provision as he or she considers necessary or expedient for the purposes of giving this Act full effect.

(2) The Authority, with the consent of the Minister, may by regulations provide for any matter referred to in this Act as prescribed and for—

(a) the categories of licences which may be issued by the Authority,

(b) the procedures governing—

(i) the grant and renewal of licences (including time limits in respect thereof),

(ii) the surrender of licences and identity cards, and

(iii) the processing of complaints under section 39 ,

(c) the form of licences and identity cards,

(d) the standards to be observed in the provision of security services by licensees or particular categories of licensees,

(e) the qualifications for licences,

(f) the records to be kept and the information and returns to be furnished by licensees, and

(g) different fees, or exemptions from the payment of fees, or waiving, remitting or refunding fees (in whole or in part), in different circumstances or classes of circumstances or in different cases or classes of cases.

(3) The Authority shall submit a draft of any proposed regulations to the Minister for his or her consideration.

Transitional provision.

52. —(1) In this section, “critical date” means, in relation to a person who is providing a security service, the date on which the person is required by this Act to hold a licence.

(2) This Act does not apply in relation to a person—

(a) who, immediately before the critical date, was providing a security service,

(b) who intends to continue to provide the service after that date,

(c) who has applied by that date to the Authority for a licence, and

(d) whose application has not been determined.

(3) For the purposes of subsection (2) an application for a licence is to be taken as not to have been determined—

(a) if the applicant has not been notified that the Authority has decided to refuse to grant the licence, or

(b) where the applicant has been so notified, until—

(i) one month has elapsed after the notification and the decision has not been appealed, or

(ii) any appeal against the decision has been finally determined.

(4) (a) Where the Authority has refused the application, it may, if in its opinion the safety or welfare of any person or persons is or may be at risk from the continued provision of the security service by the applicant, declare that this section shall no longer apply in relation to the applicant and give notice to the applicant of its decision to make the declaration, stating the grounds on which the decision was made.

(b) This section shall cease to apply in relation to the applicant when the applicant receives or is deemed to receive the notice.