Private Security Services Act 2004

PART 1 Preliminary and General

1. 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.

2. 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;

F1["county registrar" means a person appointed as such under section 35 of the Court Officers Act 1926;]

F2["court messenger" means a person appointed as such under section 4 of the Enforcement of Court Orders Act 1926;]

“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;

F2["enforcement guard" means a person other than a sheriff, county registrar or court messenger who for remuneration, as part of his or her duties, is authorised to perform any of the following functions:

(a) removing one or more persons from any premises or any other place in order to take possession of the premises or place,

(b) controlling, supervising or restricting entry by one or more persons to any premises or any other place in order to take possession of the premises or place, or

(c) seizing goods or other property in lieu of an outstanding debt,

which said authorisation is conferred by or under an enactment, pursuant to a court order, in accordance with an agreement or a consent, pursuant to a contract, or otherwise in accordance with the law;]

“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;

F3[“installer of security equipment”means a person—

(a) in the course of a business, trade or profession, 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,

(b) in the course of a business, trade or profession, installs, maintains, repairs or services electronic or other devices designed, constructed or adapted to control or record access by persons or vehicles to or within premises by means of—

(i) personal identity verification, including by means of biometrics,

(ii) vehicle identification,

(iii) numerical codes,

(iv) alphabetical codes,

(v) access or other card management, or

(vi) electronic key management,

or any combination of such means,

and includes a person who in connection with the provision of services referred to inparagraph (a)or(b)gives advice relating to the installation of such equipment or advice relating to the protection of such 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 F3[in the course of a business, trade or profession,] 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 F3[in the course of a business, trade or profession,] 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) F3[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 F4[safes,]

F5[(i) enforcement guard.]

F1["sheriff" means a sheriff appointed by the Government under the Court Officers Act 1945.]

(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.

3. 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 F6[agency,]

(f) a person employed as apprentice by a person providing a security F6[service, or]

F7[(g) a person appointed by a county registrar or sheriff for the execution of a certificate under section 960L of the Taxes Consolidation Act 1997,]

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.

4. 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.

5. 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.

PART 2 Private Security Authority

6. Private Security Authority.

6.—(1) There stands established a body to be known as the Private Security Authority, or in the Irish language An tÚdarás Slán~ dála Príobháidí, to perform the functions conferred on it by this Act.

(2) The Authority shall, subject to this Act, be independent in the exercise of its functions.

(3) The Authority shall be a body corporate with perpetual succession and with power—

(a) to sue and be sued in its corporate name,

(b) with the consent of the Minister, to acquire, hold and dispose of land or an interest in or rights over or in respect of land, and

(c) to acquire, hold and dispose of any other property.

(4) Schedule 1 shall have effect in relation to the Authority.

7. Membership.

7.—(1) (a) The Authority shall consist of not more than 11 members.

(b) Notwithstanding paragraph (a), until the first appointment to the Authority of a person elected by its staff in accordance with subsection (2)(g), the Authority shall consist of not more than 10 members.

(c) The members of the Authority shall be appointed by the Minister, who shall designate one of them as its chairperson.

(2) The members of the Authority shall include—

(a) at least one person who is a practising barrister, or practising solicitor, of not less than 5 years' standing,

(b) 2 persons each of whom the Minister considers to be representative of private security employers,

(c) 2 persons each of whom the Minister considers to be representative of employees of such employers,

(d) the Commissioner of the Garda Síochána or such other member of the Garda Síochána not below the rank of Assistant Commissioner as the Commissioner may nominate in that behalf,

(e) an officer of the Minister,

(f) a representative of any other Minister of the Government who, in the opinion of the Minister, is directly concerned with or responsible for activities relevant to the functions of the Authority, and

(g) one member of the staff of the Authority elected by secret ballot of the staff of the Authority in such manner—

(i) if notice of the holding of the first such election is given before the day on which the Authority is established, as the Minister directs in writing, or

(ii) in any other case, as the Authority, with the agreement of the Minister, may determine.

(3) (a) The term of office of a member of the Authority shall be not more than 4 years.

(b) A person may not be appointed to be a member for more than 2 consecutive terms.

(c) A member may resign from the Authority by letter addressed to the Minister, and the resignation shall take effect on the date of receipt of the letter.

(d) A member shall, unless he or she sooner dies, resigns, is removed from office or otherwise ceases to be a member, hold office as such member until the expiration of his or her term of office.

(4) The Minister may for stated reasons at any time remove a member from office for misbehaviour or where the Minister considers that either—

(a) the member has become incapable through ill health of effectively performing his or her functions as a member, or

(b) the member's removal is necessary for the effective performance by the Authority of its functions.

(5) A member of the Authority shall cease to be a member on—

(a) being adjudicated bankrupt,

(b) making a composition or arrangement with creditors,

(c) being sentenced to imprisonment on conviction on indictment,

(d) ceasing to be ordinarily resident in the State, or

(e) if on appointment he or she was a person to whom any paragraph of subsection (2) applied, ceasing to be such a person.

(6) (a) If a member of the Authority dies, resigns, is removed from office or otherwise ceases to hold office, the Minister may, subject to subsection (2), appoint a person to fill the vacancy.

(b) A person so appointed shall hold office for the remainder of the term of office of the member whom he or she replaces and be eligible for reappointment for one further term.

(c) The chairperson shall hold office as such chairperson until his or her term of office as a member of the Authority expires, unless he or she sooner dies, resigns, is removed from office or otherwise ceases to be a member, but, if reappointed as a member, he or she shall be eligible to be designated as chairperson.

(7) In making appointments to the Authority the Minister shall have regard to the extent to which each sex is represented in its membership and shall ensure that an appropriate balance in this respect is maintained.

(8) Each member of the Authority shall act on a part-time basis and shall be paid such remuneration (if any) and allowances for expenses as the Minister, with the consent of the Minister for Finance, may determine.

8. Functions.

8.—(1) The Authority shall, subject to this Act, control and supervise persons providing security services and maintain and improve standards in the provision by them of those services.

(2) Without prejudice to the generality of subsection (1), the Authority may, and where required by this Act shall—

(a) grant and renew licences,

(b) issue identity cards to licensees,

(c) where appropriate, suspend or revoke licences,

(d) establish and maintain a register of licensees,

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

(f) specify qualifications or any other requirements (including requirements as to training) for the grant of licences,

(g) undertake or commission, or collaborate or assist in, research projects and activities relating to the provision of security services, including the compilation of statistical information and other records necessary for the proper planning, development and provision of those services,

(h) investigate any security services being provided by any person,

(i) establish and administer a system of investigation and adjudication of complaints against licensees,

(j) monitor the provision of private security services generally,

(k) liaise with licensees with a view to keeping itself informed of any matters requiring its attention,

(l) advise the Minister on any matter relating to its functions,

(m) keep the Minister informed of developments in relation to the provision of security services by licensees or particular categories of licensees and assist him or her in coordinating and developing policy in that regard.

(3) The Minister may, with the consent of the Minister for Finance, by order—

(a) confer on the Authority such additional functions relating to security services and connected with the functions conferred on it by subsections (1) and (2) or any order under this subsection as the Minister considers appropriate, and

(b) make such provision as the Minister considers necessary or expedient in relation to matters ancillary to or arising out of any of the functions mentioned in paragraph (a).

(4) The Minister may by order amend or revoke an order under this section, including an order under this subsection.

(5) Any function of the Authority may, without prejudice to its general responsibilities under this Act, be performed through or by its Chief Executive or any other member of its staff duly authorised in that behalf.

(6) The Authority may, subject to this Act, do anything which it considers necessary or expedient for enabling it to perform its functions.

9. Strategic plans.