Civil Law (Miscellaneous Provisions) Act 2011

PART 1 Preliminary and General

1.. Short title, collective citations, construction and commencement.

1.— (1) This Act may be cited as the Civil Law (Miscellaneous Provisions) Act 2011.

(2) The Private Security Services Act 2004 and Part 4 may be cited together as the Private Security Services Acts 2004 and 2011.

(3) The Licensing Acts 1833 to 2010 and section 17 may be cited together as the Licensing Acts 1833 to 2011 and shall be construed together as one.

(4) The Employment Equality Acts 1998 to 2008 and sections 18 to 26 may be cited together as the Employment Equality Acts 1998 to 2011.

(5) The Equal Status Acts 2000 to 2008 andsection 21 insofar as it refers to section 21 of the Equal Status Act 2000 and sections 27 to 29 may be cited together as the Equal Status Acts 2000 to 2011.

(6) The Bankruptcy Acts 1988 to 2001 and Part 7 may be cited together as the Bankruptcy Acts 1988 to 2011.

(7) The Solicitors Acts 1954 to 2008 and section 58 may be cited together as the Solicitors Acts 1954 to 2011.

(8) The Domestic Violence Acts 1996 and 2002 and section 60 may be cited together as the Domestic Violence Acts 1996 to 2011.

(9) The Tribunals of Inquiry (Evidence) Acts 1921 to 2004 andPart 15may be cited together as the Tribunals of Inquiry (Evidence) Acts 1921 to 2011.

(10) Sections 6, 12and30(g)and sections 49 to 55 shall come into operation on such day or days as the Minister may by order appoint, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

2.. Definition.

2.— In this Act, unless the context otherwise requires “Minister” means the Minister for Justice and Equality.

PART 2 Civil Legal Aid

3.. Amendment of section 26 of Civil Legal Aid Act 1995.

3.— Section 26 of the Civil Legal Aid Act 1995 is amended—

(a) by the insertion of the following subsection after subsection (3A) (inserted by section 78(b) of the Civil Law (Miscellaneous Provisions) Act 2008):

“(3B) Notwithstanding any other provision of this Act, the Board shall grant legal advice to a person who is an alleged victim of a human trafficking offence in relation to—

(a) any matter connected with the commission of the human trafficking offence (whether or not a prosecution for that offence has been instituted),

(b) any matter connected with the commission of any other offence of which the person is alleged to be a victim, being an offence (whether or not a human trafficking offence) that is alleged to have been committed in the course of, or otherwise in connection with, the commission of the human trafficking offence, or

(c) without prejudice to the generality of paragraph (a) or (b), the prosecution of the human trafficking offence or of the other offence referred to in paragraph (b).”,

and

(b) by the insertion of the following subsection after subsection (7):

“(8) In this section, ‘human trafficking offence’ means—

(a) an offence under section 2, 4, 5, 6, 7 or 11 of the Criminal Law (Human Trafficking) Act 2008,

(b) an offence under section 3 (other than subsections (2A) and (2B)) of the Child Trafficking and Pornography Act 1998.”.

PART 3 Good Samaritans, etc.

4.. Liability for negligence of good samaritans, volunteers and volunteer organisations.

4.— The Civil Liability Act 1961 is amended by the insertion of the following Part after Part IV:

“PART IVA

Liability For Negligence of Good Samaritans, Volunteers and Volunteer Organisations

Interpretation (Part IVA).

51A.— (1) In this Part—

‘emergency’ includes circumstances arising in connection with an actual or apprehended accident;

‘good samaritan’ means a person who, without expectation of payment or other reward, provides assistance, advice or care to another person in an emergency, but does not include a person who does so as a volunteer;

‘negligence’ does not include breach of statutory duty;

‘voluntary work’ means any work or other activity that is carried out for any of the following purposes:

(a) a charitable purpose within the meaning of the Charities Act 2009;

(b) without prejudice to the generality of paragraph (a), the purpose of providing assistance, advice or care in an emergency or so as to prevent an emergency;

(c) the purpose of sport or recreation;

‘volunteer’ means a person who does voluntary work that is authorised by a volunteer organisation and does so without expectation of payment (other than reasonable reimbursement for expenses) or other reward;

‘volunteer organisation’ means any body (whether or not incorporated) that is not formed for profit and that authorises the doing of voluntary work whether or not as the principal purpose of the organisation.

(2) A reference in this Part to the provision of assistance, advice or care to a person includes a reference to any of the following activities:

(a) the administration of first-aid to the person;

(b) the treatment of the person using an automated external defibrillator;

(c) the transportation of the person from the scene of an emergency to a hospital or other place for the purposes of ensuring the person receives medical care.

(3) Nothing in subsection (2) shall operate to limit the nature of activities that may constitute assistance, advice or care for the purposes of this Part.

This Part not applicable to existing causes of action.

51B.— This Part shall not apply to any cause of action that accrued before the commencement of this Part.

This Part not applicable to motor accidents in public places.

51C.— (1) This Part shall not apply in relation to the negligent use of a mechanically propelled vehicle in a public place.

(2) In this section ‘mechanically propelled vehicle’ has the same meaning as it has in Part VI of the Road Traffic Act 1961.

Protection of good samaritans from liability for negligence.

51D.— (1) A good samaritan shall not be personally liable in negligence for any act done in an emergency when providing—

(a) assistance, advice or care to a person who is—

(i) in serious and imminent danger, or apparently in serious and imminent danger, of being injured or further injured,

(ii) injured or apparently injured, or

(iii) suffering, or apparently suffering, from an illness,

or

(b) advice by telephone or by another means of communication to a person (whether or not the person is a person referred to in paragraph (a)) who is at the scene of the emergency.

(2) The protection from personal liability conferred on a good samaritan by subsection (1) applies even if the emergency is caused by an act of the good samaritan.

(3) The protection from personal liability conferred on a good samaritan by subsection (1) shall not apply to—

(a) any act done by the good samaritan in bad faith or with gross negligence, or

(b) any act done by the good samaritan when providing assistance, advice or care in circumstances where the good samaritan has a duty (whether imposed by or under any enactment or any other rule of law) to provide such assistance, advice or care.

Protection of volunteers from liability for negligence.

51E.— (1) A volunteer shall not be personally liable in negligence for any act done when carrying out voluntary work.

(2) The protection from personal liability conferred on a volunteer by subsection (1) shall not apply to any act done by the volunteer if—

(a) the act was done by the volunteer in bad faith or with gross negligence, or

(b) the volunteer knew or ought reasonably to have known that the act was—

(i) outside the scope of the voluntary work authorised by the volunteer organisation concerned, or

(ii) contrary to the instructions of the volunteer organisation concerned.

(3) An agreement, undertaking or arrangement has no effect to the extent that it provides for a volunteer to give a volunteer organisation an indemnity against, or to make a contribution to a volunteer organisation in relation to, a liability that—

(a) the volunteer would incur for his or her negligence but for the operation of subsection (1), and

(b) the volunteer organisation incurs as a result of its vicarious liability for that negligence.

Protection additional to any other protection under other law.

51F.— The protection from personal liability conferred on a good samaritan by section 51D or a volunteer by section 51E is in addition to any protection from personal liability conferred on the good samaritan or volunteer by or under any other enactment or rule of law.

Volunteer organisations and duty of care.

51G.— (1) This section applies to proceedings relating to the liability of a volunteer organisation for negligence arising from activities carried out by or on behalf of the organisation.

(2) In any proceedings to which this section applies, when determining whether the volunteer organisation owed a duty of care to the plaintiff or any other person, a court shall consider whether it would be just and reasonable to find that the organisation owed such a duty having regard to the social utility of the activities concerned.

(3) Nothing in this section shall operate to limit the matters that a court may consider, in proceedings to which this section applies, when determining whether a volunteer organisation owed a duty of care to a plaintiff or other person.”.

PART 4 Private Security Services

5.. Definition (Part 4).

5.— In this Part “Act of 2004” means the Private Security Services Act 2004.

6.. Amendment of section 2 of Act of 2004.

6.— Section 2(1) of the Act of 2004 is amended—

(a) by the substitution of the following for the definition of “installer of security equipment”:

“ ‘installer of security equipment’ means a person who—

(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 in paragraph (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;”,

(b) in the definition of “private investigator” by the substitution of “in the course of a business, trade or profession,” for “for remuneration”,

(c) in the definition of “security consultant” by the substitution of “in the course of a business, trade or profession,” for “for remuneration”, and

(d) in the definition of “security service”, in paragraph (b) to substitute “installer” for “supplier or installer”.

7.. Amendment of section 14 of Act of 2004.

7.— The Act of 2004 is amended, in section 14—

(a) by the substitution of the following for subsection (1):

“(1) For the purposes of this Act the Authority may appoint a person (including a member of the staff of the Authority) to be an inspector for such period and subject to such terms and conditions as the Authority may determine.”,

and

(b) by the insertion, after subsection (2), of the following subsection:

“(3) The Authority may designate a member of its staff, who has been appointed as an inspector pursuant to subsection (1), to be Chief Inspector.”.

8.. Amendment of section 18 of Act of 2004.

8.— Section 18(1) of the Act of 2004 is amended by the substitution of “a consultant, an inspector or an adviser” for “a consultant or an adviser”.

9.. Amendment of section 21 of Act of 2004.

9.— Section 21 of the Act of 2004 is amended—

(a) in subsection (3), by the insertion, after paragraph (a), of the following paragraph:

“(ab) require the applicant to furnish particulars of every person who, in a case in which the applicant is a company, is the beneficial owner of more than 5 per cent of the share capital of the company,”,

and

(b) in subsection (4), by the substitution in paragraph (a) of “the shareholders to whom subsection (3)(ab) refers and the directors, and” for “the directors, and”.

10.. Amendment of section 22 of Act of 2004.

10.— Section 22 of the Act of 2004 is amended by the substitution, in subsection (3)(b)(i), of “any director, shareholder to whom section 21(3)(ab) refers, manager,” for “any director, manager,”.

11.. Amendment of section 23 of Act of 2004.

11.— Section 23 of the Act of 2004 is amended—

(a) in subsection (1), by the deletion of “in the prescribed manner”,

(b) by the substitution for subsection (2) of the following:

“(2) An application for the renewal of a licence shall be made in accordance with procedures specified by the Authority.”,

and

(c) by the insertion, after subsection (3), of the following subsection:

“(3A) Where—

(a) subsection (3) applies,

(b) the applicant has complied with the procedures specified pursuant to subsection (2), and

(c) a licence is renewed by the Authority,

the licence so renewed shall expire on the day on which it would have expired if it had been renewed with effect from the day next following the day on which the licence would have expired but for the operation of subsection (3).”.

12.. Temporary licence under Act of 2004.

12.— The Act of 2004 is amended by the insertion, after section 27, of the following section:

“Temporary licence.

27A.— (1) Where the Authority has received an application for a licence under section 21 and, having considered the application it is satisfied that—

(a) the requirements of this Act and any regulations relating to licence applications made pursuant to section 51 have been complied with (otherwise than as respects the competence of the applicant to provide the security service to which the application relates), and

(b) it is appropriate to grant a temporary licence to the applicant to enable the applicant to display the necessary competence to provide security services of a type to which the application for a licence relates,

the Authority may grant a temporary licence for a period not exceeding 6 months to enable the applicant to satisfy the Authority that the applicant has the necessary competence to provide security services of a type to which the application relates.

(2) Where the Authority has granted a temporary licence under this section and the Authority is satisfied that exceptional circumstances exist, the Authority may extend the term of such licence by a period not exceeding 3 months.

(3) The Authority may, in respect of a particular licensee, exercise its power under subsection (2) once only.

(4) This section shall not apply in a case where the application relates to the renewal of a licence.

(5) Section 28 shall not apply to a temporary licence issued pursuant to this section.”.

13.. Amendment of section 37 of Act of 2004.

13.— Section 37(1) of the Act of 2004 is amended by the substitution of “A person shall not provide a security service insofar as this Act has come into operation as respects the security service concerned and shall not hold himself or herself out” for “A private security employer or an individual referred to in any of the paragraphs of the definition of “security service” in section 2(1) shall not, on or after the commencement of the paragraph concerned, provide a security service or hold himself or herself out”.

14.. Amendment of section 48 of Act of 2004.

14.— Section 48 of the Act of 2004 is amended by the insertion after subsection (5) of the following subsection:

“(6) Where a person is convicted of an offence under this Act, prosecuted by the Authority, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Authority the costs and expenses, measured by the court, incurred by the Authority in relation to the investigation, detection and prosecution of the offence.”.

15.. Amendment of section 51 of Act of 2004.

15.— Section 51 of the Act of 2004 is amended—

(a) in subsection (2), by the substitution of the following for paragraph (g):

“(g) the fees to be charged by the Authority in respect of applications for licences and other services provided by the Authority.”,

and

(b) by the insertion, after subsection (2), of the following subsections:

“(2A) In making regulations pursuant to subsection (2)(g) the Authority may—

(a) prescribe different fees in respect of different circumstances or classes of circumstances, or in relation to different classes of licences and in relation to different classes of cases,

(b) provide for the waiving, remitting or refunding of fees (in whole or in part) in different circumstances or classes of circumstances or in relation to different classes of licences and in relation to different classes of cases,

(c) provide for exemption from payment of fees in circumstances specified in the regulations.

(2B) In making regulations pursuant to subsection (2)(g) the Authority may have regard to—

(a) the expenses incurred by the Authority, or

(b) the expenses which it is anticipated will be incurred by the Authority,

in performing its functions under this Act, so that so much of those expenses as the Authority considers appropriate are recovered from fees to be charged pursuant to such regulations.”.

16.. Amendment of Schedule 2 to Act of 2004.

16.— The Schedule 2 to the Act of 2004 is amended—

(a) in paragraph 14(1)—