S.I. No. 147/2012 - Private Security (Miscellaneous Provisions) Regulations 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th May, 2012.

The Private Security Authority, in exercise of the powers conferred on it by section 51 of the Private Security Services Act 2004 (No. 12 of 2004) (as amended by section 15 of the Civil Law (Miscellaneous Provisions Act 2011 (No. 23 of 2011)) and with the consent of the Minister for Justice and Equality, hereby makes the following regulations:

1. These Regulations may be cited as the Private Security (Miscellaneous Provisions) Regulations 2012.

2. These Regulations come into operation on 10th May 2012.

3. (1) The form set out in Part 1 of Schedule 1 to these Regulations is prescribed as the form of application by a private security employer or an independent contractor to the Authority for a licence of a category prescribed by the Authority by regulations made under section 51 of the Private Security Services Act 2004 (No.12 of 2004).

(2) The form set out in Part 2 of Schedule 1 to these Regulations is prescribed as the form of application by a person who is not a person referred to in paragraph 1 to the Authority for a licence of a category prescribed by regulations made under section 51 of the Private Security Services Act 2004 .

4. The categories of persons prescribed for the purposes of section 21 (2) of the Private Security Services Act 2004 are—

(a) an employer who holds a licence under the Private Security Services Act 2004 ,

(b) a FETAC accredited trainer,

(c) a notary public,

(d) a commissioner for oaths,

(e) a peace commissioner,

(f) a minister of religion,

(g) a member of Dáil Éireann or Seanad Éireann or a member of the European Parliament for a constituency within the State,

(h) a member of a local authority,

(i) a barrister or solicitor,

(j) a registered medical practitioner,

(k) a member of the teaching staff of a primary or secondary school or third level institution.

5. The form set out in Schedule 2 to these Regulations is prescribed as the form of licence.

6. The form set out in Schedule 3 to these Regulations is prescribed as the form of temporary licence.

7. The form set out in Schedule 4 to these Regulations is prescribed as the form of identity card.

8. An entry in the Register shall be in a form specified in Schedule 5 to these Regulations.

9. Where a licence has been revoked or suspended, or where a licensee ceases to provide a security service, the licensee shall, if so requested in writing by the Authority, send the licence and identity card to the Authority by registered post within 7 days of the request being made by the Authority.

10. An applicant for a licence, or a licensee, who has been convicted of an offence shall notify the Authority in writing within 7 days of the Court imposing sentence of:

(a) the conviction for the offence;

(b) the name and address of the applicant or licensee;

(c) the licence number or application number assigned by the Authority;

(d) the offence to which the conviction relates, the place and date of the court sitting and the sentence imposed by the court,

and be accompanied by a copy of the order of the Court in respect of any conviction.

11. An applicant for a licence, or a licensee, shall notify the Authority in writing within 7 days of any change in the following particulars:

(a) name;

(b) address;

(c) telephone number;

(d) shareholders or directors of a company; where the applicant or licensee is a company,

(e) legal status of a company; where the applicant or licensee is a company,

(f) partner, in the case of a partnership.

12. The following are revoked—

(a) the Private Security (Forms, Surrender of Licence and Offence Notification) Regulations 2006 (S.I. 152 of 2006),

(b) the Private Security (Licensing Applications) Regulations 2006 (S.I. 469 of 2006), and

(c) the Private Security (Licensing Applications) Regulations 2008 (S.I. 19 of 2008).

SCHEDULE 1

PART 1

FORM OF APPLICATION FOR LICENCE

SCHEDULE 1

PART 2

FORM OF APPLICATION FOR LICENCE

SCHEDULE 2

FORM OF LICENCE

SCHEDULE 3

SCHEDULE 4

FORM OF IDENTITY CARD

Front of Identity Card

Back of Identity Card

SCHEDULE 5

FORM OF ENTRY IN REGISTER

Name of licensee

Business name (if applicable)

Address

Category(ies) of licence

Licence number

Issue date

Expiry date

The Minister for Justice and Equality consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Justice and Equality,

10 May 2012.

ALAN SHATTER,

Minister for Justice and Equality.

GIVEN under the Seal of the Private Security Authority,

10 May 2012.

RONAN KING,

Chairperson of the Private Security Authority.

GERALDINE LARKIN,

Chief Executive of the Private Security Authority.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations prescribe—

(a) the forms of application for a licence under the Private Security Services Act 2004 (as amended)

(b) the categories of persons prescribed for the purposes of section 20 (2) of the Private Security Services Act 2004 (i.e. for witnessing of signature)

(c) the form of a licence, a temporary licence and an identity card to be issued by the Authority

(d) the particulars to be included in the register of licensees

(e) procedures in relation to the surrender of revoked or suspended licences or where a licensee ceases to provide a security service

(f) procedures in relation to the notification by applicants or licensees of any convictions

(g) procedures in relation to the notification by applicants or licensees of any change in certain listed particulars.

These Regulations revoke S.I. 152 of 2006, S.I. 469 of 2006 and S.I. 19 of 2008.