S.I. No. 484/2012 - Private Security (Licensing and Training) (Provider of Protected Forms of Transport) (Cash-in-Transit) Regulations 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th December, 2012.

The Private Security Authority, in exercise of the powers conferred on it by section 51 (as amended by section 15 of the Civil Law (Miscellaneous Provisions) Act 2011 (No.23 of 2011)) of the Private Security Services Act 2004 (No.12 of 2004), 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 (Licensing and Training) (Provider of Protected Forms of Transport) (Cash-in-Transit) Regulations 2012.

2. These Regulations come into operation on 1 January 2013.

3. (1) In these Regulations—

“CIT” means cash which is subject to a protected form of transport;

“control centre” means a dedicated technical operational facility, operated by an employer, monitoring the operational security measures and procedures of the employer;

“employee” means a person who in the course of an employment with an employer—

(a) carries out the vehicular transportation of cash,

(b) processes cash,

(d) carries out control centre activities, or

(e) supervises the performance of any of the duties referred to in paragraphs (a) to (d);

“employer” means a holder of a licence under the Private Security (Licensing and Standards) (Cash in Transit) Regulations 2007 ( S.I. No. 857 of 2007 ) and includes a person who is required to hold a licence under those Regulations;

“licence” means a licence of the category prescribed under Regulation 4;

“temporary licence” means a licence granted under section 27A (inserted by section 12 of the Civil Law (Miscellaneous Provisions) Act 2011 (No. 23 of 2011)) of the Private Security Services Act 2004 (No. 12 of 2004).

4. A provider of protected forms of transport (cash-in-transit) licence is prescribed as a category of licence which may be granted by the Authority.

5. (1) On and from 1 May 2013 an employee shall not provide a security service referred to in paragraphs (a) to (e) of the definition of “employee” in Regulation 3 unless he or she is the holder of a licence.

(2)(a) Subject to paragraph (b), an employee shall apply as soon as may be after these Regulations come into operation, and in any event before 1 May 2013, to the Authority for a licence.

(b) A person commencing employment with an employer on or after 1 May 2013 shall apply to the Authority for a licence before the commencement of the employment concerned.

(3) The Authority may-

(a) grant a licence to an applicant under paragraph (2)(a) where the Authority is satisfied that the applicant has undertaken relevant training for not less than 30 hours, including training relating to—

(i) the complexity of the CIT industry and the necessity for identifying and adopting professional standards,

(ii) the functions and duties of CIT employees,

(iii) the safety and security systems and the use of physical and electronic means for reducing the risk of attack and loss,

(iv) the principal causes of accidents, attacks and security breaches at work and how this knowledge will assist in their prevention,

(v) general health and safety regulations,

(vi) legal codes and practices as they relate to the roles and responsibilities of the individual,

(vii) the use of oral and written communication skills,

(viii) the importance of pre-planning, reporting and written procedures for use in the event of a major incident,

(ix) the company rules and regulations, collective agreements, and company grievance and disciplinary procedures, and

(x) the companys general operational procedures,

(b) grant a temporary licence to an applicant under paragraph (2)(b) where the Authority is satisfied that the applicant will undertake and complete the training referred to in paragraph (a) within 4 weeks of the commencement of the employment concerned.

(4) Where the applicant under paragraph (2) is a person referred to in paragraph (e) of the definition of “employee”, relevant training includes matters relating to his or her position and responsibilities.

(5) Where an employee changes employment to another employer he or she shall undertake training relating to clauses (ix) and (x) of paragraph (3)(a) not later than 10 days after commencing the employment concerned.

6. (1) The form set out in the Schedule is specified as the form of declaration of cash-in-transit training.

(2) Where an applicant for a licence is employed by an employer before 1 May 2013, the application shall be accompanied by—

(a) a declaration in the form specified in paragraph (1) signed by the applicant and the training officer concerned, and

(b) a fee of €130.

(3) Where an applicant for a licence commences employment with an employer on or after 1 May 2013, the application shall be—

(a) accompanied by a fee of €130, and

(b) there shall be furnished to the Authority not later than 2 weeks after the completion of the training referred to in Regulation 5(3), a declaration in the form specified in paragraph (1) signed by the applicant and the training officer concerned.

7. Where an application for a licence is made under Regulation 5(2) and the applicant at the same time applies for a licence of another category prescribed by regulations made under the Private Security Services Act 2004 , the applicant shall pay the sum of the fees prescribed for each category of licence less a deduction of €20.

SCHEDULE

Declaration of Cash-in-Transit Training

Section 1. Employer Details

CIT Contractor Licence Number: ______________

Section 2. Employee Details

Employee Name: ______________

Employee PPS No: ______________

Employee’s Date of Birth: ______________ /______________ /______________

Date Employment Commenced: ______________ /______________ /______________

Position Held (tick as appropriate):

Vehicle Crew ; Cash Processing ; Cash Handling ; Control Centre ; Supervisor .

Section 3. Training Details

Date Training Commenced: ______________ /______________ /______________

Date Training Completed: ______________ /______________ /______________

Total Hours: ______________

Supervisor Training Completed (tick if appropriate) Yes

Section 4. Assessment Details

Assessment: (please provide details of how the individual's knowledge was assessed and the results of the assessment process)

______________ ______________ ______________ ______________

Practical Demonstration: (please provide details and results of the practical demonstrations carried out by the individual)

______________ ______________

Section 5. Declaration

I, ______________ , being the designated

Training Officer of ______________ declare that

______________ has successfully completed all required aspects of the company’s in-house training and supervisor training, where applicable, and, where required, has successfully completed all practical demonstrations and assessments.

Training Officer: ______________ ______________ Block Capitals Signature

Employee: ______________ ______________ Block Capitals Signature

NOTE: TO BE COMPLETED ON EMPLOYER HEADED PAPER ONLY

Sections 1 — 3 & Section 5 to be completed for individuals in employment on the date set out in Regulation 5(1).

Sections 1 — 5 to be completed for individuals employed on or after the date set out in Regulation 5(1).

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

/images/ls

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

24 November 2012.

ALAN SHATTER,

Minister for Justice and Equality.

/images/ls

GIVEN under the Seal of the Private Security Authority,

26 November 2012.

RONAN KING,

Chairperson of the Private Security Authority.

/images/ls

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 provide for the issue of licences to individuals who are employed to perform certain security services in the cash-in-transit sector and it also provides for the training to be undertaken by them.