Private Security Services Act 2004 (Ireland)

Provision 1· IE, IE_PSS_2004, section 4

Private Security Services Act 2004 s.4 Laying of orders and regulations before Houses of Oireachtas.

Provision 2· IE, IE_PSS_2004, section 20

Private Security Services Act 2004 s.20 Membership, etc., of Dáil, Seanad or European Parliament. PART 3 Licences to provide Security Services

Provision 3· IE, IE_PSS_2004, section 38

Private Security Services Act 2004 s.38 Prohibition of employment of unlicensed person. PART 4 Complaints against Licensees

Provision 4· IE, IE_PSS_2004, section 39

Private Security Services Act 2004 s.39 Investigation of complaints. PART 5 Appeals against Decisions of Authority

Provision 5· IE, IE_PSS_2004, section 41

Private Security Services Act 2004 s.41 Appeal to High Court on question of law. PART 6 Security Services provided by Certain Persons from EU Member States

Provision 6· IE, IE_PSS_2004, section 44

Private Security Services Act 2004 s.44 Prior notification by relevant person of conviction or criminal proceedings.

Provision 7· IE, IE_PSS_2004, section 45

Private Security Services Act 2004 s.45 Prohibition of relevant person from providing security service.

Provision 8· IE, IE_PSS_2004, section 47

Private Security Services Act 2004 s.47 Effect of revocation or suspension of relevant person's licence or other authorisation. PART 7 Miscellaneous

Provision 9· IE, IE_PSS_2004, section 52

Private Security Services Act 2004 s.52 Transitional provision. SCHEDULE 1 Private Security Authority SCHEDULE 2 Private Security Appeal Board PART 1 General PART 2 Appeals SCHEDULE 3 Modifications of Act in its application to Relevant Persons Acts Referred to Air Navigation and Transport Acts 1936 to 1998 Civil Service Commissioners Act 1956 1956, No. 46 Civil Service Regulation Acts 1956 to 1996 Companies Act 1963 1963, No. 33 Companies Acts 1963 to 2003 Comptroller and Auditor General (Amendment) Act 1993 1993, No. 8 European Parliament Elections Act 1997 1997, No. 2 Finance Act 2002 2002 No. 5 Harbours Act 1996 1996 No. 11 Public Offices Fees Act 1879 1879, c. 58 Registration of Business Names Act 1963 1963, No. 30 Taxes Consolidation Act 1997 1997, No. 39 Number 12 of 2004 PRIVATE SEC [...]

Provision 10· IE, IE_PSS_2004, section 1

Private Security Services Act 2004 s.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. Interpretation.

Provision 11· IE, IE_PSS_2004, section 2

Private Security Services Act 2004 s.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

Provision 12· IE, IE_PSS_2004, section 2

Private Security Services Act 2004 s.2 (1) as the chief executive officer of the Authority; “corresponding authority” has the meaning given to it by section 42 ; “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 [...]

Provision 13· IE, IE_PSS_2004, section 2

Private Security Services Act 2004 s.2 (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. Exemptions.

Provision 14· IE, IE_PSS_2004, section 3

Private Security Services Act 2004 s.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 agency, or ( f ) a person employed as apprentice by a person providing a security service, 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 [...]

Provision 15· IE, IE_PSS_2004, section 4

Private Security Services Act 2004 s.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. Expenses of Minister.

Provision 16· IE, IE_PSS_2004, section 5

Private Security Services Act 2004 s.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 Private Security Authority.

Provision 17· IE, IE_PSS_2004, section 6

Private Security Services Act 2004 s.6 —(1) There stands established a body to be known as the Private Security Authority, or in the Irish language An tÚdarás Slándála 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. Membership.

Provision 18· IE, IE_PSS_2004, section 7

Private Security Services Act 2004 s.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 [...]

Provision 19· IE, IE_PSS_2004, section 7

Private Security Services Act 2004 s.7 (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 [...]

Provision 20· IE, IE_PSS_2004, section 8

Private Security Services Act 2004 s.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 [...]

Provision 21· IE, IE_PSS_2004, section 8

Private Security Services Act 2004 s.8 (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. Strategic plans.

Provision 22· IE, IE_PSS_2004, section 9

Private Security Services Act 2004 s.9 —(1) The Authority shall, as soon as practicable after it is established and thereafter within 6 months before each third anniversary of its establishment, prepare and submit to the Minister, for approval by the Minister with or without amendment, a strategic plan for the ensuing 3-year period. (2) A strategic plan shall— ( a ) set out the key objectives, outputs and related strategies of the Authority, including its use of resources, ( b ) comply with any directions issued from time to time by the Minister in relation to the form and manner of the plan's preparation, and ( c ) have regard to the need to ensure the most beneficial and efficient use of the Authority's resources. (3) The Minister shall, as soon as practicable after a strategic plan has [...]

Provision 23· IE, IE_PSS_2004, section 10

Private Security Services Act 2004 s.10 —(1) There shall be a chief executive officer of the Authority (in this Act referred to as the “Chief Executive”). (2) The Chief Executive shall, subject to subsection (3)(b) , be appointed by the Minister on the recommendation of the Civil Service Commissioners. (3) The appointment shall either— ( a ) be on such terms as the Minister may, with the consent of the Minister for Finance, determine and be subject to the Civil Service Commissioners Act 1956 and the Civil Service Regulation Acts 1956 to 1996, or ( b ) be on such other terms and conditions as may be determined by the Authority and approved by the Minister with the consent of the Minister for Finance. (4) The Chief Executive shall manage and control generally the staff, administration and bu [...]

Provision 24· IE, IE_PSS_2004, section 11

Private Security Services Act 2004 s.11 —(1) The Authority may appoint such and so many persons to be members of its staff as may be approved from time to time by the Minister with the consent of the Minister for Finance. (2) The grades of staff of the Authority and the number in each grade shall be determined by the Authority with the consent of the Minister and the Minister for Finance. (3) Section 10 (3) shall apply, with the necessary modifications, to an appointment under this section. Superannuation.

Provision 25· IE, IE_PSS_2004, section 12

Private Security Services Act 2004 s.12 —(1) The Authority may, with the approval of the Minister and the consent of the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of the members of staff of the Authority, including the Chief Executive. (2) Every such scheme shall fix the time and conditions of retirement of all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes, and different times and conditions may be fixed in respect of different classes of persons. (3) Every such scheme may be amended or revoked by a subsequent scheme under this section. (4) Any scheme submitted by the Authority under this section shall, if approved by the Minister with the consent of the Minister for Finance [...]