Private Security Services Act 2004 (2004_act_12) | IE

ISB Act 2004-05-04

Schedule 1 Private Security Services Act 2004 Open official source

SCHEDULE 1 Private Security Authority

Private Security Authority

Section 6.

Advisory committees, consultants and advisers

1.—(1) (a) The Authority, subject to the approval of the Minister, may from time to time appoint such and so many advisory committees and such and so many consultants or advisers as it may consider necessary to assist it in the performance of its functions.

(b) The approval of the Minister is subject to the consent of the Minister for Finance in respect of fees or expenses to which subparagraph (3) relates.

(2) The appointment of a person to an advisory committee or as a consultant or adviser shall be for such period and subject to such terms and conditions as the Authority may consider appropriate.

(3) Any fees or expenses which have been agreed by the Minister, with the prior consent of the Minister for Finance, and are due to a member of an advisory committee or to a consultant or an adviser shall be paid out of moneys at the disposal of the Authority.

(4) An advisory committee shall include persons who have special knowledge and experience related to the purposes of the committee concerned.

(5) The Authority may at any time dissolve an advisory committee.

(6) The Authority shall ensure the maintenance of an appropriate balance as between men and women in an advisory committee's membership.

Meetings of Authority

2.—(1) The Authority shall hold such and so many meetings as may be necessary for the performance of its functions but shall hold at least one meeting in each quarter of the year.

(2) The Minister may fix the date, time and place of the first meeting of the Authority.

(3) At a meeting of the Authority—

(a) the quorum shall be 4 or such other number (not being less than 4) as the Authority may from time to time determine,

(b) the chairperson shall, if present, be chairperson of the meeting,

(c) if and so long as the chairperson is not present or the office of chairperson is vacant, the members present shall appoint one of their number to be chairperson of the meeting,

(d) each member present shall have one vote,

(e) every question shall be determined by a majority of the votes of the members present and voting on the question, and

(f) if there is an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

(4) Subject to this Act or regulations thereunder, the Authority may regulate its own procedure.

Vacancies in membership

3.—(1) Subject to paragraph 2(3)(a), the Authority and any committee (including an advisory committee) appointed by it may act notwithstanding a vacancy or vacancies in its membership.

(2) Where a vacancy occurs, the Minister or the Authority, as the case may be, shall take steps to fill it as soon as practicable.

Accounts and audits

4.—(1) The Chief Executive, with the agreement of the Authority, shall—

(a) submit estimates of income and expenditure to the Minister in such form, in respect of such periods and at such times as may be specified by the Minister, and

(b) supply to the Minister any information which the Minister may require regarding those estimates and also regarding the proposals and plans of the Authority in respect of a period specified by the Minister.

(2) The Chief Executive, under the direction of the Authority, shall keep, in such form and in respect of such accounting periods as may be approved of by the Minister with the consent of the Minister for Finance, all proper and usual accounts of moneys received and spent by the Authority, including an income and expenditure account and a balance sheet.

(3) (a) The Authority, the Chief Executive and any relevant member of the staff shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the accounts of the Authority in respect of any financial year or other period and shall facilitate any such examination, and the Authority shall pay to the Minister such fee therefor as may be fixed by the Minister.

(b) In this subsection, “relevant member of the staff” means a member of the staff of the Authority to whom duties relating to those accounts have been duly assigned.

(4) (a) The accounts of the Authority shall be approved by it as soon as practicable (but not later than 3 months after the end of the accounting period to which they relate) and submitted by it to the Comptroller and Auditor General for audit.

(b) A copy of the accounts and the report of the Comptroller and Auditor General on them shall be presented to the members of the Authority and the Minister as soon as practicable, and the Minister shall cause a copy of the accounts and report to be laid before each House of the Oireachtas.

Accountability of Chief Executive to Public Accounts Committee

5.—(1) The Chief Executive shall, whenever so required by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to the Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in the accounts kept under paragraph 4(2),

(b) the economy and efficiency of the Authority in the use of its resources,

(c) the systems, procedures and practices employed by it for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting it which is referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report by him or her (in so far as it relates to a matter specified in clause (a), (b) or (c)) that is laid before Dáil Éireann.

(2) In giving evidence to the Committee, the Chief Executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of any such policy.

Accountability to other Oireachtas Committees

6.—(1) In this paragraph, “Committee” means a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in paragraph 5 or the Committee on Members' Interests of Seanad Éireann) or a subcommittee of such a committee.

(2) Subject to subparagraph (3), the Chief Executive shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Authority.

(3) The Chief Executive shall not be required to give account before a Committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or tribunal in the State.

(4) The Chief Executive, if of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subparagraph (3) applies, shall inform the Committee in writing of that opinion and the reasons for it, unless the information is conveyed to the Committee at a time when the Chief Executive is before it.

(5) Where the Chief Executive has informed a Committee of his or her opinion in accordance with subparagraph (4) and the Committee does not withdraw its request in so far as it relates to a matter the subject of that opinion—

(a) the Chief Executive may, not later than 21 days after being informed by the Committee of its decision not to withdraw the request, apply to the High Court in a summary manner to determine whether the matter is one to which subparagraph (3) applies, or

(b) the Chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court may so determine.

(6) Pending determination of an application under subparagraph (5), the Chief Executive shall not attend before the Committee to give account for the matter the subject of the application.

(7) If the High Court determines that the matter concerned is one to which subparagraph (3) applies, the Committee shall withdraw its request in so far as it relates to that matter but, if the High Court determines that that subparagraph does not apply, the Chief Executive shall attend before the Committee to give account for it.

Seal of Authority

7.—(1) The Authority shall, as soon as may be after its establishment, provide itself with a seal.

(2) The seal of the Authority, when applied to a document, may be authenticated by the signatures—

(a) of the chairperson or of another member authorised by it to act in that behalf, and

(b) of the Chief Executive or of a member of the staff of the Authority so authorised.

(3) Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Authority by any person generally or specially authorised by the Authority for that purpose.

(4) Judicial notice shall be taken of the seal of the Authority.

(5) In any proceedings, a document purporting to be made or issued by the Authority and to be sealed with its seal, duly authenticated in accordance with subparagraph (2), shall be received in evidence and shall, unless the contrary is shown, be deemed to be such a document and to be evidence of the matters stated in it.

Prohibition of improper influence

8.—(1) A person who communicates with a member of the Authority or the Chief Executive or a member of the staff of the Authority for the purpose of influencing improperly any decision to be taken by the Authority in the performance of its functions is guilty of an offence and liable on summary conviction to a fine not exceeding €2,000.

(2) If the person communicated with is of opinion that the communication is in contravention of subparagraph (1), he or she shall not entertain it further and shall immediately inform the Authority in writing of its substance, and the Authority shall acknowledge in writing the receipt of such information.

Fees payable to Authority

9.—(1) Any application in respect of which a fee is payable shall not be dealt with by the Authority unless the fee has been received by it.

(2) Such fees shall be paid into, or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance, and the Public Offices Fees Act 1879 shall not apply in respect of them.

ISB Act 2004-05-04

Schedule 2 Private Security Services Act 2004 Open official source

SCHEDULE 2 Private Security Appeal Board

Private Security Appeal Board

Section 40(3).

PART 1 General

PART 1

General

Membership

1.—The Appeal Board shall consist of a chairperson and such and so many other members as the Minister, with the consent of the Minister for Finance, considers necessary from time to time for the expeditious discharge of its functions.

Appointment

2.—The chairperson and other members of the Appeal Board shall be appointed by the Government and, subject to this Schedule, shall hold office on such terms and conditions as the Government may determine.

Chairperson

3.—(1) (a) The chairperson shall be a practising barrister, or a practising solicitor, of not less than 7 years' standing.

(b) A chairperson who ceases to be such a barrister or solicitor during his or her term of office as chairperson shall thereupon cease to be chairperson and a member of the Appeal Board.

(2) It shall be the function of the chairperson to ensure the effective performance by the Appeal Board of its functions.

(3) The chairperson, if of opinion that the conduct of a member has been such as to bring the Appeal Board into disrepute or has been otherwise prejudicial to the effective performance of the Appeal Board's functions, may—

(a) require the member to attend for interview and, on the member so attending, inform the member privately of that opinion, or

(b) otherwise investigate the matter,

and report to the Minister the outcome of the interview or investigation if the chairperson considers it appropriate to do so.

Term of office

4.—(1) Subject to this paragraph—

(a) the chairperson shall hold office for a period of 4 years, and

(b) any other member of the Board shall hold office for such period, not exceeding 4 years, as shall be specified by the Government when appointing the member,

and may in each case be reappointed by the Government for a second or subsequent term of office.

(2) A member may resign from the Appeal Board by letter addressed to the Secretary General to the Government, and the resignation shall take effect on the date of receipt of the letter.

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

(4) A member shall vacate office on attaining the age of 70 years.

(5) Where a member—

(a) accepts nomination as a member of Seanad Éireann,

(b) is nominated as a candidate for election as a member of either House of the Oireachtas or to be a representative in the European Parliament, or

(c) is regarded, under Part XIII of the Second Schedule to the European Parliament Elections Act 1997, as having been elected to that Parliament,

he or she shall thereupon cease to be a member of the Appeal Board.

(6) The Government may for stated reasons at any time remove a member from office for misbehaviour or where it considers that—

(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 Appeal Board of its functions.

(7) A member 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, or

(d) ceasing to be ordinarily resident in the State.

Remuneration, etc. of members

5.—Members of the Appeal Board shall be paid such remuneration (if any) and allowances for expenses as the Minister, with the consent of the Minister for Finance, may determine.

Procedure of Board

6.—(1) The Appeal Board shall hold such and so many meetings as may be necessary for the effective performance of its functions.

(2) At a meeting of the Appeal Board—

(a) the quorum shall be 3,

(b) the chairperson shall, if present, be chairperson of the meeting,

(c) if and so long as the chairperson is not present or the office of chairperson is vacant, the members present shall appoint one of their number to be chairperson of the meeting,

(d) each member present shall have one vote,

(e) every question shall be determined by a majority of the votes of the members present and voting on the question, and

(f) if there is an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

(3) Subject to this Act and regulations thereunder, the Appeal Board may regulate its own procedure.

(4) Subject to subparagraphs (5) and (6), the Appeal Board may perform any of its functions through or by the chairperson or any other member or other person who has been duly authorised by the Appeal Board in that behalf.

(5) A member of the Appeal Board may finally determine a particular case only if it has been considered at a meeting of the Board before the relevant authorisation is given.

(6) The Appeal Board may not authorise a person who is not a member to determine finally a particular case.

(7) A decision of the Appeal Board on an appeal may be by a majority of its members.

Vacancies in membership

7.—(1) Subject to paragraph 6(2)(a), the Appeal Board may act notwithstanding a vacancy or vacancies in its membership.

(2) Where a vacancy occurs, the Minister shall take steps to fill the vacancy as soon as practicable.

Secretary of Board

8.—An officer of the Minister who is an established civil servant for the purposes of the Civil Service Regulation Acts 1956 to 1996 and who is seconded to the Appeal Board on a whole-time or part-time basis shall act as its secretary.

Non-disclosure of information

9.—(1) Save as otherwise provided by law, a person shall not, without the consent of the Appeal Board, disclose information obtained by the person in his or her capacity as a member or the secretary of the Appeal Board.

(2) A person who contravenes subparagraph (1) is guilty of an offence and liable on summary conviction to a fine not exceeding €2,000.

Prohibition of improper influence

10.—(1) A person who communicates with a member or the secretary of the Appeal Board for the purpose of influencing improperly either consideration by it of an appeal or any decision of the Appeal Board in relation to an appeal is guilty of an offence and liable on summary conviction to a fine not exceeding €2,000.

(2) If the member or secretary is of opinion that any communication is in contravention of subparagraph (1), he or she shall not entertain it further and shall immediately inform the Appeal Board in writing of its substance, and the Appeal Board shall acknowledge in writing the receipt of such information.

Reports to Minister

11.—Section 16 shall apply, with the necessary modifications, in relation to the Appeal Board as it applies to the Authority.

Disclosure of Interests

12.—Section 17 shall apply, with the necessary modifications, in relation to a member and the secretary of the Appeal Board as it applies in relation to a member of the Authority.

PART 2 Appeals

PART 2

Appeals

General

13.—The Appeal Board shall, as far as practicable, ensure that appeals are dealt with and determined expeditiously.

Notice of appeal

14.—(1) A person aggrieved by a decision of the Authority—

(a) refusing to grant a licence or renewal of a licence,

(b) suspending or revoking a licence,

(c) issuing a reprimand, warning or caution or an advice,

(d) refusing a variation in the kind or kinds of security services to which a licence relates, or

(e) not to uphold a complaint under section 39,

may, within one month after the date of receipt of notification of the decision, appeal to the Appeal Board against it by serving on the Appeal Board a notice of appeal which complies with paragraph 15(1).

(2) The notice of appeal may be served—

(a) by sending it by registered post to the Appeal Board,

(b) by leaving it during normal office hours at the office of the Appeal Board with a person who is apparently its employee, or

(c) by such other means as may be prescribed.

(3) The Appeal Board shall not consider an appeal if the relevant notice of appeal is received by it later than the expiration of the period of one month referred to in subparagraph (1) or if or so long as the notice does not comply with the requirements of paragraph 15(1).

(4) An appeal shall be grounded on the record of the decision to which the appeal relates, on the information contained in the notice of appeal, on any observations of the Authority given at the request of the Board on any matter arising on the decision or that information and on any other information received by the Board on the hearing of the appeal.

(5) The appeal, if not withdrawn, shall be determined by the Board—

(a) by affirming the decision of the Authority to which the appeal relates, or

(b) by substituting its determination for that decision, which shall thereupon stand annulled.

(6) The Authority shall be a party to an appeal.

(7) The Appeal Board shall serve notice of its determination on each party to the appeal.

Notice of appeal requirements

15.—(1) The notice of appeal shall be in writing and state—

(a) the name and address of the appellant,

(b) the subject matter of the appeal,

(c) the appellant's interest in its outcome,

(d) the grounds of the appeal and the reasons, considerations and arguments on which they are based,

and shall be accompanied by such fee, if any, as may be specified by the Appeal Board and by such documents relating to the appeal as the appellant considers necessary or appropriate.

(2) The requirement under subparagraph (1)(d) shall apply whether or not the appellant requests, or proposes to request in accordance with paragraph 21(2), an oral hearing of the appeal.

(3) Unless requested to do so by the Appeal Board, an appellant shall not be entitled to elaborate in writing on, or make further submissions in writing in relation to, the grounds of appeal stated in the notice of appeal or to submit further grounds of appeal, and any such elaboration, submissions or further grounds received by the Appeal Board shall not be considered by it.

(4) Without prejudice to paragraph 20, the Appeal Board shall not consider any documents submitted by an appellant at the appeal other than those which accompanied the notice of appeal.

Documents to be supplied to Appeal Board by Authority

16.—(1) The Appeal Board shall, as soon as practicable after receiving a notice of appeal, send a copy of the notice to the Authority by post.

(2) The Authority shall, within 14 days after receiving the copy of the notice, submit to the Appeal Board a copy of—

(a) the application for the licence, or renewal of the licence, concerned and any other information received or obtained from the applicant in that regard,

(b) any report prepared for the Authority or other relevant documents or information in its possession in relation to its dealing with the matter which is the subject of the appeal,

(c) the record of the decision of the Authority which is the subject of the appeal, and

(d) the notification of the decision to the applicant.

Submissions by Authority on appeal

17.—(1) The Authority may make submissions or observations in writing to the Appeal Board in relation to the appeal within one month after receiving the copy of the notice of appeal from the Appeal Board, and any such submissions or observations received by the Appeal Board after the expiration of that period shall not be considered by it.

(2) Where no submissions or observations have been received within the period referred to in subparagraph (1), the Appeal Board may, without further notice to the Authority, determine the appeal.

(3) Unless requested to do so by the Appeal Board, the Authority shall not be entitled to elaborate in writing on any submissions or observations made in accordance with subparagraph (1) or make any further submissions or observations in writing in relation to the appeal, and any such elaboration or further submissions or observations shall not be considered by the Appeal Board.

Appeals against decisions on complaints under section 39

18.—(1) Where an appeal is brought by a licensee or complainant against a decision by the Authority on a complaint against the licensee under section 39, the complainant or licensee (the “other person”) shall be a party to the appeal.

(2) The Appeal Board shall, as soon as practicable after receiving the notice of appeal, send a copy of the notice to the other person.

(3) Paragraph 17 shall apply in relation to the other person as if references in that paragraph to the Authority were references to that person.

Submissions by person not party to appeal

19.—(1) A person who is not a party to an appeal may make submissions or observations in writing to the Appeal Board in relation to it.

(2) Such submissions or observations may be made within one month after receipt of the notice of appeal by the Appeal Board, and any such submissions or observations received by it after the expiration of that period shall not be considered by it.

(3) Unless requested to do so by the Appeal Board, the person making such submissions or observations shall not be entitled to elaborate in writing on them or to make further submissions or observations in writing in relation to the appeal, and any such elaboration or further submissions or observations shall not be considered by the Appeal Board.

Further information required by Appeal Board

20.—(1) Where the Appeal Board is of the opinion that any document or information is necessary for the purpose of enabling it to determine an appeal, it shall serve on any party to the appeal or other person who has made submissions or observations to the Appeal Board in relation to it a notice—

(a) requiring the party or person concerned, within a period specified in the notice (being not less than 14 days beginning on the date of service of the notice) to submit to it such documents or information as are specified in the notice, and

(b) stating that, if the documents or information are not received by it before the expiration of the specified period, it may determine the appeal after the expiration of that period without further notice to the party or person concerned.

(2) A person who refuses or fails to comply with a requirement under subparagraph (1)(a) is guilty of an offence and liable on summary conviction to a fine not exceeding €2,000.

(3) Where a notice has been served on a person under this paragraph, the Appeal Board, at any time after the expiration of the period specified in the notice, may, whether or not the notice has been complied with, determine the appeal without further notice to the person.

Hearing of appeal

21.—(1) Sittings of the Appeal Board shall normally be held in private.

(2) Subject to subparagraphs (3) and (4), the Appeal Board, of its own motion or at the request of a party, may in its absolute discretion conduct an oral hearing of an appeal.

(3) The Appeal Board in conducting an oral hearing—

(a) may take evidence on oath and for that purpose may administer oaths, and

(b) may by notice in writing require any person to attend at such time and place as is specified in the notice to give evidence in relation to any matter in issue at the hearing or to produce any relevant documents in his or her possession or under his or her control.

(4) A person referred to in subparagraph (3)(b) shall be entitled to the same immunities and privileges as if he or she were a witness before a court.

(5) An oral hearing may be conducted on behalf of the Appeal Board by one or more than one of its members.

(6) A request by a party for an oral hearing—

(a) shall be made in writing to the Appeal Board,

(b) subject to clause (c), shall be made within the period of one month referred to in paragraph 14(1),

(c) (i) where the request is by the Authority, shall be made within the period of one month referred to in paragraph 17(1), or

(ii) where the request is by the person referred to in paragraph 18(1) as the “other person”, shall be made within one month of the notice of appeal being received by that person.

(7) The Appeal Board shall not consider a request for an oral hearing made later than the expiry of the relevant period referred to in subparagraph (6).

(8) Where the Appeal Board is requested to conduct an oral hearing and decides to determine the appeal without such a hearing, it shall serve notice of its decision on each party to the appeal and on any person who, in accordance with paragraph 20, made submissions or observations to the Board in relation to it.

Expenses of persons attending before Appeal Board

22.—The reasonable travelling and subsistence expenses of any person attending before the Appeal Board in accordance with paragraph 21(3)(b) shall be paid out of moneys provided by the Oireachtas.

Dismissal of frivolous, etc. appeals

23.—The Appeal Board shall dismiss any appeal which in its opinion is frivolous, vexatious or without substance or foundation.

Withdrawal of appeal

24.—An appellant may withdraw an appeal by notice in writing to the Appeal Board at any time before the appeal is determined.

Delayed or abandoned appeals

25.—(1) Where the Appeal Board is of opinion—

(a) that proceedings on an appeal have been unnecessarily delayed by the conduct of the appellant, or

(b) that an application for a licence, or the renewal of a licence, to which the appeal relates has been abandoned,

it may serve on the appellant a notice stating that it is of that opinion and requiring the appellant, within a period specified in the notice (being not less than 14 or more than 28 days after the date of service of the notice) to make a submission in writing to it as to why the appeal should not be treated as having been withdrawn.

(2) At any time after the expiration of the period specified in a notice which has been served under subparagraph (1), the Appeal Board may, after considering any submissions made to it pursuant to that subparagraph—

(a) declare that the appeal and, where appropriate, the application is to be treated as having been withdrawn, or

(b) determine the appeal.

(3) Where under subparagraph (2)(a) the Appeal Board declares that an appeal or application is to be treated as having been withdrawn, then as the case may be—

(a) the appeal is deemed to have been withdrawn and accordingly shall not be determined by the Appeal Board, or

(b) notwithstanding any previous decision relating to the application, a licence shall not be granted or renewed as a result of it.

Date of receipt of certain notices, etc.

26.—Appeals, notices of appeal, submissions, observations, requests, documents or information, which are required by or under this Act to be made or submitted to the Appeal Board within a specified period shall, if its offices are closed on the last day of the period, be regarded as having been received before the expiration of the period if received by it on the next following day on which its offices are open.

ISB Act 2004-05-04

Schedule 3 Private Security Services Act 2004 Open official source

SCHEDULE 3 Modifications of Act in its Application to Relevant Persons

Modifications of Act in its Application to Relevant Persons

Section 43.

1.—Except as provided otherwise in this Schedule, sections 21 to 25, 26 (except subsections (2) and (3)), 28, 31 to 33 and 52 and paragraphs 14(1) (except subparagraphs (b), (c) and (e)) and 16(2)(a) of Schedule 2 shall not have effect in relation to relevant persons.

2.—References in paragraphs (e), (i), (k) and (m) of section 8(2) to licensees are references to relevant persons.

3.—(a) In section 26(2)—

(i) the reference to a licensee is a reference to a relevant person,

(ii) the reference to the revocation or suspension of a licence is a reference to a prohibition of the relevant person by the Authority from providing a security service in the State or to such a prohibition for a specified period, and

(iii) the reference to the continuance in force of a licence is a reference to the continued provision of such a service.

(b) In section 26(3)—

(i) the reference to a licensee is a reference to a relevant person, and

(ii) the reference to the revocation or suspension of a licence is a reference to a prohibition of the relevant person by the Authority from providing a security service in the State or to such a prohibition for a specified period.

4.—The references in section 27(1) to the revocation or suspension of a licence are references to a prohibition, or a prohibition for a specified period, of a relevant person from providing a security service in the State and the section applies accordingly with the necessary modifications.

5.—Section 29 is modified as follows

(a) subsection (1) is deleted;

(b) references in the section to an identity card are to an identity card or other form of identification issued to a relevant person by the corresponding authority concerned;

(c) the reference in subsection (2)(b) to a licensee includes, where appropriate, a reference to a relevant person.

6.—References in section 30 to licensees are references to relevant persons, and references to the licence number of a licensee are to the number of the licence or other form of authorisation issued by the corresponding authority concerned.

7.—The reference in section 34(1) to a licensee is a reference to a relevant person.

8.—The reference in section 35 to a licensee is a reference to a relevant person and that to a licence is a reference to the licence or other form of authorisation issued to such a person by the corresponding authority concerned.

9.—References in section 36 to a licensee are references to a relevant person.

10.—Section 37(1) is amended by the insertion of “or is a relevant person authorised by a corresponding authority to provide such a service” after “that particular service”.

11.—The reference in section 38 to a licence is to a licence or other form of authorisation issued to a relevant person by the corresponding authority concerned.

12.—In section 39—

(a) references to a licensee are references to a relevant person, and

(b) references to the revocation and suspension of a licence are references to the prohibition of the relevant person by the Authority from providing a security service in the State and to such a prohibition for a specified period.

13.—In section 48—

(a) references to a licensee are references to a relevant person,

(b) references to the revocation or suspension of a licence are references to a prohibition, or a prohibition for a specified period, of a relevant person from providing a security service in the State, and

(c) the reference to a licence or identity card is a reference to the licence or other form of authorisation, or the identity card or other form of identification, issued to such a person by the corresponding authority concerned.

14.—In section 50—

(a) references to the revocation or suspension of a licence are references to a prohibition, or a prohibition for a specified period, of a relevant person from providing a security service in the State,

(b) the reference to the continuance in force of a licence is a reference to the provision of such a security service, and

(c) the reference to a licensee is a reference to a relevant person.

15.—The references in subsections (2)(d) and (2)(f) of section 51 to licensees are references to relevant persons.

16.—References in paragraph 14 of Schedule 2 to revoking and suspending a licence are references to prohibiting the relevant person from providing a security service in the State and to so prohibiting the relevant person for a specified period.

Private Security Services Act 2004

Statutory Text (3 Articles)

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