ACT No. xm of 1996 AN ACT to provide for the licensing, regulation and control a/persons operating, engaged or employed in private guard services and in warden services and to provide for matters connected therewith or ancillary thereto. (realiupionl)

I assent.

(LoS.)

Uoo MIFSUD BONNICI

President

3rd May, 1996

ACT No. xm of 1996

AN ACT to provide for the licensing, regulation and control a/persons

operating, engaged or employed in private guard services and in

warden services and to provide for matters connected therewith

or ancillary thereto.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as folJows:-

This act may be cited as the Private Guards and Local Shorttitleilld

(I)

Wardens Act, 1996.

<OOIIIIItIIOeI ...... .

(2) This Act shall oome into force on such dale as the

Minister may by notice in the Gazette appoint, and different dates may

be so appointed for different purposes and for different provisions of

this Act.

PART I

Preliminary

In this Act, unless the context otherwise requires

"Bye.Laws" means any Bye.Laws and any other legislation

which may from time to time be entrusted to Local Councils by

delegation or agreement as stipulated in the Local Councils Act, AaXVof1911l .

1993;

"Commissioner" means the Commissioner of Police;

"local warden" means an individual whose services are

rendered in the provision of local warden services;

"local warden services" means such services as may be

required by Local Councils in the discharge of their duties and

responsibilities forthe control,regulation and enforcement of Bye.

Laws, including the provision of services for the control and

regulation of access and movement by pedestrians or vehicles,

generally or on particular occasions and the provision of similar

services;

"Minister" means the Minister responsible for the Police;

"private guard" means an individual employed or engaged

by a private guard agency in the provision of private guard services

on behalf of the said agency;

"private guard agency" means any individual or body of

persons, whether corporate or unincOTpOrate, providing any private

guard services and includes any such individual or body employing

orengaging an employee to provide guard services in any place of

entertainment as may be prescribed;

"private guard services" means any guard service, other than

guard services provided by any government department or authority

under the provisions of any law other than this Act, provided either

by an individual or by a body of persons, whether corporate or

unincorporate, in relation to:-

(a) the prevention or detection of intrusion,

unauthorised enlIyoractivity, vandalism ortrespass on private

property;

(b) the prevention or detection of fraud or theft, loss,

misappropriation or concealment of merchandise, money ,

bonds, stocks, notes or other documents or papers;

(c) the control, reg ulation or direction of the

movement of the public in private orrestricted areas, whether

by the use of a vehicle or otherwise, to assure the protection

of property;

(d)

the protection of individuals from bodily hann;

(e) the protection of property;

the provision of persons for the purpose of guarding

(f)

money or any other property in transit orfor the transportation

of such money or other property;

the provision of armoured cars for the transportation

(g)

of such money or other propeny;

(h) the provision , installation and servicing of safes,

alanns, and other security equipment or aricillary items as

the Minister may prescribe;

(i) private investigative services;

(j) the provision of security consultancy services;

the operation of premises offering safe deposit

(k)

facilities other than such operation by banks;

(1) any other service which lhe Minister may from time

to time by order prescribe;

but shall not include any such services provided to any person,

other than a private guard agency or a Local Council, by his

employee whether full-time, part-time or casual, but shall include

the provision of private guard services by such employees where

such services are rendered in a place of entertainment as may be

prescribed by the Minister during such times as these are open to

the public;

"private investigative services" means obtaining, selling or

supplying to any person any information relating 10:-

(a) the identity, conduct, movements, whereabouts,

affiliations, associations, transactions. reputation or character

o f any person or a body of persons;

(b) the background or antecedents of any applicam for

employment;

(c)

enquiries for missing persons or property;

(d)

damage to or loss of property;

(e)

the prevention or detection of industrial espionagt

"security consultancy services" means the provision of advio

relating to the security of property. premises. personnel, plant

machinery and equipment;

"warden agency" means an individual or a body of persons

whether corporate or unincorporate, who provide local warder

services.

PARTD

Private Guard Senkes

No person shall operate as a private guard agency or act as a

private guard or offer his services as such, unless such person is licensed

in accordance with the provisions of this Act.

No person shall employ. engage or permit the use of private

guard services unless such services are provided by a private guard

agcnc)' or by private guards. as the case may be, licensed in accordance

with the provisions of Ihis Act.

S.

No private guard agency shall provide any person for duties

in, or connected with, private guard services unless such person is

licensed as a private: guard in accordance with the provisions of this

A<t,

(1) Any person desiring to be licensed as 8 private guard

agency or as a private guard shall make an application in writing to the

Commissioner.

(2) Such application shall in the case of a private guard

agency. contain the following infonnation which shall be accompanied

by such documentation in support thereof. as the case may require:-

(a) the full name and business address, and in the case of an

individual the ldentiry Card Number and in the case of 8 commercial

partnership, the registered number and office of the partnership;

the name under which the applicant intends to carry on

(b)

his activities;

(c) the nature of the activities which the applicant intends

tocany on;

(d) in the case of a body of persons the names and addresses

and Identity Card Numbers of the shareholders, partners, directors,

secretaries and any other officers of the body and where any of

such persons is a partnership the registered number and office of

the partnership and the number of persons they propose to employ;

(e) a declaration by the applicant stating that he has no

financial or other interest which could in any way contlict with the

services to be provided by the private guard agency; such other

interest shall include any other business or economic activity carried

out or being carried out, or services provided or being provided, or

employment held or being held, by the applicant;

(f) if an applicant was previously carrying on any business

activilY, the financial statements for the last three years, and if

under any other law such financial statements are required 10 be

audited, the audited financial statements;

(g) experience relevant to private guard services held by

any person mentioned in paragraphs (a) and (d) above.

(3) In the case of a private guard the application shall contain

the following information which shall be accompanied by such

documentation in support thereof, as the case may require:-

(a)

the full name, address and Identity Card Number;

(b)

the date and place of birth;

(c)

full details of the applicant's working experience;

(d) a declaration by the applicant stating that he has no

financial or other interest which could in any way conflict with the

services to be provided as a private guard;

(e) academic, training and other qualifications held to act

as a private guard.

(4) An application under this section shall be accompanied

by such fee as may be prescribed.

(5) The Commissioner may , in the circumstances of any

particular case require additional information or that any information

submitted under this section be supported by such relevant

documentation as he may require.

1be Commissioner shall, within IS days of the receiptor sud

application, give llO(ice in the Gazette of such application with suet

details as he may consider appropriate.

8 . (I) Any person may. within one month hom the publication

of such notice. object in writing to the issue of such lice nce on any oj

the grounds listed in section 10 of this Act.

(2) The Commissioner shall consider any such objection

and shall verify any statements made therein. For this purpose the

Commissioner may require the person objecting to produce or indicate

proof to substantiate any statement made in any such objection.

Anyobjection made under the provisions orthis section

(3)

shall be treated as confidential.

(I )

ta' avv ii: bl'lai dak, toggezzjona bil-miktub ghall. hruS la ' dik il-licenz.a

ghal xi wahda mir-ragunijict imsemmija fl-artikolu 10 ta' dan I-Au.

(2) ll-Kummissarju ghandujik.kunsidrakul1 oggezzjoni bhal

dik u ghandu jivverifika kull dikjarazzjoni maghmula fiha. Gha! dan 1-

ghan il-Kummissruju jista' jehlieg lill-persuna Ii laghmeJ l-oggezzjoni

biex li pproduCi jew lindin I-provi b'suslenn la' kull dikjarazzjoni li

tlrun saret roggezzjoni bl'la! dik.

(3 ) Kull oggezzjoni maghmula tal'll id-dispozizzjonijiel til '

dan I-artikolu titqies bl'lllill konfidenzjllli.

Having considered the application made and any objections

received under section 8 hereof the Commissioner shall within four

weeks from the lapse of one month mentioned in subsection (1) of section

8 of this Act:-

(a) either issue a licence 10 the applicant to act as a private

guard agency or as a private guard; or

(b)

refuse the application .

The Commissioner shall refuse an application in any of the

following circumstances

(a) where the applicant or any officer of the applicant or

any person who has an effective control of the services to be

provided by the app licant -

(i) has been convicted in Malta or elsewhere of any

cri me against the safety of the state, or of any crime of

voluntary harm or injury to any penon or ally ('TIme against

propeny or public truSt or any other serious crime; or

(ii) has been declared bankrupt or his financial position

is precarious or otherwise renders the applicant unsuitab le;

0'

(iii) has been discharged from the police or armed

forces or the prison services because of any offence or other

misbehaviour; or

(iv) is a public officer or a member of the police or

armed forces or the prison services; or

(b) when he considers that it is in the public interest to refuse

such a licence; or

(c) where the applicant does not POSStSS the necessary

qualifications as may be prescribed by or under this Act.

If the Commissioner refuses to issue a licence to an ......... "'*-.

(I)

applicant to act as a private guard agency or as a private guard, he shall

forthwith communicate in writing such decision to the applicant stating

the reason for such refusal

Provided that in the case of a refusal under paragraph (b) of

section 10 of this Act, it shall be suffte ient to stale that the licence has

been refused in the public interest.

(2) The Commissioner shan concurrently also submit a copy

of such documentation to the Minister stating, in the case of a refusal in

the public interest, the actual reason for such refusal.

(3) On the receipt of a licence or of the notice of refusal ,

the applicant may, within one calendar month from such receipt, make

submissions in writing to the Minister requesting thai any tenns or

conditions anached to such licence be removed or changed, or in the

case of a refusal that the licence be issued.

(4) The Minister shall determine such request and shall

communicate his decision to the Commissioner and the applicant. The

Minister's decision shall be final and the Commissioner shall act in

conformity therewith .

A licence issued by the Commissioner under section 9

(1)

-

pri-pd • •

of this Act: -

pri-pard

shall be valid for a period of one year from its date of

(a)

issue;

may be limi ted to any of the private guard services;

(b)

(c) shall be subject to the specific condition that the holder

of the licence shall inform the Commissioner of any change in the

information submitted in relation to the relevant application;

(d) shall be subject to such other terms and conditions as

the Commissioner may deem fit to attach to such licence.

(2) Subject to the other provisions of this Act, a licence

issued under this Act may be renewed from year to year on the expiration

of its validity and on the payment of such fee as may be prescribed.

(3) The issue of a licence under this Part shall in no way be

deemed to vest any right or privilege to the holder thereof to do any

thing, of whatever nature, in relation to third parties or their propeny

which such person did not have the right to do prior to the promulgation

of this Act.

(1) Where the holder ofa licence does not conform to any

term or condition under which the licence has been issued or where

such circumstances arise which could have justified the refusal of an

application for such licence, the Commissioner may eilher withdraw or

suspend such licence.

(2) Where a licence has been withdrawn or suspended the

Commissioner may grant a new licence or withdraw the suspension

where the circumstances giving rise to the withdrawal or suspension

have been removed or no longer exist.

(3) On the receipi of a nOlice of withdrawal or slIspension

the holder of a licence may, within one calendar month from such receipt,

make submissions in writing 10 the Minister requesting the removal of

such withdrawal or suspension.

(4) The provisions of subsections (3) and (4) of section II

of this Act shall mutatis mutandis apply to a submission made to the

Minister under subsection (3) of Ihis section.

PARTllI

Local Warden Services

No person shall act as a warden agency or as a local warden

or offer his services as such unless such person is licensed in accordance

with the provi~ion~ of thi~ A1..1.

No person shall employ, engage or permit the use of local

warden services unless such services are provided by a warden agency

or by local wardens, as the case may be, licensed in accordance with

the provisions of this Act.

No warden agency shall provide any person for dmies in, or

connected with, local warden services unless such person is licensed as

a local warden in accordance with the provisions of this Act.

(1) Subject to the provisions contained in this Part the Applicllllion of

. . _...,Ito

provisions of sections 6,7,8,9, 10, I I , 12 and 13 of this Act shall apply oections 6 10 13 ,,,

"mutatis mutandis" in relation to a licence for a warden agency or for a ond k>cal ... _ • .

local warden in the same way as they apply to an application for a

licence for a private guard agency or for a private guard, as the case

may require.

An application for a licence for a warden agency or for

(2)

a local warden shall be accompanied by such fee as may be prescri bed.

(I)

A local warden shall have the power to stop any -.~

"'-.10 detain

person, whom he suspects to have committed any breach of any Bye- p<JSOIIlI ond obuin

Laws, for' the purpose of identifying such person and tak ing his partiall ...

particulars, but may not detai n any person except as provided in the

following subsection of this section .

(2)

A local warden may detain any person for the purpose

of taking him before a police officer or until the arrival of a police

officer, where such person refuses to stop and give his particulars or for

the purpose of preventing such person from committing a hreach of any

Bye-LaWS where such person has been warned to desist and has not

desisted voluntarily.

(3)

Any person who refuses to give, or untruthfully gives

to any local warden in the exercise of his duties, his name, sumame,

address and other particulars thai may be lawfully required shall be

guilty of a contravention and shall on conviction be liable to a fine

(ammenda) of Lm25.

(I) No person shall in any way assault or resist by violence R .. illtaDo<md

vioIenocc apino!

any local warden in the execution of his duties under this Act.

I~ wanIo ....

(2) Saving any higher punishment to which he may be liable

under any other law any person who contravenes the provisions of this

section shall be gUilty of an offence and shall be liable on conviction to

imprisonment for a tcnn of one to six months

Provided that no punishment shall be awarded for the mere

act of assault or resistance against any person who, although he shall

have attempted to commence, or shall have actually commenced to act,

shall at the first warning given by the person assaulted or to whom

resistance is offered, or by any public authority, desist from the further

commission of the crime.

1bc provisions of sections 1l2. 11 3, 114. liS and 119 of the

Criminal Code shall apply to a local warden .

PARTlY

General

(1) Every person licensed under this Act shall for as long

as he is so licensed be covered by aD indemnity insurance, in such manner

and for such amount as may be prescribed against any liability which

such person may incur for compensation in respect of any loss or damage

that any other person may suffer as a resull of any act done or omitted

to be done by the person aforementioned or by any orhis employees in

the carrying out of any services provided under a licence issued in

accordance with the provisions of this Act. Such insumnce shall be

made by the employer if the person licensed is an employee.

(2) Every person bound to be covered by an indemnity

insurance under this section shall each year within a week of taking out

or renewing such indemnity insurance inform the Commissioner in

writing of the insurance company and the relalive number of the

insurance policy.

(3) For the purposes of this section every person bound to

be covered by an indemnity insurance shall , together with the

information required under subsection (2) of this section, submit a list

of persons, if any. employed with him.

(4) Any changes to the list of employees submitted under

the provisions of subsecti on (3) hereof shall be no tified to the

Commissioner within one week from the occurrence of any such change.

(5) Any person who fails to comply with any of the

provisions of this section shall be deemed toopente without the licence

required under this Act .

(1) Every person licensed as a local warden shall, while on

duty and only during such time,or while travelling to or from his tum

of duty , wear such distinguishable unifonns and other identity and, or,

distinctive badges or marks as approved by the Commissioner.

(2) Every person licensed as a private guard shall carry such

identity card or document as shall be prescribed and shall wear such

distinctive uniform and other idenliry and, or. distinctive badges or marks

as may be prescribed .

No person shall provide courses for the provision of academic, ~ ~1O

=. .....

training and other qualifications that may be required for a person to

obtain or hold a licence as a private guard or as a local warden, unless

the said courses are approved by the Minister in accordance with

regulations as may be prescribed.

The Minister may make regulations for the purpose of I'owerlO~

carrying into effect the provisions of this Act, and may, without prejudice .. ,uloIi.,....

to the generality of the foregoing, by such regulations prescribe:-

(a) fees payable under thi s Act or for any services under or

pursuaht to this Act, and different fees may be so prescribed for

different services or for ditlerent licences under this Act;

(b)

the forms to be used for any of the pUrposes under this

Act;

(c) the academic, lIaining and other qual ifications that may

be necessary for thc granting or holding of a licence under this

Act;

(d) for the approval of courses to provide academic, training

and other qualifications necessary for the granting of a licence

under thi s Act;

anything that mayor is to be prescribed under this Act

(e)

Provided that in the case of regulations made in relation to

local wardens , local warden services or warden agenc ies, suc h

regu lations shall be made with the concurrence of the Minister

responsible for toea1 government.

Any person -

(a) who operates a private guard agency or a warden agency

in contravention of any of the 'provisions of this Act or of any

licence issued thereunder or acts in breaeh of the provisions of

section 23 of this Act, sha1l be guilty of an offence an d shall be

liable on conviction, to a fine (multa) not exceeding LmlO,OOO

and to imprisonment for a term nOI exceeding one year or to bmh

suc h fine and imprisonment

(b) who acts or is employed as a private guard or as a local

warden in contravention of any of the provisions ormis Act or of

any licence issued thereunder shall be guilty of an offence and

shall be liable, on conviction, to a fine (mu/ta) .not exceeding

Lm2.ooo and to imprisonment for a term not exceeding six months

or to both such fine and imprisonment;

(e) who employs, engages or pcnnits the use of private guard

services or of warden services in contravention of section 4 or

section 15 or lhis Act or otherwise is in breach of any provision of

this Act other than those to wh ich paragraphs (a) and (b) hereof

apply shall be guilty of an offence and shall be liable,on conviction,

to a fi ne (multa) not exceeding Lm500.

On the date of the coming into force orlhis Act and for

(I)

a period of six months thereafter, any person who by nOI later Iban onc

month following the date o rlbe coming into force ormis Act shall have

given notice in writing to the Commissioner that on the date of the

notice he was delivering any private guard services which require a

licence under this Act indicating the type of services being delivered

and any persons engaged or employed in or with such services may

continue to deliver the services indicated in the notice without the need

of any licence under this Act.

The provisions o f section 4 of this Act shall not apply

(2)

during the period of six months mentioned in subsection (I) of this

section.

The Local Cou ncils Act, 1993 , shall be ame nded as

follows:-

1993. (a)

section 51 shall be amended as follows:-

(i) in subsection (I) thereof the word "only" shall be

deleted; and

in subsection (2) thereof for the words "shall only"

(ii)

there shall be substituted the word "may"; and

section 72 shall be amended as follows: -

(b)

(i) in subsection (1) thereoflhe words "for prescribing

any form or procedure for which no express procedure is

contained in this Act, and" shall be de leled; and

(ii) immediately after subsection (2) thereofthe.re shall

be added the following new subsection:-

"(3) The Minister may also, in addition to such

regulations make or authorise the making of such forms.

procedures, guidelines and directions as he may deem

necessary or expedient, in relation to any function vested

in or delegated to Local Councils by or under this Act,

so as to secure a uniform level of operation, including

the engagement of the services of local wardens and the

procurement of other services and goods, or to establish

minimum standards or to provide for such other matter

as may be ancillary or incidental to the exercise of such

functions.".

Passed by the House of Representatives at Sitting No. 530 oCtile 22nd April,

1996. LAWRENCE GoNZl

S~aker

JOSANNE BONELLO

Acting Clerk to the House of Representatives.