ACT No. XXII of 2010 AN ACT to amend the Private Guards and Local Wardens Act, 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 follows

I assent.

G EORGE A BELA

(L.S.)

President

21st December, 2010

ACT No. XXII of 2010

AN ACT to amend the Private Guards and Local Wardens Act,

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 follows

(1)

The short title of this Act is the Private Guards and

Local Wardens (Amendment) Act, 2010 and this Act shall be read and

construed as one with the Private Guards and Local Wardens Act,

hereinafter referred to as "the principal Act".

(2) This Act shall come into force on such date as the Minister

responsible for Justice may by notice in the Gazette establish, and

different dates may be so established for different provisions or

different purposes of this Act.

Article 2 of the principal Act shall be amended as follows

(a)

immediately before the definition of "bye-laws"

therein there shall be inserted the following new definition

"Administrative Review Tribunal" means the

tribunal established under article 5 of the Administrative

Justice Act;

(b)

in the definition of "private guard" therein, for the

words "on behalf of the said agency" there shall be substituted

the words "including such services at a place of entertainment

and specialised private guards services;";

(c)

in the definition of "private guard agency" therein,

immediately after the words "private guard services" there shall

be inserted the words "or specialised private guard services" and

for the words "an employee to provide guard services in any

place of entertainment as may be prescribed" there shall be

substituted the words "private guards";

(d)

in the definition of "private guard services" for the

words from "part-time or casual," to "are open to the public;"

there shall be substituted the words "part-time or casual;"; and

(e)

immediately after the definition of "security

consultancy services" there shall be added the following new

definitions

" "specialised private guard" means a private guard

rendering specialised private guard services;

"specialised private guard services" means private

guard services in relation to the transportation or guarding

in transit of money or property, or in relation to premises

where money or property of value is stored, or in relation

to other premises otherwise exposed to high security

risks;".

Immediately after subarticle (5) of article 6 of the principal Amendment of

article 6 of the

Act, there shall be inserted the following new sub-articles

principal Act.

"(6)

In considering an application lodged by any person

desiring to be licensed as a private guard agency employing or

engaging private guards to provide private guard services in any

place of entertainment the Commissioner shall determine

whether the place of entertainment in question requires the

provision of such services, taking into account security

considerations including in particular the maximum capacity of

the place of entertainment in question.

(7)

Where a person desires to engage a private guard

agency for the purposes of providing private guard services at a

place of entertainment such person shall request the prior

authorisation of the Commissioner.

(8)

A person desiring to engage a private guard agency

for the purpose of providing specialised private guard services

shall request the prior authorisation of the Commissioner. The

Commissioner shall consider whether the criteria for specialised

private guard services are fulfilled.".

In sub-paragraph (v) of paragraph (a) of article 10 of the

principal Act, for the words "of the crime;" there shall be substituted

the words "of the crime; or" and immediately thereafter there shall

inserted the following new sub-paragraph

"(vi) has been convicted in Malta or elsewhere of a crime

affecting the good order of families."

Article 11 of the principal Act shall be amended as

follows

(a)

in subarticle (3) thereof for the words "make

submissions to the Minister" there shall be substituted the words

"apply to the Administrative Review Tribunal in accordance

with article 15 of the Administrative Justice Act" and

immediately after the words "that the licence be issued" there

shall be inserted the words "and thereupon the provisions of the

said Act shall apply to the proceedings before the said Tribunal

and to any appeal from any decision thereof"; and

(b)

subarticle (4) thereof shall be deleted.

Immediately after article 12 of the principal Act, there

shall be inserted the following new articles

" Prevention of

(1)

A private guard at a place of

entry of persons in

entertainment shall have the power to prevent

a place of

any person from entering that place of

entertainment.

entertainment if the person is known to have

caused disturbance at the said or other

premises, including through violent behaviour

or harassment of other persons. Entry may also

be denied to any person who refuses to produce

an identification document on request, or who

appears manifestly intent on causing

disturbance or to a person who appears violent

on account of intoxication.

(2) Where a person causes disturbance

within a place of entertainment by displaying

violent behaviour, the private guard at the place

of entertainment shall take such measures as

necessary to notify the Police immediately and

shall have the power to detain such person until

the arrival of a Police officer.

(3) Where a person harasses any other

person at a place of entertainment, the private

guard at the place of entertainment shall notify

the Police immediately and shall have the

power to escort that person outside the

premises, or to detain such person until the

arrival of a Police officer.

(4) In giving effect to the provisions of

subarticles (1), (2) and (3) the private guard at

the place of entertainment may exercise

minimum force only where the person fails to

comply without physical restraint.

(1)

A specialised private guard

Other powers of

specialised private

may deny entry to any person who fails to

guards.

produce, on request, an identification or to any

person who is causing or whom he reasonably

suspects will cause disturbance.

(2) A specialised private guard shall

have the power to carry out a search on any

person entering the premises being guarded for

any arms proper, or objects similar to weapons

of any description, or any other object that may

be used for defensive or offensive purposes and

where the said private guard discovers any such

arm proper or object he shall immediately

notify the Police and shall withhold the object

and detain the person until the arrival of a

Police Officer.

(3) Where a person threatens any other

person at the premises being guarded, or carries

or displays any arm proper or any object that

may be perceived as an arm proper or as any

other object that may be used for defensive or

offensive purposes, or causes a disturbance in

any other way whatsoever, a specialised private

guard shall have the power to immediately

seize any such object as aforesaid and shall

detain the person until the arrival of a Police

officer. Whenever a person is detained the

specialised private guard shall notify the Police

immediately.

(4) A specialised private guard engaged

in the guarding of money or property in transit,

or of any such place where loading or

unloading of such money or property is taking

place, may detain any person in the area of

operation who displays threatening, abusive or

violent behaviour, or who displays any arm

proper, any object that may be perceived as an

arm proper or any other object that may be used

for defensive or offensive purposes. Such

person shall be detained until the arrival of a

Police officer. Whenever a person is detained

the specialised private guard shall notify the

Police immediately.

(5) In giving effect to the provisions of

subarticles (1), (2), (3) and (4) the specialised

private guard may exercise minimum force

only where the person fails to comply without

physical restraint.".

7. In subarticle (2) of article 22 of the principal Act, for the

words "Every person licensed as a private guard" there shall be

substituted the words "licensed as a specialised private guard or a

private guard at a place of entertainment".

8. In article 23 of the principal act, for the words "a private

guard" there shall be substituted the words "a private guard, a

specialised private guard or a private guard at a place of

entertainment".

9. Article 24 of the principal Act shall be amended as

follows

(a)

paragraph (e) thereof shall be renumbered as

paragraph (f); and

(b)

immediately after paragraph (d) thereof there shall

be added the following new paragraph

"(e) standards and conditions to be met for the

provision of services under this Act, and for the reporting

of measures adopted in order to comply with such

standards and conditions;".

10. Article 25 of the principal Act shall be amended as Amendment of

article 25 of the

follows

principal Act.

(a)

in paragraph (b) thereof, for the words "as a private

guard" there shall be substituted the words "as a private guard, a

specialised private guard or a private guard at a place of

entertainment.";

(b)

in paragraph (c) thereof, for the words "private

guard services" there shall be substituted the words "private

guard services, specialised private guard services, the services

of private guards at a place of entertainment" and the words "not

exceeding one thousand and one hundred and sixty-four euro

and sixty-nine cents (1,164.69)." shall be substituted by the

words "not exceeding one thousand and two hundred euro

(1,200);"; and

(c)

immediately after paragraph (c) thereof, there shall

be added the following new paragraph

"(d) who, being a private guard at a place of

entertainment or a specialised private guard, exercises

excessive use of force or in any other way abuses of the

powers conferred upon him under this Act, shall be liable,

on conviction, to a fine (multa) not exceeding two

thousand euro (2,000) and to imprisonment for a term not

exceeding twelve months or to both such fine and

imprisonment.".

11. In paragraph (c) of subarticle (1) of article 222 of the Consequential

Criminal Code for the words "exercised his functions." there shall be amendment

the Criminal

substituted the words "exercised his functions;" and immediately Code.

thereafter there shall be inserted the following new paragraph

"(d)

on the person of whosoever was exercising his

lawful duties as a private guard, a specialised private guard or

local warden in accordance with the provisions of the Private

Guards and Local Wardens Act.".

Passed by the House of Representatives at Sitting No. 294 of the

7th December, 2010.

M ICHAEL F RENDO

Speaker

P AULINE A BELA

Clerk to the House of Representatives