Local Wardens Regulations, 1996

L. N. 161 of 1996

PRIVATE G UARDS AND LOCAL WARD ENS AC I', 1996

(ACf NO. XUI 0 1<' 1996)

Local Wardens Regulations, 1996

IN exercise of the powers conferred by section 24 of the Private

Guards and Local Wardens Act, 1996, the Minister for Home Affairs.

with the concurrence of the Prime Minister and of the Minister of

Finance. has made the followi ng regulations:-

I. (I) These regulations may be ciled as the Local Wardens

Regulations. 1996.

(2) These regulations shall come into force on the 27th

August, 1996.

PART I

Preliminary

In these regulations. unless the context otherwise requires

( I ) Dawn ir-regolamenti jistghu jissejhu r-Regolamenti la'

1-1996 dwar Gwardjani Lokali,

(2) Dawn ir-regolamenti ghandhom jibdew ischhu fis-27

la' Awissu, 1996.

TAQSIMA I

Preliminari

Training Course

Successful completion of the course wi lJ enable a

panicipant to

(a)

become a motivated and proficient local

warden;

(b) recognise the functions and inherent

duties and be able to perform such duties in a

reliable, effective and well-organised manner.

Following closely the provisions contained in the Private

Guards and Local Wardens Act, 1996 and other relevant

legislation, a series of interconnccted modules introduce

the keynote subject-maner, skills required, threats and

vulnerabilities.

Tuition will include presentations. demonstrations,

discussions and participation in project exercises.

Quality of direction, tuition and presentation is 10 be

assured through the panicipation of qualified specialists

or acknowledged experts in all the fields of the keynote

subjects.

Introduction

Purpose, Objectives nnd Outline of the Course

Introduction all round

Briefings covering Course procedures

Introduction to the Private Guards and Local Wardens

Act, 1996.

Duties and obligations

Intorduction to the Local Councils Act with special

reference to obligations of Local Council administration.

Introduction to other relevant legislation.

The Local Warden

Personal and interpersonal Skills

Appearance and Image

Communication

Dealing with People

Dealing with the Police

Dealing with other authorities and bodies

The Role of the Local

Street PalrOlling

Warden

Observation

Issuing of tic kets

Investigation

Report Writing

Court Procedures

Parking Offences

Litter Offences

Other offences

Other duties.

"Acl" means the Private Guards and Local Wardens Act.

1996;

"Commissioner" means the Commissioner of Police;

"continuing training course" means any training course as

is referred to in paragraph (2) of regulation 4 ofthcse regulations

intended to continue to train and update local wardens in the

performance of their duties;

"Minister" means the Minister responsible for the Police.

PART II

Q uali ncations and Training Courses

(Regulation 6( 1»

Private Guards and Local Wanle:ns Ad, 1996

Application tor 11 Ik:ence of 11 WardtII ActDC)'

in ltmu or RdkMas 6 and 11

Details ot Applicant

1. Name and Surname

Business Address J Registered

1.1

I

Orrice

ID J R"egistralion Number

Name or proposed Warden

Agency

Details where AppUcaDI is 11 body or persons

2. Where the Applicant is a Body or Persons . the rollowing inrormation is to be given

regarding the shareholders, dlrtdors and partners (and. in the case or Partnerships.

their registration number, the registered office or the Partnership and the number or

persons employed)

Address / Registered Orrice

2.1 Name

Shareholder I Director / Partner

ID / Registration Number

Number or employees

2.2

Name

Address I Registered Office

Shareholder I Director I Partner

ID I Registration Number

Number of employees

2.3

Name

Address I Registered Office

Shareholder I Director I Partner

ID I Registration Number

Number of employees

2.4

Name

Address I Registered Office

Shareholder I Director I Partner

ID J Registration Number

Number of employees

8 1444

Address I Registered Office

2.5

Name

Shareho lder I Director I Partner

ID I Registration Number

Number of employees

Address I Registered Office

2.6

Name

Shareho lder I Director I Partner

ID I Registration Number

Number of employees

If lhe Applicant is a body of persons, the Memorandum and Articles of Association, or

the deed creating the body. as the case may be, is to be attached to this application.

3. Details of Secretary and other ofTkers

3.1

Secretary

Name

Address

10 Number

32 Other officers

N.me

Add"",

Designation

ID Number

Address

No person shall be qualified to be licensed as a local warden 0..1 if ",""ion> f ...

in accordance with the provisions of the Act unless such person has

attained the age of eighteen years and satisfies the Commissioner that

he has obtained a standard of education equivalent to a school leaving

certificate of either a secondary school or a trade school

Provided that this provision shall not appl y to persons who

hnve completed a period of service of at least twe nty-five years with

the Police or anned forces or the prison services.

(Regulation 7( 1»

Private Guards and Local WardeM Act, 1996

Application ror a licence or a Local Warden in terms or sectiOM 6 and 17

Details or Applicant

I . I

Applieant' s Name and Surname

Address

I

ID Number·

Date and Place of 8 inh

2. Full Details or Working Experience

3. Details or Employment

3.1

Applk ant's prescnt employment

3.2

Has Appl icant ever been employed with the Police. armed forces or the prison

SCTVJces?

B 145 1

The cause of the termination of such employment (if applicable).

4. Academic, training and other qualifications

The Applicant is to produce the relevant academic and training certificates.

S.

FInancial Status

The Applicant is to produce with this application sworn a I solemn declaration that he

as not been declared bankrup! and tha! no such bankrup!cy proceedings have been

commenced.

AuthorisaHon tor the purpose of section 10 (a)(II) of the Act.

6. I hereby authorise the Commissioner of Inland Revenue , the Commissioner of V AT.

and any Bank Manager to disclose any information that may be required by the

Commissioner of Police 10 ascertain my financial posilion for the purpose of the Private

Guards and Local Wardens Act, 1996.

6.1

Applicant's name

Signature

7. Dedaration of Financial Interest

I hereby declare that I have no financial or other interest (including any other business

or economic activity, services provided or employment held) which could in any way

conflict with my services.

7.1 Applicant's name

Signature

8. Fee

A fee of Lm _

is being enclosed.

9. List of Documents

Applicant.'i are to list the documents attached to this application.

1.

2.

3.

4.

5.

6.

7.

10. Applk:ant's declaratlon

I hereby declare that the infonnation cOnlained in this application is, to the best

of my knowledge and belief. true and correct, and I undertake that in accordance

with the provisions of paragraph (c) of subsection (I) of section 12 of the Act, I

shall immediately infonn the Commissioner of any change in the information

herein cOnlained.

Applicant's name _ _ __ _ _ _ _ _ _ _

Signature

K ... iljo _ rub/is/otJ hJ ,~ 0<".,,, __ , ,,{ 1"",,,,.,.;0,. - Ku,,;/jIJ

Ipplltlblibl mIo!.Dipani ...... "" 1. lnlonnaujoni

N ilbu." n. l>Iamp<rijo ",1.G'mI _ Prlt>tni '" ,/w Gffl .. ,.,_ ... p""j~, I'r ...

Pm> 18< - Priu 1St

(I ) Any person applying for a licence to act as a local

warden shall submit to the Commissioner a cenilicate showing that he

has successfu lly completed such training courses as may be approved

in accordance with the provisions of these regulations.

(2) A local warden shall not qualify to have his licence

renewed in accordance with the provisions of subsection (2) of section

12 and of section 17 of the Act unless he proves to the satisfaction of

tile Commissioner that during the previous year he had auended a

continuing training course or courses of not less than ten hours in the

uggregate.

S. ( I) Any person dcsiring to provide training courses for the

purposes of section 23 of the Act shall make an application therefor to

the Minister.

(2)

Suc h appli cation shall contai n the follow ing

information

(a) the individual or individuals who will be effectively

running the courses

(b)

the duration of the course

(c)

a detailed breakdown of the syllabus content

(d)

assessment criteria

(e)

the premises where training will be provided: and

such mher infonnat ion as the Minister may require.

(f)

(3) Having considered an appl ication under paragraph (2)

above the Minister may approve the provision of such training courses.

(4) Such approval shall be valid for a period of onc year

and may be subject to such lenns and conditions as the Minister may

deem fit to impose HOd may be withdrawn at any time whe re

(a) any of such terms an d condi tion s or an y of the

provisions of these regulations has nOI been complied wilh: or

(b) circumstances arise which could have justified a refusal

of the application: or

(c)

for any other reason which he may deem appropriate.

(5) Unless withdrawn in accordance wilh lhe provisions

of paragraph (4) of this regu lation such approvaJ may be renewable

from year to year.

(6) Courses approved under this regu lation shall as a

minimum provide adequate instJUction and traini ng in the top ics shown

in the First Schedule to these regulations.

(7) For the purposes of paragraph (3) above such courses

shaJ l be subject to inspection as the Minister may direcl.

(8) Any person whose application to provide train ing

courses is approved in accordance with this regulation, s hall be

aulhorised to issue any certificate required under regulation 4 of these

regu lations.

The aulhorisation unde r Ihis regulation to a person to

(9)

provide training courses shall include the aut horisation to provide

continui ng training courses.

(10) Any person authorised to provide training courses

under Ihis regu lation may not refuse to provide such training 10 any

person seeking to be licensed as a local warden or to atlend aconlinuing

training course.

( 11) A fee of LmlOO shaIl be payable on app lication under

paragraph ( I) and on renewal under paragraph (5) of this regulation.

PART In

Miscellaneous

6 (I) An application for a licence of a warden agency shall Licenceof

be made to the Commissioner in the form set out in the Second Schedule ........ _Y·

10 Ihese regulations.

(2) There shall be payable to the Commissioner in relation

to a licence of a warde n agency the following application fees

(a) an application fee of Lm25 for lhe issue of a licence to

a person applying to offer his own services as an individual; and

(b)

an appl ication fee of LmlOO in any other case.

(3) On [he renewal of such licence there shall also be paid

to the Commissioner the following fees

(a) Lm25 per an num in the case of a person offering his

own services as an individual; and

(b) in any other case a fee of Lm5 per annum for every

local warden e mployed, subject to a minimum fee of LmlOO and

a maximum fee ofLm500 per annum.

7 ( I) An application for a licence of a local warden shall be

made to the Commissioner in the fonn set out in the Third Schedule to

these regulat ions.

(2) There shall be payable to the Commissioner in relation

[0 a licence of a local warden an application fee ofLm lO on application

and an annual fee of Lm5 on its renewal.

8 ( I) Every person who, not being a person who is employed

with a warden agency for the purpose of such employment, is required

to be covered by an indemnity insurance in terms of section 21 of the

Act, and shall be so covered throughout the currency of the insurance

policy as shown hereunde r

(a) for loss or damage caused by the negligence of such

person or any of his employees, to an amount of not less than

Lm 50,000; such amount shall be net of any excess unde r the

said insurance policy;

(b) for any loss or damage caused by theft or any attempts

thereof committed by such person or any of his employees, to an

amount which is equivalent to th e replacement value of the actual

theft

(c) for death or bodily injury resulting from the negligence

o f such person or his employee, to an amount of not less than

LmlOO,OOO.

(2) 1be provisions of paragraph (I) of this regulation shall

be without prejudice to any othercovcr for indemnity insurance whic h

such person may be required to provide in the provision of local warden

(3) Un less special circumstances exist. an insurance

company shall, for the purposes of the said section 21 of the Act, be

deemed to be a company liccnSe'd under the provisions of the Insur-.mce

B usincs~ Act.

( I) Applikazzjoni ghallicenza ta' agenzija ta ' gwardjani LIi:enI ...... . . . . J ...

ghllooha ssir liIl-Kummissarju m-forma murija fit· Tieni Skeda li linsab " · cwonlJOl'l

ma · dawn ir.regolamenli.

(2) Ghandhom jithall~u lill-Kummissarju. dWll r il.hrug la'

licenza la· agenzija ta· gwardjani lokal i, id-drittijiet 1i ge]in

(a) drill la· Lm25 ma' kull applikazzjoni ghallicenza la'

persuna li tapplika biex toffri s·scrvizzi taghha bhala individwu;

"

(b) dritt ta' Lm 100 ma' I-applikazzjoni null kai: idlor.

(3) Mat-tigdid ta' dik il-lieenza ghandhom ukoll jithallsu

lill-Kummissarju d-drittijiel li geiiin

(a) Lm25 kull sena fkai ta' persuna li tkun qed tofm s-

scrvizzi taghha bhala individwu; u

(b) null kaz iehor, dritt ta' Lm5 kull sena ghal iwll

gwardjan lokali impjegat, suggett ghall-hlas ta' driu minimu ta'

Lm 100 u massimu ta' Lm.500 fis-sena.

Applika.zzjoni ghallii:enUl ta ' gwardjan lokali ghandha

(I)

,.

ssir lill-Kummissarju m -forma murija fit-Tielel Skeda li linsab ma'

dawn ir-regolamenti.

(2) Ghandu jithallas lill-Kummissarju dwar licenz.a la'

gwardjan lokali drilt ta' Lm 10 mcta ssir J-applikazzjoni u dritt ta' Lm5

1(U1l sena mal-tigdid.

8, (I) Kull persuna li ma Ikunx impjegata ma' agenzija la'

gwardjani lokali ghall-ghan ta' dak I-impieg, ghandha tkun koperta

b'assigurazzjoni ghal indennizz, skond ]·artikolu 21 ta' I-AIt,u ghandha

libqa' hekk kopena ghaz-zmien kollu tal-polUl ta' I-assigurazzjoni

kif i#

<a) ghal lelf jew dannu li jiggarrbu minhabba negligenza

la' dik il-persunajew ta' xi wiehed mill-impjegati taghha, ghaJ

ammon! ta' mhux anqas minn LmSO.ooo; dan I·ammon! ghandu

jkun nett min n kull ~xC~SJ taM dill: il-poIUl;

(b) ghal kull telf jew dannu li jiggarrbu minhabba serq jew

xi attentati ta' serq mi nn dik j]-persuna jew xi wiehed mill-

impjegati taghha, ghal ammont li jkun daqs I-valur biex jergghu

jinxtraw J-oggetti misruqa;

(c) ghal mewt jew korriment m - persuna ikkagunati

b 'negligenza ta' dik il-persuna jew xi impjegat taghha, ghal

ammonl ta' mhux anqas minn LmIOO.ooo.

(2) Id-dispozizzjonijiet tal-paragrafu (I) ta' dan ir-

regolamcnt ghandhom ikunu bla hsara ghal kull assigurazzjoni ghal

indennizzli dik iJ' penilIna tkun mehtiega li lipprovdi n-ghOli ta' servizzi

ta' gwardjan lokali.

(3 ) Hlief f'Cirkos tanzi speejali , kumpannija ta'

assigUl1lUjoni ghandha lilqies, ghall-finijtel ta' I-imsemmi anikolu

21 ta'l-An,1i Ikun kumpannija lii:enzjata taht id-dispovzzjonijicl ta'

I-All dwar I-Impriza ta' I-Assigurazzjoni.

( I) 1beCommissioncr shallissue anide nti tycatd toevery ~tMb.

person licensed as a local warden. 1be identity card shall remain the

ploperty of the Commissioner.

(2) Such card shall bear a phol:ograph of the licensee and

shall be valid for a period offjve years from the date of its issue. U the

licence of the local warden in re lation 10 whom the card was issued is

suspended, withdrawn or no!: renewed, the identity card shall be deemed

10 have expired on the happening of such an evenl.

(3) 1be identity card shall beretumed to the Commissionec

on the expiry of its validity as specified in panlgraph (2) hereof.

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

on duty, wear the identity card in a conspicuous place.

1 Name

Designation

ID Number

3.2.2 Name

Address

Designation

ID Number

3.2.3 Name

Address

Designation

ID Number

4. Reievunl Working Experience of Applicanl and other persons mentioned above.

Details or Employment

S.

5 . 1 Applicant's present employment

5.2

Has Applicunt ever been employed wit h the Police. anned forces or the prison

services?

5.3 The cause of the tennimnion of such employment (if applicable).

6. t'lnancial Status

6. 1 If Applicant was previously carrying on any business ac tivily . the financial

stateme nts,or if so required under any other law . the audited financial statements

for the lasl three years are ro be llu3chcd. (If applicable Stale yearls which are

being attached ),

6.2 The Applicant is to produce with this application a sworn I solemn declaration

that he has not been declared bankrupt and that no such bankruptcy proceedings

have been commenced.

7. Indemnity Insurance

This application is subject to the condition that an Insurance Policy in accordance

with the provisions of section 21 of the Act is produced 10 the Commissioner of Police.

Any person who does not comply with any of the provisions contained in the said

section 21 shall be deemed to be operating without the licence required under the Act.

Authorisation for the purpose or section 10 (8)(11) or the Act.

8.

8. 1 This authorisation is to be signed by the Applicant. all officers of the Applicant

and by any other person having an effective control ofthe services to be provided

by the Applicant.

I hereby au thorise the Commissioner of Inland Revenue. the Commissioner of

V AT. and any Bank Manager to disclose any in fonnation that may be required

by the Commissioner of Police to ascertain my financial JXlSition for the purposes

of the Private Guards and Local Wardens Act, 1996.

8.2 Applicant

Name

Designation

Signature

8.3 Officers or the Applicant

8.3. 1 Name

Designation

Signature

8.3.2

Name

Designation

Signarure

8.3.3

Name

Designation

Signature

83.4

Name

Designation

Signatu re

Name

Des ignation

Signature

8.4

Other persons having an errectlve control

8.4.1

Nnme

Designation

Signature

8.4.2 Name

Des ignation

Signature

9. Declaration or financial Interest

I hereby declal': that I have no financial or other interest (including any other business

or economic activity. services provided or employment held) which could in any way

conflict with the services 10 be provided by this Warden Agency .

9. 1

Applicnn t's name

Designation

Signature

10. Fee

A fee ofLm _ _ is being enclosed.

11. List of Documents

Applicants are to list the documents attached to this application.

I.

2.

3.

4.

5.

6.

7.

12. Applicant's declaration

I hereby declare that the information contained in this application is, to the best

of my knowledge and belief, true and correct, and I undertake that in accordance

with the provisions of parngraph (c) of subsection (I) of section 12 of the Act, I

shall immediately inform the Commissioner of any change in the information

herein contained.

Applicant's name _ _ _ _ _ __ __ _ _

Designation

Signature