PRIVATE GUARDS REGULATIONS

SUBSIDIARY LEGISLATION 389.01

PRIVATE GUARDS REGULATIONS

27th August, 1996

LEGAL NOTICE 160 of 1996, as amended by Legal Notices 54 of 1999,

80 of 2001, 401 of 2004, 425 of 2007, 122 and 328 of 2011, and 66 and 224

of 2012 and Act XXI of 2020.

The title of these regulations is the Private Guards

Regulations.

PART I

Preliminary

Amended by

L.N. 122 of 2011;

[Regulation 5(6)]

L.N. 66 of 2012.

Training Course

Course Objectives

S u c c e s s f ul co mp l e t io n o f t h e co ur s e w il l e na ble a

participant to

(a) become a motivated and proficient private

guard;

(b) recognise the functions and inherent duties and

be able to perform such duties in a reliable,

effective and well-organised manner.

Methodology

Following closely the provisions contained in the Private

Guards and Community Officers Act, and other relevant

legislation, a series of interconnected modules introduce

the keynote subject-matter, skills required, threats and

vulnerabilities.

Tuition will include presentations, demonstrations,

discussions and participation in project exercises.

Quality of direction, tuition and presentation is to be

assured through the participation of qualified specialists

or acknowledged experts in all the fields of the keynote

subjects.

Syllabus

Introduction

The Science of Security

What is Security Risk?

What is probability of Risk?

How should security be treated

Private guard services as defined in the Private Guards

and Community Officers Act.

Basic Skills

Observation

Investigation

Inquiry

Action

Controls

Safety

Introduction to Safety Drills

Why safety drills?

The requirements

F a m i l i a r i s a t i o n w i t h p r o c e d u r e s o r g a n i s a t i o n ’s

instructions

Interpersonal Skills

Why Teamwork?

Co-ordination in security procedures

Practical use of teamwork

Initiative for better work output

Good judgement through people at work

Introduction to Disaster planning

Using available resources

Acting in unison to overcome obstacles

Personal Skills

Attributes of a security person

Physical and mental qualities

Creating effective awareness

Action planning

Training Course for Private Guards at Places of Entertainment

Course Objectives

Successful completion of the course will enable a

participant to

(a) address difficult situations, insofar as

possible without recourse to physical

restraint;

(b) exercise minimum use of force in

situations where use of force is

absolutely necessary.

The course also seeks to update participants on the

basic principles set out in the Private Guards and

Community Officers Act and other matters relating

to the Private Guards Sector.

Methodology

Following closely the provisions contained in the

Private Guards and Community Officers Act, and

other relevant legislation, the modules introduce

the keynote subject-matter, skills required, threats

and vulnerabilities.

Tuition will include presentations, dem-

o nstrat ion s, d iscussi ons and particip atio n in

project exercises.

Quality of direction, tuition and presentation is to

be assured through the participation of qualified

specialists or acknowledged experts in all fields of

the keynote subjects.

Syllabus

Private guard services as defined in the Private

Guards and Community Officers Act

The Science of Security and Risk

Conflict Management Training

Exercising minimum use of force

Basic Skills

Observation

Investigation (assessment of specific situations)

Inquiry

Appropriate action according to situation

Controls

Safety

Safety Drills

The requirements

Familiarisation with Procedures

Interpersonal skills

Negotiating difficult situations

Training Course for Specialised Private Guards

Course Objectives

Successful completion of the course will enable a

participant to

(a) address difficult situations, insofar as

possible without recourse to physical

restraint;

(b) exercise minimum use of force in

situations where use of force is

absolutely necessary;

(c) drive armoured vehicles securely (in the

case of applicants for a Specialised

Private Guard (driving) licence).

The course also seeks to update participants on

the basic principles set out in the Private.Guards

and Community Officers Act and other.matters

relating to the Private Guards Sector.

Methodology

Following closely the provisions contained in the

Private Guards and Community Officers Act, and

other relevant legislation, the modules introduce

the keynote subject-matter, skills required, threats

and vulnerabilities.

Tu i t i o n w i l l i n c l u d e p r e s e n t a t i o n s , d e m -

onstrations, discussions and participation in

project exercises.

Quality of direction, tuition and presentation is to

be assured through the participation of qualified

specialists or acknowledged experts in all fields

of the keynote subjects.

Syllabus

Private guard services as defined in the Private

Guards and Community Officers Act

The Science of Security and Risk

Conflict Management Training

Exercising minimum use of force

Security Driving (in the case of applicants for a

Specialised Private Guard (driving) licence)

Basic Skills

Observation

Investigation (assessment of specific situations)

Inquiry

Appropriate action according to situation

Controls

Safety

Safety Drills

The requirements

Familiarisation with Procedures

Interpersonal skills

Negotiating difficult situations".

In these regulations, unless the context otherwise requires

"Act" means the Private Guards and Community Officers Act;

"Commissioner" means the Commissioner of Police;

"continuing training course" means any training course as is

referred to in regulation 4(2) intended to continue to train and

update private guards in the performance of their duties;

"Minister" means the Minister responsible for the Police.

PART II

Qualifications and Training Courses

(Regulation 6(1))

Private Guards and Community Officers Act

Application for a licence of a Private Guard Agency in terms of article 6

1. Details of Applicant

1.1

Name and Surname

Business Address / Registered

Office

ID / Registration Number

Name of proposed Private Guard

Agency

2. Details where Applicant is a body of persons

Where the Applicant is a Body of Persons, the following information is to be

given regarding the shareholders, directors and partners (and, in the case of

Partnerships, their registration number, the registered office of the Partnership and

the number of persons employed)

2.1 Name

2.1

Name

Address / Registered Office

Shareholder / Director / Partner

ID / Registration Number

Number of employees

2.2

Name

Address / Registered Office

Shareholder / Director / Partner

ID / Registration Number

Number of employees

2.3

Name

Address / Registered Office

Shareholder / Director / Partner

ID / Registration Number

Number of employees

2.4

Name

Address / Registered Office

Shareholder / Director / Partner

ID / Registration Number

Number of employees

2.5

Name

Address / Registered Office

Shareholder / Director / Partner

ID / Registration Number

Number of employees

2.6

Name

Address / Registered Office

Shareholder / Director / Partner

ID / Registration Number

Number of employees

If the 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 officers

Secretary

Name

Address

ID Number

Other officers

Name

Address

Designation

ID Number

3.2.1 Name

Address

Designation

ID Number

3.2.2 Name

Address

Designation

ID Number

3.2.3 Name

Address

Designation

ID Number

4. Private guard services being applied for

Please tick the appropriate box which indicates the nature of the activities to

be carried out

prevention or detection of intrusion, unauthorised entry or activity,

vandalism, or trespass on private property

prevention or detection of fraud or theft, loss, misappropriation or

concealment of merchandise, money, bonds, stocks, notes or other

documents or papers

control, regulation or direction of the public’s movement in private or

restricted areas, whether by the use of a vehicle or otherwise to assure

the protection of property

protection of individuals from bodily harm

protection of property

provision of persons for the purpose of guarding money or any other

property in transit or for the transportation of such money or other

property

provision of armoured cars for the transportation of money or other

property

private investigative services

provision of security consultancy services

operation of premises offering safe deposit facilities

employment or engagement of an employee to provide private guard

services in a prescribed place of entertainment

5. Relevant Working Experience of Applicant and other persons mentioned

above.

6. Details of Employment

Applicant's present employment

6.2 Has Applicant ever been employed with the Police, armed forces or the

prison services?

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

7. Financial Status

If Applicant was previously carrying on any business activity, the financial

statements, or if so required under any other law, the audited financial statements for

the last three years are to be attached. (If applicable state year/s which are being

attached).

7.2 The Applicant is to produce with this application a sworn / solemn

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

proceedings have been commenced.

8. Indemnity Insurance

This application is subject to the condition that an insurance policy in

accordance with the provisions of article 21 of the Act is produced to the

Commissioner of Police. Any person who does not comply with any of the

provisions contained in the said article 21 shall be deemed to be operating without

the licence required under the Act.

9. Authorisation for the purpose of article 10(a)(ii) of the Act.

9.1 This authorisation is to be signed by the Applicant, all officers of the

Applicant and by any other person having an effective control of the services to be

provided by the Applicant.

I hereby authorise the Commissioner of Inland Revenue, the Commissioner

of V.A.T. and any Bank Manager to disclose any information that may be required by

the Commissioner of Police to ascertain my financial position for the purposes of the

Private Guards and Community Officers Act.

9.2

Applicant

Name ..................................................

Designation ..........................................

Signature ..............................................

9.3

Officers of the Applicant

9.3.1 Name ..................................................

Designation ..........................................

Signature ..............................................

9.3.2 Name ..................................................

Designation ..........................................

Signature ..............................................

9.3.3 Name ..................................................

Designation ..........................................

Signature ..............................................

9.3.4 Name ..................................................

Designation ..........................................

Signature ..............................................

9.3.5 Name ..................................................

Designation ..........................................

Signature ..............................................

9.4

Other persons having an effective control

9.4.1 Name ..................................................

Designation ..........................................

Signature ..............................................

9.4.2 Name ..................................................

Designation ..........................................

Signature ..............................................

10. Declaration 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 the services to be provided by this Private Guard

Agency.

10.1 Applicant’s name ..................................................

Designation ..........................................................

Signature ..............................................................

11. Fee

A fee of .................. is being enclosed.

12. List of Documents

Applicants are to list the documents attached to this application.

1.

2.

3.

4.

5.

6.

7.

No person shall be qualified to be licensed as a private

guard in accordance with the provisions of the Act unless such

person has attained the age of eighteen years.

(Regulation 7(1))

Private Guards and Community Officers Act

Application for a licence of a Private Guard in terms of article 6

1. Details of Applicant

Applicant’s Name and Surname

Address

ID Number

Date and Place of Birth

2. Full Details of Working Experience

3. Details of Employment

Applicant’s present employment

3.2 Has Applicant ever been employed with the Police, armed forces or the

prison services?

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.

5. Financial Status

The Applicant is to produce with this application a sworn/solemn

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

proceedings have been commenced.

6. Authorisation for the purpose of article 10(a)(ii) of the Act.

I hereby authorise the Commissioner of Inland Revenue, the Commissioner

of V.A.T. and any Bank Manager to disclose any information that may be required by

the Commissioner of Police to ascertain my financial position for the purpose of the

Private Guards and Community Officers Act.

6.1

Applicant’s name ......................................

Signature .................................................

7. Declaration 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 .................... is being enclosed.

9. List of Documents

Applicants are to list the documents attached to this application.

1.

2.

3.

4.

5.

6.

7.

10. 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 article 12(1)(c) of the Act, I shall immediately inform the

Commissioner of any change in the information herein contained.

10.1 Applicant’s name ......................................

Signature .................................................

(1) Any person applying for a licence to act as a private

guard shall submit to the Commissioner a certificate showing that

he has successfully completed such training courses as may be

approved in accordance with the provisions of these regulations

Provided that this provision shall not apply to persons who

have completed a period of service with the police, or the armed

forces, or the prison services, in Malta or abroad.

(2) Any person applying for a licence to act as a private guard

at a place of entertainment or as a specialised private guard shall

submit to the Commissioner proof that he has completed a period of

five years of service with the police, or the armed forces, or the

prison services, in Malta or abroad, or that he has served for a

period, or different periods, amounting to no less than five years, as

a private guard. The applicant shall be required to provide adequate

references attesting to satisfactory performance of his duties during

such term

Provided that the Commissioner may also require any applicant

for a licence to act as a private guard at a place of entertainment or

as a specialised private guard to attend a specialised course

Provided further that the Commissioner may also, particularly

where the applicant is not required to attend a specialised course,

require the applicant to produce a reference from the Private Guard

agency that is currently employing him or, in the event that he is not

employed at the time the application is submitted, a reference from the

Private Guard agency formerly employing him, attesting to the

satisfactory performance of duties.

(3) A private guard shall not qualify to have his licence

renewed in accordance with the provisions of article 12(2) of the

Act unless he proves to the satisfaction of the Commissioner that

during the previous year he had attended a continuing training

course or courses of not less than ten hours in the aggregate.

(4) The provisions of subregulation (1) shall not apply to any

person who proves to the Commissioner that he had been employed

in the provision of private guard services for a continuous period of

at least twelve months.

(1) Any person desiring to provide training courses for the

purposes of article 23 of the Act shall make an application therefor

to the Commissioner.

(2)

Such application shall contain the following 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

(f)

such other information as the Commissioner may

require.

(3) Having considered an application under subregulation (2)

the Commissioner may approve the provision of such training

courses.

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

may be subject to such terms and conditions as the Commissioner

may deem fit to impose and may be withdrawn at any time where

(a) any of such terms and conditions or any of the

provisions of these regulations has not been complied

with; 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 with the provisions of

subregulation (4) such approval may be renewable from year to

year.

(6)

Courses approved under this regulation shall as a minimum

provide adequate instruction and training in the topics shown in the

First Schedule.

(7) For the purposes of subregulation (3) such courses shall be

subject to inspection as the Commissioner may direct.

(8) Any person whose application to provide training courses is

approved in accordance with this regulation, shall be authorised to

issue any certificate required under regulation 4.

(9) The authorisation under this regulation to a person to

provide training courses shall include the authorisation to provide

continuing training courses.

(10) Any person authorised to provide training courses under

this regulation may not refuse to provide such training to any

person seeking to be licensed as a private guard or to attend a

continuing training course.

(11) A fee of two hundred and thirty-two euro and ninety-four

cents (232.94) shall be payable on application under subregulation

(1) and on renewal under subregulation (5).

PART III

Miscellaneous

(1) An application for a licence of a private guard agency

shall be made to the Commissioner in the form set out in the

Second Schedule.

(2) There shall be payable to the Commissioner for the issue of

a licence of a private guard agency the following application fees

(a) an application fee of fifty-eight euro and twenty-three

cents (58.23) for the issue of a licence to a person

applying to offer his own services as an individual;

and

(b) an application fee of two hundred and thirty-two euro

and ninety-four cents (232.94) in any other case.

(3) On the renewal of such licence there shall also be paid to

the Commissioner the following fees

(a) fifty-eight euro and twenty-three cents (58.23) per

annum in the case of a person offering his own

services as an individual; and

(b) in any other case a fee of eleven euro and sixty-five

cents (11.65) per annum for every private guard

employed, subject to a minimum fee of two hundred

and thirty-two euro and ninety-four cents (232.94) and

a maximum fee of one thousand and one hundred and

sixty-four euro and sixty-nine cents (1,164.69) per

annum.

(4) Any person who was licensed as a private guard prior and

up to 31 st January 2012, and who held such licence for a period of

at least six months, may apply for a licence to act as a specialised

private guard, insofar as he is in possession of the private guard

licence at the time the application is submitted and insofar that the

application is submitted by not later than 30 th March 2012. Any

such person may also apply for a licence to act as a private guard at

a place of entertainment, insofar as such an application is submitted

by not later than 30 th April 2012. The applicant shall be required to

submit a reference from the Private Guard agency that is currently

employing him or, in the event that he is not employed at the time

the application is submitted, a reference from the Private Guard

agency formerly employing him, attesting to the satisfactory

performance of duties.

(1) An application for a licence of a private guard shall be

m ade to the Commissi oner in the f orm set out in the Third

Schedule.

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

licence of a private guard an application fee of twenty-three euro

and twenty-nine cents (23.29) on the issue of such licence and an

annual fee of eleven euro and sixty-five cents (11.65) on its

renewal.

(3) Licences issued to private guards shall indicate whether the

holder is a "Private Guard", a "Private Guard at a Place of

Entertainment", a "Specialised Private Guard (driving)" or a

"Specialised Private Guard (non-driving)"

Provided that if the holder belongs to more than one Private

Guard category, the holder is required to be in possession of only

one licence indicating the category/categories of operations. A

licence may therefore indicate that a holder may provide services in

any one or more of the following categories

A Private Guard;

A Specialised Private Guard (driving);

A Specialised Private Guard (non-driving);

A Private Guard at a Place of Entertainment.

(4) The holder of the licence shall have such duties and powers

as are assigned by the Act and by these regulations

Provided that only a specialised private guard (driving) may

provide private guard services in relation to the transportation or

guarding in transit of property or money.

(1) Every person who, not being a person who is employed

with a private guard agency for the purpose of such employment, is

required to be covered by an indemnity insurance in terms of article

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

the insurance policy as shown hereunder

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

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

less than two hundred and thirty-two thousand and

nine hundred and thirty-seven euro and thirty-four

cents (232,937.34); such amount shall be net of any

excess under 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 the

replacement value of the actual theft;

(c) for death or bodily injury resulting from the

negligence of such person or his employee, to an

amount of not less than two hundred and thirty-two

thousand and nine hundred and thirty-seven euro and

thirty-four cents (232,937.34).

(2) The provisions of subregulation (1) shall be without

prejudice to any other cover for indemnity insurance which such

person may be required to provide in the provision of private guard

services.

(3) Unless special circumstances exist, an "insurance

company" shall, for the purposes of the said article 21 of the Act,

be deemed to be a company licensed under the provisions of the

Insurance Business Act.

(1) Every person licensed as a private guard shall, while on

duty, wear such uniform as the Commissioner may from time to

time approve

Provided that the Commissioner may in special

circumstances authorise in writing the exemption of a private guard

from wearing a uniform as aforesaid.

(2) Such authorisation shall be either in relation to a particular

assignment or for a specified period and shall be subject to the

express condition that a private guard so authorised shall carry

w h i l e o n d u t y, a n d t o b e s h o w n o n d e m a n d , t h e w r i t t e n

authorisation and the identity card issued by the Commissioner

under these regulations.

(3) Notwithstanding the provisions of sub-regulations (1) and (2),

private guards rendering private guard services at a place of

entertainment shall not be required to wear a uniform approved by the

Commissioner.

(1) The Commissioner shall issue an identity card to every

person licensed as a private guard. The identity card shall remain

the property of the Commissioner.

(2) Such card shall bear a photograph of the licensee and shall

be valid for a period of five years from the date of its issue. If the

licence of the private guard in relation to whom the card was issued

is suspended, withdrawn or not renewed the identity card shall be

deemed to have expired on the happening of such an event.

(3) The identity card shall be returned to the Commissioner on

the expiry of its validity as specified in subregulation (2).

(4) Every person licensed as a private guard shall, while on

duty, wear the identity card in a conspicuous place

Provided that this provision shall not apply to any person

authorised to be exempted from wearing a uniform under regulation

9(1) if the Commissioner so authorises in the exemption.

(1) A private guard may not perform duties at a place of

entertainment unless he is issued with a private guard at a place of

entertainment licence.

(2) A private guard may not perform duties that are considered

by the Commissioner to fulfil the criteria of a specialised private

guard in accordance with article 6(8) of the Act, unless he is issued

with a specialised private guard licence.

(3) Notwithstanding the provisions of sub-regulation (2), a

private guard may perform such duties as are therein referred to,

without being issued with a specialised private guard licence, until

the 30 th June 2012.

(4) Notwithstanding the provisions of sub-regulation (1) a private

guard may perform such duties as are therein referred to, without being

issued with a private guard at a place of entertainment licence, until

the 30 th June 2012.

(1) Any private guard agency providing services in

relation to the transportation or guarding in transit of money or

property shall make use, during the provision of such services, of

armoured vehicles.

(2) Any private guard vehicle transporting or guarding in

transit money or property shall be manned by at least two

specialised private guards

Provided that any such vehicle may be manned by private

guards who have not been issued with a specialised private guard

licence until the 30th June 2012.

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 article 12(1)(c) of the Act, I shall immediately inform the

Commissioner of any change in the information herein contained.

13.1 Applicant’s name ..................................................

Designation ..........................................................

Signature ..............................................................