COMMUNITY OFFICERS REGULATIONS

COMMUNITY OFFICERS

SUBSIDIARY LEGISLATION 389.02

COMMUNITY OFFICERS REGULATIONS

27th August, 1996

LEGAL NOTICE 161 of 1996, as amended by Legal Notices 216 of 1999,

79 of 2001, 402 of 2003, 425 of 2007, 402 of 2011 and 261 of 2012.

The title of these regulations is the Community Officers

Regulations.

PART I

Preliminary

(Regulation 5(6))

Training Course

Course Objectives

Succe ss f ul com pl et i on of the cou rs e w il l enabl e 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 wi ll incl ude presentations, demonst rations,

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

Purpose, Objectives and Outline of the Course

Introduction all round

Briefings covering Course procedures

The Operating

Intr oduction to the Privat e Guards and Communi ty

Environment

Officers Act

Duties and obligations

Introduction to the Local Government Act with special

reference to obligations of Local Council administration

Introduction to other relevant legislation

The

Community

Personal and interpersonal skills

Officer

Appearance and Image

Communication

-

Dealing with People

-

Dealing with the Police

-

Dealing with other authorities and bodies

The Role of the

Street Patrolling

Community Officer

Observation

Issuing of tickets

Investigation

Report writing

Court procedures

Parking Offences

Litter Offences

Other offences

Other duties

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 community officers 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 Community Officers Agency in terms of article 6

1. Details of Applicant

1.1

Name and Surname

B us i n es s Ad d re s s / R egi s t ere d

Office

ID / Registration Number

Name of proposed Community

Officers 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

3.1

Secretary

Name

Address

ID Number

3.2

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. Relevant Working Experience of Applicant and other persons mentioned

above.

5. Details of Employment

5.1

Applicant's present employment

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

prison services?

5.3

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

6. Financial Status

6.1 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).

6.2 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.

7. Indemnity Insurance

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

accor dance with the provi sions of arti cle 21 of the Act is pr oduced 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.

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

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 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.

8.2

Applicant

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

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

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

8.3

Officers of the Applicant

8.3.1 Name ..................................................

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

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

8.3.2 Name ..................................................

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

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

8.3.3 Name ..................................................

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

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

8.3.4 Name ..................................................

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

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

8.3.5 Name ..................................................

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

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

8.4

Other persons having an effective control

8.4.1 Name ..................................................

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

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

8.4.2 Name ..................................................

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

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

9. 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 Community

Officers Agency.

9.1

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

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

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

No person shall be qualified to be licensed as a community

officer in accordance with the provisions of the Act unless such

person has attained the age of eighteen years and satisfies the

Com missio ner t hat he has obtaine d a s tandard of education

equivalent to a school leaving certificate of either a secondary

school or a trade school

Provided that this provision shall not apply to persons who

have completed a period of service of at least twenty-five years

with the Police or armed forces or the prison services

Provided further that the equivalence to a school leaving

certificate as aforesaid shall not be required in the case of any

person who satisfies the Commissioner that he has successfully

completed an approved training course as specified in regulation 4,

which training course was commenced prior to the 1st December,

1999

Provided further that in the case of a person who is thirty

years and over, a standard of eduation equivalent to a school

leaving certificate of either a secondary school or a trade school

shall not be required of him if he has successfully completed an

approved training course conducted by the Employment Training

Agency or an authorised person or agency as provided for in

regulation 5.

COMMUNITY OFFICERS

(Regulation 7(1))

Private Guards and Community Officers Act

Application for a licence of a Community Officer in terms of articles 6 and 17

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 .................................................

Any person applying for a licence to act as a community

officer 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 armed forces

or the prison services, in Malta or abroad.

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

purposes of art icle 23 of the Act s hall ma ke an appli cation

therefore to the Minister.

(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 Minister may require.

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

the Minister 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 Minister 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 Minister 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

COMMUNITY OFFICERS

person seeking to be licensed as a community officer 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 community officers

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 community officers 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 community officer

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.

(1) An application for a licence of a community officer

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

Schedule.

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

licence of a community officer an application fee of twenty-three

euro and twenty-nine cents (23.29) on application.

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

w it h a c om m u ni t y off i ce rs age ncy fo r t he pur pos e o f s uc h

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 one hundred and sixteen thousand and four

hundred and sixty-eight euro and sixty-seven cents

(116,468.67); such amount shall be net of any excess

COMMUNITY OFFICERS

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 community

officer 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) The Commissioner shall issue an identity card to every

person licensed as a community officer. 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 community officer 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 community officer shall, while

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

Fee

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

List of Documents

Applicants are to list the documents attached to this application.

1.

2.

3.

4.

5.

6.

7.

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.

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

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

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