Private Security Services Act 2004


Number 12 of 2004


PRIVATE SECURITY SERVICES ACT 2004

REVISED

Updated to 1 September 2018


This Revised Act is an administrative consolidation of the Private Security Services Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Companies (Statutory Audits) Act 2018 (22/2018), enacted 25 July 2018, and all statutory instruments up to and including Private Security (Licensing and Standards) (Cash In Transit) (Amendment) Regulations 2018 (S.I. No. 322 of 2018), made 31 July 2018, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 12 of 2004


PRIVATE SECURITY SERVICES ACT 2004

REVISED

Updated to 1 September 2018


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Private Security Services Acts 2004 and 2011 : this Act is one of a group of Acts included in this collective citation ( Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 1(2)). The Acts in this group are:

Private Security Services Act 2004 (12/2004)

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), part 4

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1984, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Public Service Management (Recruitment and Appointments) Act 2004 (33/2004)

All Acts up to and including Companies (Statutory Audits) Act 2018 (22/2018), enacted 25 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Private Security (Licensing and Standards) (Cash In Transit) (Amendment) Regulations 2018 (S.I. No. 322 of 2018)

Private Security Services Act 2004 (Commencement) Order 2018 (S.I. No. 56 of 2018)

Private Security (Licensing and Training) (Security Guard (Monitoring Centre)) Regulations 2018 (S.I. No. 54 of 2018)

Private Security (Licensing and Training) (Provider of Protected Forms of Transport) (Cash-in-Transit) Regulations 2016 (S.I. No. 631 of 2016)

Private Security Services Act 2004 (Commencement) Order 2016 (S.I. No. 344 of 2016)

Private Security (Licensing and Standards) (Locksmith) Regulations 2016 (S.I. No. 343 of 2016)

Private Security (Licence Fees) Regulations 2015 (S.I. No. 362 of 2015)

Private Security (Licensing and Standards) (Private Investigator) Regulations 2015 (S.I. No. 195 of 2015)

Private Security Services Act 2004 (Commencement) Order 2015 (S.I. No. 194 of 2015)

Private Security (Refund of Fees) Regulations 2015 (S.I. No. 67 of 2015)

Private Security (Licensing and Standards) (Cash In Transit) (Amendment) Regulations 2014 (S.I. No. 537 of 2014)

Private Security Services Act 2004 (Commencement) Order 2014 (S.I. No. 303 of 2014)

Private Security (Licensing and Standards) (Event Security) Regulations 2014 (S.I. No. 302 of 2014)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2014 (S.I. No. 268 of 2014)

Private Security Services Act 2004 (Commencement) Order 2014 (S.I. No. 191 of 2014)

Private Security (Licensing and Standards) (Security Guard Monitoring) Regulations 2014 (S.I. No. 190 of 2014)

Private Security (Licence Fees) Regulations 2013 (S.I. No. 293 of 2013)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2013 (S.I. No. 135 of 2013)

Private Security (Licensing and Training) (Provider of Protected Forms of Transport) (Cash-in-Transit) Regulations 2012 (S.I. No. 484 of 2012)

Private Security (Miscellaneous Provisions) Regulations 2012 (S.I. No. 147 of 2012)

Private Security Services Act 2004 (Commencement) Order 2012 (S.I. No. 145 of 2012)

Private Security (Licensing and Standards) Regulations 2012 (S.I. No. 144 of 2012)

Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Private Security (Duplicate Licence and Identity Card Fee) Regulations 2011 (S.I. No. 152 of 2011)

Private Security (Licensing and Standards) (Amendment) Regulations 2009 (S.I. No. 419 of 2009)

Private Security (Identity Badge) Regulations 2009 (S.I. No. 332 of 2009)

Occupational Pension Schemes (Preservation of Benefits) (Amendment) Regulations 2009 (S.I. No. 70 of 2009)

Private Security Services Act 2004 (Commencement) Order 2008 (S.I. No. 497 of 2008)

Occupational Pension Schemes (Funding Standard) (Amendment) Regulations 2008 (S.I. No. 295 of 2008)

Private Security (Licensing Applications) Regulations 2008 (S.I. No. 19 of 2008)

Private Security (Exemption) Order 2007 (S.I. No. 873 of 2007)

Private Security (Licence Fees) (Amendment) Regulations 2007 (S.I. No. 858 of 2007)

Private Security (Licensing and Standards) (Cash in Transit) Regulations 2007 (S.I. No. 857 of 2007)

Private Security (Licensing Applications) Regulations 2007 (S.I. No. 856 of 2007)

Private Security Services Act 2004 (Commencement) (Section 37) (Part) Order 2007 (S.I. No. 306 of 2007)

Private Security (License Fees) (Amendment) Regulations 2006 (S.I. No. 704 of 2006)

Private Security (Licence Fees) Regulations 2006 (S.I. No. 470 of 2006)

Private Security (Licensing Applications) Regulations 2006 (S.I. No. 469 of 2006)

Private Security (Licensing and Qualifications) Regulations 2006 (S.I. No. 468 of 2006)

Private Security Services Act 2004 (Section 37 (Part)) (Commencement) (No.2) Order 2006 (S.I. No. 436 of 2006)

Private Security (Complaints Procedures) Regulations 2006 (S.I. No. 153 of 2006)

Private Security (Forms, Surrender of Licence and Offence Notification) Regulations 2006 (S.I. No. 152 of 2006)

Private Security Services Act 2004 (Commencement) (Sections 29 to 33, 35 and 37 (Part)) Order 2006 (S.I. No. 151 of 2006)

Private Security (Licensing Applications) Regulations 2005 (S.I. No. 836 of 2005)

Private Security (Licence Fees) Regulations 2005 (S.I. No. 835 of 2005)

Private Security (Licensing and Standards) Regulations 2005 (S.I. No. 834 of 2005)

Private Security Services Act 2004 (Commencement) Order 2005 (S.I. No. 637 of 2005)

Private Security Services Act 2004 (Commencement) Order 2004 (S.I. No. 685 of 2004)

All statutory instruments up to and including Private Security (Licensing and Standards) (Cash In Transit) (Amendment) Regulations 2018 (S.I. No. 322 of 2018), made 31 July 2018, were considered in the preparation of this revision.


Number 12 of 2004


PRIVATE SECURITY SERVICES ACT 2004

REVISED

Updated to 1 September 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

 

1.

Short title and commencement.

2.

Interpretation.

3.

Exemptions.

4.

Laying of orders and regulations before Houses of Oireachtas.

5.

Expenses of Minister.

PART 2

Private Security Authority

6.

Private Security Authority.

7.

Membership.

8.

Functions.

9.

Strategic plans.

10.

Chief Executive.

11.

Staff.

12.

Superannuation.

13.

Investigations by Authority.

14.

Inspectors.

15.

Power of entry and inspection.

16.

Reports to Minister.

17.

Disclosure of interests.

18.

Non-disclosure of information.

19.

Grants to Authority.

20.

Membership, etc., of Dáil, Seanad or European Parliament.

PART 3

Licences to provide Security Services

21.

Application for licence.

22.

Grant or refusal of licence.

23.

Renewal of licence.

24.

Tax clearance.

25.

Documents to accompany certain applications.

26.

Refusal to renew, suspension, etc., of licence.

27.

Notification to applicant of refusal, etc.

27A.

Temporary licence.

28.

Variation of licensed security service.

29.

Identity cards.

30.

Identity badges.

31.

Issue of duplicate licence or identity card.

32.

Surrender of licence.

33.

Register of licensees.

34.

Provision of information by Garda Síochána.

35.

Production or display of licence.

36.

Notification of conviction of offence.

37.

Prohibition of unlicensed security service.

38.

Prohibition of employment of unlicensed person.

PART 4

Complaints against Licensees

39.

Investigation of complaints.

PART 5

Appeals against Decisions of Authority

40.

Private Security Appeal Board.

41.

Appeal to High Court on question of law.

PART 6

Security Services provided by Certain Persons from EU Member States

42.

Interpretation.

43.

Application of Act to relevant persons.

44.

Prior notification by relevant person of conviction or criminal proceedings.

45.

Prohibition of relevant person from providing security service.

46.

Relations with corresponding authorities.

47.

Effect of revocation or suspension of relevant person's licence or other authorisation.

PART 7

Miscellaneous

48.

Offences.

49.

Receipt of notification or notice.

50.

Taking effect of decision of Authority.

51.

Regulations.

52.

Transitional provision.

SCHEDULE 1

Private Security Authority

SCHEDULE 2

Private Security Appeal Board

PART 1

General

PART 2

Appeals

SCHEDULE 3

Modifications of Act in its application to Relevant Persons

Acts Referred to

Air Navigation and Transport Acts 1936 to 1998

Civil Service Commissioners Act 1956

1956, No. 46

Civil Service Regulation Acts 1956 to 1996

Companies Act 1963

1963, No. 33

Companies Acts 1963 to 2003

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

European Parliament Elections Act 1997

1997, No. 2

Finance Act 2002

2002 No. 5

Harbours Act 1996

1996 No. 11

Public Offices Fees Act 1879

1879, c. 58

Registration of Business Names Act 1963

1963, No. 30

Taxes Consolidation Act 1997

1997, No. 39


Number 12 of 2004


PRIVATE SECURITY SERVICES ACT 2004

REVISED

Updated to 1 September 2018


AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY, TO BE KNOWN AS THE PRIVATE SECURITY AUTHORITY, OR IN THE IRISH LANGUAGE AN tÚDARÁS SLÁNDÁLA PRÍOBHÁIDÍ, TO CONTROL AND SUPERVISE INDIVIDUALS AND FIRMS PROVIDING PRIVATE SECURITY SERVICES AND TO INVESTIGATE AND ADJUDICATE ON ANY COMPLAINTS AGAINST THEM; FOR THE ESTABLISHMENT OF A BODY, TO BE KNOWN AS THE PRIVATE SECURITY APPEAL BOARD, OR IN THE IRISH LANGUAGE AN BORD ACHOMHAIRC UM SHLÁNDÁIL PHRÍOBHÁI~ DEACH, TO HEAR AND DETERMINE APPEALS AGAINST DECISIONS OF THAT AUTHORITY; AND FOR RELATED MATTERS. [4 th May, 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: