Private Security Services Act 2004

SCHEDULE 2

Private Security Appeal Board

PART 1

General

Membership

1.—The Appeal Board shall consist of a chairperson and such and so many other members as the Minister, with the consent of the Minister for Finance, considers necessary from time to time for the expeditious discharge of its functions.

Appointment

2.—The chairperson and other members of the Appeal Board shall be appointed by the Government and, subject to this Schedule, shall hold office on such terms and conditions as the Government may determine.

Chairperson

3.—(1) ( a) The chairperson shall be a practising barrister, or a practising solicitor, of not less than 7 years' standing.

( b) A chairperson who ceases to be such a barrister or solicitor during his or her term of office as chairperson shall thereupon cease to be chairperson and a member of the Appeal Board.

(2) It shall be the function of the chairperson to ensure the effective performance by the Appeal Board of its functions.

(3) The chairperson, if of opinion that the conduct of a member has been such as to bring the Appeal Board into disrepute or has been otherwise prejudicial to the effective performance of the Appeal Board's functions, may—

( a) require the member to attend for interview and, on the member so attending, inform the member privately of that opinion, or

( b) otherwise investigate the matter,

and report to the Minister the outcome of the interview or investigation if the chairperson considers it appropriate to do so.

Term of office

4.—(1) Subject to this paragraph—

( a) the chairperson shall hold office for a period of 4 years, and

( b) any other member of the Board shall hold office for such period, not exceeding 4 years, as shall be specified by the Government when appointing the member,

and may in each case be reappointed by the Government for a second or subsequent term of office.

(2) A member may resign from the Appeal Board by letter addressed to the Secretary General to the Government, and the resignation shall take effect on the date of receipt of the letter.

(3) A member shall, unless he or she sooner dies, resigns or otherwise ceases to be a member, hold office as such member until the expiration of his or her term of office.

(4) A member shall vacate office on attaining the age of 70 years.

(5) Where a member—

( a) accepts nomination as a member of Seanad Éireann,

( b) is nominated as a candidate for election as a member of either House of the Oireachtas or to be a representative in the European Parliament, or

( c) is regarded, under Part XIII of the Second Schedule to the European Parliament Elections Act 1997 , as having been elected to that Parliament,

he or she shall thereupon cease to be a member of the Appeal Board.

(6) The Government may for stated reasons at any time remove a member from office for misbehaviour or where it considers that—

( a) the member has become incapable through ill health of effectively performing his or her functions as a member, or

( b) the member's removal is necessary for the effective performance by the Appeal Board of its functions.

(7) A member shall cease to be a member on—

( a) being adjudicated bankrupt,

( b) making a composition or arrangement with creditors,

( c) being sentenced to imprisonment on conviction on indictment, or

( d) ceasing to be ordinarily resident in the State.

Remuneration, etc. of members

5.—Members of the Appeal Board shall be paid such remuneration (if any) and allowances for expenses as the Minister, with the consent of the Minister for Finance, may determine.

Procedure of Board

6.—(1) The Appeal Board shall hold such and so many meetings as may be necessary for the effective performance of its functions.

(2) At a meeting of the Appeal Board—

( a) the quorum shall be 3,

( b) the chairperson shall, if present, be chairperson of the meeting,

( c) if and so long as the chairperson is not present or the office of chairperson is vacant, the members present shall appoint one of their number to be chairperson of the meeting,

( d) each member present shall have one vote,

( e) every question shall be determined by a majority of the votes of the members present and voting on the question, and

( f) if there is an equal division of votes, the chairperson of the meeting shall have a second or casting vote.

(3) Subject to this Act and regulations thereunder, the Appeal Board may regulate its own procedure.

(4) Subject to subparagraphs (5) and (6), the Appeal Board may perform any of its functions through or by the chairperson or any other member or other person who has been duly authorised by the Appeal Board in that behalf.

(5) A member of the Appeal Board may finally determine a particular case only if it has been considered at a meeting of the Board before the relevant authorisation is given.

(6) The Appeal Board may not authorise a person who is not a member to determine finally a particular case.

(7) A decision of the Appeal Board on an appeal may be by a majority of its members.

Vacancies in membership

7.—(1) Subject to paragraph 6(2)(a), the Appeal Board may act notwithstanding a vacancy or vacancies in its membership.

(2) Where a vacancy occurs, the Minister shall take steps to fill the vacancy as soon as practicable.

Secretary of Board

8.—An officer of the Minister who is an established civil servant for the purposes of the Civil Service Regulation Acts 1956 to 1996 and who is seconded to the Appeal Board on a whole-time or part-time basis shall act as its secretary.

Non-disclosure of information

9.—(1) Save as otherwise provided by law, a person shall not, without the consent of the Appeal Board, disclose information obtained by the person in his or her capacity as a member or the secretary of the Appeal Board.

(2) A person who contravenes subparagraph (1) is guilty of an offence and liable on summary conviction to a fine not exceeding €2,000.

Prohibition of improper influence

10.—(1) A person who communicates with a member or the secretary of the Appeal Board for the purpose of influencing improperly either consideration by it of an appeal or any decision of the Appeal Board in relation to an appeal is guilty of an offence and liable on summary conviction to a fine not exceeding €2,000.

(2) If the member or secretary is of opinion that any communication is in contravention of subparagraph (1), he or she shall not entertain it further and shall immediately inform the Appeal Board in writing of its substance, and the Appeal Board shall acknowledge in writing the receipt of such information.

Reports to Minister

11.— Section 16 shall apply, with the necessary modifications, in relation to the Appeal Board as it applies to the Authority.

Disclosure of Interests

12.— Section 17 shall apply, with the necessary modifications, in relation to a member and the secretary of the Appeal Board as it applies in relation to a member of the Authority.

PART 2

Appeals

General

13.—The Appeal Board shall, as far as practicable, ensure that appeals are dealt with and determined expeditiously.

Notice of appeal

14.—(1) F21 [ An applicant for a licence or the holder of a licence aggrieved by a decision of the Authority ]

( a) refusing to grant a licence or renewal of a licence,

( b) suspending or revoking a licence,

( c) issuing a reprimand, warning or caution or an advice,

( d) refusing a variation in the kind or kinds of security services F21 [ to which a licence relates, ]

( e) F22 [ ]

may, within one month after the date of receipt of notification of the decision, appeal to the Appeal Board against it by serving on the Appeal Board a notice of appeal which complies with paragraph 15(1) .

(2) The notice of appeal may be served—

( a) by sending it by registered post to the Appeal Board,

( b) by leaving it during normal office hours at the office of the Appeal Board with a person who is apparently its employee, or

( c) by such other means as may be prescribed.

(3) The Appeal Board shall not consider an appeal if the relevant notice of appeal is received by it later than the expiration of the period of one month referred to in subparagraph (1) or if or so long as the notice does not comply with the requirements of paragraph 15(1) .

F23 [ (4) An appeal shall be grounded on the record of the decision to which the appeal relates, on the grounds of appeal contained in the notice of appeal and on any observations of the Authority given at the request of the Appeal Board on any other matter arising on the decision. ]

(5) The appeal, if not withdrawn, shall be determined by the Board—

( a) by affirming the decision of the Authority to which the appeal relates, or

F24 [ ( b ) by remitting the matter back to the Authority with a recommendation that

(i) the licence be granted, renewed or restored, as the case may be,

(ii) that the reprimand, warning, caution or an advice be withdrawn, or

(iii) that the variation sought be granted,

and the Authority shall give effect to any such recommendation. ]

(6) The Authority shall be a party to an appeal.

(7) The Appeal Board shall serve notice of its determination on each party to the appeal.

Notice of appeal requirements

15.—(1) The notice of appeal shall be in writing and state—

( a) the name and address of the appellant,

( b) the subject matter of the appeal,

( c) the appellant's interest in its outcome,

( d) the grounds of the appeal F24 [ and the reasons on which they are based, ]

and shall be accompanied by such fee, if any, as may be specified by the Appeal Board and by such documents relating to the appeal as the appellant considers necessary or appropriate.

(2) The requirement under subparagraph (1)(d) shall apply whether or not the appellant requests, or proposes to request in accordance with paragraph 21(2), an oral hearing of the appeal.

(3) Unless requested to do so by the Appeal Board, an appellant shall not be entitled to elaborate in writing on, or make further submissions in writing in relation to, the grounds of appeal stated in the notice of appeal or to submit further grounds of appeal, and any such elaboration, submissions or further grounds received by the Appeal Board shall not be considered by it.

F24 [ (4) The Appeal Board shall not consider any documents submitted by an appellant in relation to an appeal other than those which accompanied the notice of appeal or which were furnished by the appellant in response to a request by the Appeal Board. ]

Documents to be supplied to Appeal Board by Authority

16.—(1) The Appeal Board shall, as soon as practicable after receiving a notice of appeal, send a copy of the notice to the Authority by post.

(2) The Authority shall, within 14 days after receiving the copy of the notice, submit to the Appeal Board a copy of—

( a) the application for the licence, or renewal of the licence, concerned and any other information received or obtained from the applicant in that regard,

( b) F24 [ any report prepared for or received by the Authority ] or other relevant documents or information in its possession in relation to its dealing with the matter which is the subject of the appeal,

( c) the record of the decision of the Authority which is the subject of the appeal, and

( d) the notification of the decision to the applicant.

Submissions by Authority on appeal

17.—(1) The Authority may make submissions or observations in writing to the Appeal Board in relation to the appeal within one month after receiving the copy of the notice of appeal from the Appeal Board, and any such submissions or observations received by the Appeal Board after the expiration of that period shall not be considered by it.

(2) Where no submissions or observations have been received within the period referred to in subparagraph (1), the Appeal Board may, without further notice to the Authority, determine the appeal.

(3) Unless requested to do so by the Appeal Board, the Authority shall not be entitled to elaborate in writing on any submissions or observations made in accordance with subparagraph (1) or make any further submissions or observations in writing in relation to the appeal, and any such elaboration or further submissions or observations shall not be considered by the Appeal Board.

Appeals against decisions on complaints under section 39

18.— F25 [ ]

Submissions by person not party to appeal

19.— F26 [ (1) A person who is not a party to an appeal may make a submission or observations in writing to the Appeal Board in relation to the appeal where invited by the Appeal Board to do so. ]

F26 [ (2) Such submission or observations may be made within one month of the issue of the invitation to do so by the Appeal Board and any such submission or observations received by the Appeal Board after the expiration of that period shall not be considered by it. ]

(3) Unless requested to do so by the Appeal Board, the person making such submissions or observations shall not be entitled to elaborate in writing on them or to make further submissions or observations in writing in relation to the appeal, and any such elaboration or further submissions or observations shall not be considered by the Appeal Board.

Further information required by Appeal Board

20.— F27 [ ]

Hearing of appeal

21.— F28 [ (1) Sittings of the Appeal Board shall normally be heard in private and shall be conducted with the minimum formality consistent with the carrying out by the Appeal Board of its functions. ]

(2) Subject to subparagraphs (3) and (4), the Appeal Board, F29 [ ] at the request of a party, may in its absolute discretion conduct an oral hearing of an appeal.

F30 [ (3) The Appeal Board in conducting an oral hearing may by notice in writing require any person to attend at such time and place as is specified in the notice to give evidence in relation to any matter in issue at the hearing or to produce any relevant documents in his or her possession or under his or her control. ]

(4) A person referred to in F30 [ subparagraph (3) ] shall be entitled to the same immunities and privileges as if he or she were a witness before a court.

(5) An oral hearing may be conducted on behalf of the Appeal Board by one or more than one of its members.

(6) A request by a party for an oral hearing—

( a) shall be made in writing to the Appeal Board,

( b) subject to clause (c), shall be made within the period of one month referred to in paragraph 14(1),

F30 [ ( c ) where the request is by the Authority, shall be made within the period of one month referred to in paragraph 17(1) . ]

(7) The Appeal Board shall not consider a request for an oral hearing made later than the expiry of the relevant period referred to in subparagraph (6).

(8) Where the Appeal Board is requested to conduct an oral hearing and decides to determine the appeal without such a hearing, it shall serve notice of its decision on each party to the appeal and on any person who, in accordance with paragraph 20, made submissions or observations to the Board in relation to it.

Expenses of persons attending before Appeal Board

22.—The reasonable travelling and subsistence expenses of any person attending before the Appeal Board in accordance with F31 [ paragraph 21(3) ] shall be paid out of moneys provided by the Oireachtas.

Dismissal of frivolous, etc. appeals

23.—The Appeal Board shall dismiss any appeal which in its opinion is frivolous, vexatious or without substance or foundation.

Withdrawal of appeal

24.—An appellant may withdraw an appeal by notice in writing to the Appeal Board at any time before the appeal is determined.

Delayed or abandoned appeals

25.—(1) Where the Appeal Board is of opinion—

( a) that proceedings on an appeal have been unnecessarily delayed by the conduct of the appellant, or

( b) that an application for a licence, or the renewal of a licence, to which the appeal relates has been abandoned,

it may serve on the appellant a notice stating that it is of that opinion and requiring the appellant, within a period specified in the notice (being not less than 14 or more than 28 days after the date of service of the notice) to make a submission in writing to it as to why the appeal should not be treated as having been withdrawn.

(2) At any time after the expiration of the period specified in a notice which has been served under subparagraph (1), the Appeal Board may, after considering any submissions made to it pursuant to that subparagraph—

( a) declare that the appeal and, where appropriate, the application is to be treated as having been withdrawn, or

( b) determine the appeal.

(3) Where under subparagraph (2)(a) the Appeal Board declares that an appeal or application is to be treated as having been withdrawn, then as the case may be—

( a) the appeal is deemed to have been withdrawn and accordingly shall not be determined by the Appeal Board, or

( b) notwithstanding any previous decision relating to the application, a licence shall not be granted or renewed as a result of it.

Date of receipt of certain notices, etc.

26.—Appeals, notices of appeal, submissions, observations, requests, documents or information, which are required by or under this Act to be made or submitted to the Appeal Board within a specified period shall, if its offices are closed on the last day of the period, be regarded as having been received before the expiration of the period if received by it on the next following day on which its offices are open.

Annotations:

Amendments:

F21

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 16(a)(i), (ii), commenced on enactment.

F22

Deleted (2.08.2011) by C ivil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 16(a)(iii), commenced on enactment.

F23

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 16(b), commenced on enactment.

F24

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 16(c)-(f), commenced on enactment.

F25

Deleted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 16(g), commenced on enactment.

F26

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 16(h), commenced on enactment.

F27

Deleted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 16(i), commenced on enactment.

F28

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 16(j)(i), commenced on enactment.

F29

Deleted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 16(j)(ii), commenced on enactment.

F30

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 16(j)(iii)-(v), commenced on enactment.

F31

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 16(k), commenced on enactment.

Modifications (not altering text):

C7

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 12 of 2004

Private Security Services Act 2004

Sections 7(8) and 8(3); Schedule 1, paragraphs 1 and 9; Schedule 2, paragraphs 1 and 5

...

...

...