Private Security Services Act 2004

Prohibition of unlicensed security service.

37

37.—(1) F17 [ A person shall not provide a security service insofar as this Act has come into operation as respects the security service concerned and shall not hold himself or herself out ] or represent himself or herself by—

( a) advertisement,

( b) displaying any shield, card or other object purporting to indicate that he or she is a licensee, or

( c) otherwise,

as available to provide such a service unless the individual is the holder of a licence under this Act authorising him or her to provide that particular service.

(2) Subsection (1) applies, with the necessary modifications, in relation to a body corporate and an unincorporated body of persons as it applies in relation to an individual.

(3) A person who contravenes subsection (1) is guilty of an offence and liable—

( a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

( b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 5 years or both.

Annotations:

Amendments:

F17

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 13, commenced on enactment.

Modifications (not altering text):

C4

Application of subs. (1) restricted (21.09.2007) by Private Security (Exemption) Order 2007 (S.I. No. 837 of 2007), art. 3-5.

3. Subject to paragraph 4, a person (not being the holder of an installer (intruder alarm) licence) is exempt from section 37 (1) of the Private Security Services Act 2004 while performing the functions of an installer (intruder alarm) at a specified place or places for the purpose of establishing whether a certificate should be issued to the person.

4. Paragraph 3 does not apply unless the Authority has confirmed in writing that the person mentioned in that paragraph has complied with the requirements of paragraph 5.

5. Such a person must—

(a) apply to the Authority for an installer (intruder alarm) licence,

(b) give the Authority such information as it requires in respect of the application,

(c) apply to a certification body for a certificate,

(d) communicate in writing to the Authority—

(i) the name of the certification body,

(ii) the date of the application for a certificate,

(iii) the place or places where the person proposes to provide the security services concerned, and

(iv) the person for whom, and the date and times at which, those services are proposed to be provided,

and

(e) not be a person whose application for an installer (intruder alarm) licence would be refused by virtue of section 22(3) of the Act.