Private Security Services Act 2004

Prior notification by relevant person of conviction or criminal proceedings.

44

44.—(1) A relevant person who has been convicted of an offence (other than a prescribed offence), or against whom proceedings for such an offence are pending, under the law of the State or another state shall, before providing a security service in the State, notify the Authority in the prescribed manner of the conviction or proceedings and supply the Authority with prescribed particulars thereof.

(2) Subject to section 27 , on receiving the notification or becoming otherwise aware of the conviction or proceedings the Authority may, if in its opinion the relevant person is not a fit and proper person to provide a security service in the State, prohibit the person from providing such a security service or so prohibit the person for a specified period.

(3) A relevant person who contravenes subsection (1) or who provides a security service in contravention of a prohibition under subsection (2) is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.

(4) A person shall not be convicted of an offence under this section if the court is satisfied that, in the case of a person who has been convicted of an offence, or against whom proceedings for an offence are pending, in a place other than the State, the offence does not correspond with any offence under the law of the State.

(5) This section is without prejudice to section 36 , as modified by paragraph 9 of Schedule 3.