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.

Annotations:

Editorial Notes:

E28

A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(2) and table ref. no. 1, S.I. No. 662 of 2010.