Private Security Services Act 2004

Regulations.

51

51.—(1) The Minister may by regulations make such incidental or consequential provision as he or she considers necessary or expedient for the purposes of giving this Act full effect.

(2) The Authority, with the consent of the Minister, may by regulations provide for any matter referred to in this Act as prescribed and for—

(a) the categories of licences which may be issued by the Authority,

(b) the procedures governing—

(i) the grant and renewal of licences (including time limits in respect thereof),

(ii) the surrender of licences and identity cards, and

(iii) the processing of complaints under section 39,

(c) the form of licences and identity cards,

(d) the standards to be observed in the provision of security services by licensees or particular categories of licensees,

(e) the qualifications for licences,

(f) the records to be kept and the information and returns to be furnished by licensees, and

F27[(g) the fees to be charged by the Authority in respect of applications for licences and other services provided by the Authority.]

F28[(2A) In making regulations pursuant to subsection (2)(g) the Authority may

(a) prescribe different fees in respect of different circumstances or classes of circumstances, or in relation to different classes of licences and in relation to different classes of cases,

(b) provide for the waiving, remitting or refunding of fees (in whole or in part) in different circumstances or classes of circumstances or in relation to different classes of licences and in relation to different classes of cases,

(c) provide for exemption from payment of fees in circumstances specified in the regulations.

(2B) In making regulations pursuant to subsection (2)(g) the Authority may have regard to

(a) the expenses incurred by the Authority, or

(b) the expenses which it is anticipated will be incurred by the Authority,

in performing its functions under this Act, so that so much of those expenses as the Authority considers appropriate are recovered from fees to be charged pursuant to such regulations.]

(3) The Authority shall submit a draft of any proposed regulations to the Minister for his or her consideration.

Annotations

Amendments:

F27

Substituted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 15(a), commenced on enactment.

F28

Inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 15(b), commenced on enactment.

Editorial Notes:

E31

Power pursuant to section exercised (8.05.2024) by Private Security (Licence Fee) (Amendment) Regulations 2024 (S.I. No. 206 of 2024), in effect as per reg. 2.

E32

Power pursuant to section exercised (8.05.2024) by Private Security (Licensing and Qualifications) (Amendment) Regulations 2024 (S.I. No. 204 of 2024), in effect as per reg. 2.

E33

Power pursuant to section exercised (30.03.2023) by Private Security (Licensing and Standards) Regulations 2023 (S.I. No. 140 of 2023), in effect as per reg. 2.

E34

Power pursuant to section exercised (1.11.2022) by Private Security (Licensing and Qualifications) Regulations 2022 (S.I. No. 574 of 2022), in effect as per reg. 2.

E35

Power pursuant to section exercised (1.11.2022) by Private Security (Security Guard Temporary Licence) Regulations 2022 (S.I. No. 573 of 2022), in effect as per reg. 2.

E36

Power pursuant to section exercised (1.09.2018) by Private Security (Licensing and Standards) (Cash In Transit) (Amendment) Regulations 2018 (S.I. No. 322 of 2018), in effect as per reg. 2.

E37

Power pursuant to section exercised (1.06.2018) by Private Security (Licensing and Training) (Security Guard (Monitoring Centre)) Regulations 2018 (S.I. No. 54 of 2018), in effect as per reg. 2.

E38

Power pursuant to section exercised (1.04.2017) by Private Security (Licensing and Training) (Provider of Protected Forms of Transport) (Cash-in-Transit) Regulations 2016 (S.I. No. 631 of 2016), in effect as per reg. 2.

E39

Power pursuant to section exercised (1.12.2015) by Private Security (Licence Fees) Regulations 2015 (S.I. No. 362 of 2015), in effect as per reg. 2.

E40

Power pursuant to section exercised (1.03.2015) by Private Security (Refund of Fees) Regulations 2015 (S.I. No. 67 of 2015), in effect as per reg. 2.

E41

Power pursuant to section exercised (1.12.2014) by Private Security (Licensing and Standards) (Cash In Transit) (Amendment) Regulations 2014 (S.I. No. 537 of 2014), in effect as per reg. 2.

E42

Power pursuant to section exercised (1.01.2013) by Private Security (Licence Fees) Regulations 2013 (S.I. No. 293 of 2013), in effect as per reg. 2.

E43

Power pursuant to section exercised (10.05.2012) by Private Security (Miscellaneous Provisions) Regulations 2012 (S.I. No. 147 of 2012), in effect as per reg. 2.

E44

Power pursuant to section exercised (1.05.2011) by Private Security (Duplicate Licence and Identity Card Fee) Regulations 2011 (S.I. No. 152 of 2011), in effect as per reg. 2.

E45

Power pursuant to section exercised (21.12.2007) by Private Security (Licensing and Standards) (Cash in Transit) Regulations 2007 (S.I. No. 857 of 2007), in effect as per reg. 2.

E46

Power pursuant to section exercised (29.03.2006) by Private Security (Complaints Procedures) Regulations 2006 (S.I. No. 153 of 2006), in effect as per reg. 2.

E47

Previous affecting provision: power pursuant to section exercised (8.06.2022) by Private Security (Licensing and Standards) (Amendment) Regulations 2022 (S.I. No. 299 of 2022), in effect as per reg. 2; revoked (31.03.2023) by Private Security (Licensing and Standards) Regulations 2023 (S.I. No. 140 of 2023), reg. 7(f), in effect as per reg. 2.

E48

Previous affecting provision: power pursuant to section exercised (1.10.2016) by Private Security (Licensing and Standards) (Locksmith) Regulations 2016 (S.I. No. 343 of 2016), in effect as per reg. 2; revoked (31.03.2023) by Private Security (Licensing and Standards) Regulations 2023 (S.I. No. 140 of 2023), reg. 7(e), in effect as per reg. 2.

E49

Previous affecting provision: power pursuant to section exercised (1.11.2015) by Private Security (Licensing and Standards) (Private Investigator) Regulations 2015 (S.I. No. 195 of 2015), in effect as per reg. 2; revoked (31.03.2023) by Private Security (Licensing and Standards) Regulations 2023 (S.I. No. 140 of 2023), reg. 7(d), in effect as per reg. 2.

E50

Previous affecting provision: power pursuant to section exercised (1.11.2014) by Private Security (Licensing and Standards) (Event Security) Regulations 2014 (S.I. No. 302 of 2014), in effect as per reg. 2; revoked (31.03.2023) by Private Security (Licensing and Standards) Regulations 2023 (S.I. No. 140 of 2023), reg. 7(c), in effect as per reg. 2.

E51

Previous affecting provision: power pursuant to section exercised (1.05.2014) by Private Security (Licensing and Standards) (Security Guard Monitoring) Regulations 2014 (S.I. No. 190 of 2014), in effect as per reg. 2; revoked (31.03.2023) by Private Security (Licensing and Standards) Regulations 2023 (S.I. No. 140 of 2023), reg. 7(b), in effect as per reg. 2.

E52

Previous affecting provision: power pursuant to section exercised (1.01.2013) by Private Security (Licensing and Training) (Provider of Protected Forms of Transport) (Cash-in-Transit) Regulations 2012 (S.I. No. 484 of 2012), in effect as per reg. 2; revoked (1.04.2017) by Private Security (Licensing and Training) (Provider of Protected Forms of Transport) (Cash-in-Transit) Regulations 2016 (S.I. No. 631 of 2016), reg. 6, in effect as per reg. 2.

E53

Previous affecting provision: power pursuant to section exercised (10.05.2012) by Private Security (Licensing and Standards) Regulations 2012 (S.I. No. 144 of 2012), in effect as per reg. 2; revoked (31.03.2023) by Private Security (Licensing and Standards) Regulations 2023 (S.I. No. 140 of 2023), reg. 7(a), in effect as per reg. 2.

E54

Previous affecting provision: power pursuant to section exercised (15.10.2009) by Private Security (Licensing and Standards) (Amendment) Regulations 2009 (S.I. No. 419 of 2009), in effect as per reg. 2; revoked (10.05.2012) by Private Security (Licensing and Standards) Regulations 2012 (S.I. No. 144 of 2012), reg. 7(c), in effect as per reg. 2.

E55

Power pursuant to section exercised (25.01.2008) by Private Security (Licensing Applications) Regulations 2008 (S.I. No. 19 of 2008), in effect as per reg. 2; revoked (10.05.2012) by Private Security (Miscellaneous Provisions) Regulations 2012 (S.I. No. 147 of 2012), reg. 12(c), in effect as per reg. 2.

E56

Previous affecting provision: power pursuant to section exercised (21.12.2007) by Private Security (Licence Fees) (Amendment) Regulations 2007 (S.I. No. 858 of 2007), in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 835 of 2005, which this SI amended, (1.01.2013) by Private Security (Licence Fees) Regulations 2013 (S.I. No. 293 of 2013, reg. 7, in effect as per reg. 2.

E57

Power pursuant to section exercised (21.12.2007) by Private Security (Licensing Applications) Regulations 2007 (S.I. No. 856 of 2007) in effect as per reg. 2; revoked (25.01.2008) by Private Security (Licensing Applications) Regulations 2008 (S.I. No. 19 of 2008), reg. 3, in effect as per reg. 2.

E58

Previous affecting provision: power pursuant to section exercised (22.12.2006) by Private Security (License Fees) (Amendment) Regulations 2006 (S.I. No. 704 of 2006); in effect as per reg. 2; rendered obsolete by revocation of S.I. No. 470 of 2006, which this SI amended, (1.12.2015) by Private Security (Licence Fees) Regulations 2015 (S.I. No. 362 of 2015), reg. 7, in effect as per reg. 2.

E59

Previous affecting provision: power pursuant to section exercised (1.09.2006) by Private Security (Licence Fees) Regulations 2006 (S.I. No. 470 of 2006), in effect as per reg. 2; revoked (1.12.2015) by Private Security (Licence Fees) Regulations 2015 (S.I. No. 362 of 2015), reg. 7, in effect as per reg. 2.

E60

Previous affecting provision: power pursuant to section exercised (1.09.2006) by Private Security (Licensing Applications) Regulations 2006 (S.I. No. 469 of 2006), in effect as per reg. 2; revoked (10.05.2012) by Private Security (Miscellaneous Provisions) Regulations 2012 (S.I. Bo. 147 of 2012), reg. 12(b), in effect as per reg. 2.

E61

Previous affecting provision: power pursuant to section exercised (1.09.2006) by Private Security (Licensing and Qualifications) Regulations 2006 (S.I. No. 468 of 2006), in effect as per reg. 2; revoked (1.11.2022) by Private Security (Licensing and Qualifications) Regulations 2022 (S.I. No. 574 of 2022), reg. 3, in effect as per reg. 2.

E62

Previous affecting provision: power pursuant to section exercised (27.07.2006) by Private Security (Licensing and Standards) Regulations 2005 (S.I. No. 835 of 2005), in effect as per reg. 2; revoked (10.05.2012) by Private Security (Licensing and Standards) Regulations 2012 (S.I. No. 144 of 2012), reg. 7(b), in effect as per reg. 2.

E63

Previous affecting provision: power pursuant to section exercised (29.03.2006) by Private Security (Forms, Surrender of Licence and Offence Notification) Regulations 2006 (S.I. No. 152 of 2006), in effect as per reg. 2; revoked (10.05.2012) by Private Security (Miscellaneous Provisions) Regulations 2012 (S.I. No. 147 of 2012), reg. 12(a), in effect as per reg. 2.

E64

Previous affecting provision: power pursuant to section exercised (19.12.2005) by Private Security (Licensing Applications) Regulations 2005 (S.I. No. 836 of 2005), in effect as per reg. 2; revoked (21.12.2007) by Private Security (Licensing Applications) Regulations 2007 (S.I. No. 856 of 2007) reg. 3, in effect as per reg. 2.

E65

Previous affecting provision: power pursuant to section exercised (19.12.2005) by Private Security (Licence Fees) Regulations 2005 (S.I. No. 835 of 2005), in effect as per reg. 2; revoked (1.01.2013) by Private Security (Licence Fees) Regulations 2013 (S.I. No. 293 of 2013), reg. 7, in effect as per reg. 2.

E66

Previous affecting provision: power pursuant to section exercised (19.12.2005) by Private Security (Licensing and Standards) Regulations 2005 (S.I. No. 834 of 2005), in effect as per reg. 2; revoked (10.05.2012) by Private Security (Licensing and Standards) Regulations 2012 (S.I. No. 144 of 2012), reg. 7(a), in effect as per reg. 2.