Private Security Services Act 2004

Number 12 of 2004

PRIVATE SECURITY SERVICES ACT 2004

REVISED

Updated to 29 September 2023

This Revised Act is an administrative consolidation of the Private Security Services Act 2004. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 (26/2023), enacted 13 October 2023, and all statutory instruments up to and including the Private Security Services Act 2004 (Commencement) Order 2023 (S.I. No. 473 of 2023), made 26 September 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 12 of 2004


PRIVATE SECURITY SERVICES ACT 2004

REVISED

Updated to 29 September 2023


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

 

1.

Short title and commencement.

2.

Interpretation.

3.

Exemptions.

4.

Laying of orders and regulations before Houses of Oireachtas.

5.

Expenses of Minister.

PART 2

Private Security Authority

6.

Private Security Authority.

7.

Membership.

8.

Functions.

9.

Strategic plans.

10.

Chief Executive.

11.

Staff.

12.

Superannuation.

13.

Investigations by Authority.

14.

Inspectors.

15.

Power of entry and inspection.

16.

Reports to Minister.

17.

Disclosure of interests.

18.

Non-disclosure of information.

19.

Grants to Authority.

20.

Membership, etc., of Dáil, Seanad or European Parliament.

PART 3

Licences to provide Security Services

21.

Application for licence.

22.

Grant or refusal of licence.

23.

Renewal of licence.

24.

Tax clearance.

25.

Documents to accompany certain applications.

26.

Refusal to renew, suspension, etc., of licence.

27.

Notification to applicant of refusal, etc.

27A.

Temporary licence.

28.

Variation of licensed security service.

29.

Identity cards.

30.

Identity badges.

31.

Issue of duplicate licence or identity card.

32.

Surrender of licence.

33.

Register of licensees.

34.

Provision of information by Garda Síochána.

35.

Production or display of licence.

36.

Notification of conviction of offence.

37.

Prohibition of unlicensed security service.

38.

Prohibition of employment of unlicensed person.

PART 4

Complaints against Licensees

39.

Investigation of complaints.

PART 5

Appeals against Decisions of Authority

40.

Private Security Appeal Board.

41.

Appeal to High Court on question of law.

PART 6

Security Services provided by Certain Persons from EU Member States

42.

Interpretation.

43.

Application of Act to relevant persons.

44.

Prior notification by relevant person of conviction or criminal proceedings.

45.

Prohibition of relevant person from providing security service.

46.

Relations with corresponding authorities.

47.

Effect of revocation or suspension of relevant person's licence or other authorisation.

PART 7

Miscellaneous

48.

Offences.

49.

Receipt of notification or notice.

50.

Taking effect of decision of Authority.

51.

Regulations.

52.

Transitional provision.

SCHEDULE 1

Private Security Authority

SCHEDULE 2

Private Security Appeal Board

PART 1

General

PART 2

Appeals

SCHEDULE 3

Modifications of Act in its application to Relevant Persons

Acts Referred to

Air Navigation and Transport Acts 1936 to 1998

Civil Service Commissioners Act 1956

1956, No. 46

Civil Service Regulation Acts 1956 to 1996

Companies Act 1963

1963, No. 33

Companies Acts 1963 to 2003

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

European Parliament Elections Act 1997

1997, No. 2

Finance Act 2002

2002 No. 5

Harbours Act 1996

1996 No. 11

Public Offices Fees Act 1879

1879, c. 58

Registration of Business Names Act 1963

1963, No. 30

Taxes Consolidation Act 1997

1997, No. 39


Number 12 of 2004


PRIVATE SECURITY SERVICES ACT 2004

REVISED

Updated to 29 September 2023


AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF A BODY, TO BE KNOWN AS THE PRIVATE SECURITY AUTHORITY, OR IN THE IRISH LANGUAGE AN tÚDARÁS SLÁNDÁLA PRÍOBHÁIDÍ, TO CONTROL AND SUPERVISE INDIVIDUALS AND FIRMS PROVIDING PRIVATE SECURITY SERVICES AND TO INVESTIGATE AND ADJUDICATE ON ANY COMPLAINTS AGAINST THEM; FOR THE ESTABLISHMENT OF A BODY, TO BE KNOWN AS THE PRIVATE SECURITY APPEAL BOARD, OR IN THE IRISH LANGUAGE AN BORD ACHOMHAIRC UM SHLÁNDÁIL PHRÍOBHÁI~ DEACH, TO HEAR AND DETERMINE APPEALS AGAINST DECISIONS OF THAT AUTHORITY; AND FOR RELATED MATTERS. [4th May, 2004]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: