The Private Security Registration Act 06.pmd
ANTIGUA
AND
BARBUDA
No. 11 of 2006. The Private Security Registration
Act, 2006.
1
Short title.
Interpretation.
ANTIGUA AND BARBUDA
No. 11 of 2006
AN ACT to provide for the licensing and regulation of private
security agencies, private investigators and independent pri-
vate security providers and for incidental and related matters.
[ Published in the Official Gazette Vol. XXVI No.61
dated 26th October, 2006. ]
ENACTED by the Parliament of Antigua and Barbuda as fol-
lows:
PART 1
PRELIMINARY
1. This Act may be cited as the Private Security Registration
Act, 2006, and shall come into operation on such date as the
minister may, by notice published in the Gazette, appoint.
2. In this Act, unless the context otherwise requires—
“Commissioner” means the Commissioner of Police;
“Council” means the National Security Council to be es-
tablished under the National Security Act;
“employer” means the owner or manager of a private secu-
rity agency;
Cap 330.
[ L.S. ]
I Assent,
James B. Carlisle,
Governor-General.
13th October, 2006
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“independent private security provider” means an indi-
vidual providing private security services on a contractual
basis;
“Minister” means the minister responsible for National Se-
curity;
“Police Service” means the Police Service established un-
der the Police Act;
“precept” means a certificate issued under the hand of the
Commissioner authorising the security guard named therein
to act as a constable;
“precepted security guard” means a security guard to whom
a precept has been issued;
“private investigator” means a person who performs, on a
contractual basis, work involving the search for evidence,
facts or information, including surveillance services;
“private security agency” or “agency” means a sole trader,
firm, partnership or body corporate registered under the Com-
panies Act, 1996, or the Business laws of Antigua and Barbuda
which employs security guards for the protection of persons
and property, including its employees and property or the
installation of electronic security systems and monitoring ser-
vices and is approved for that purpose by the Council;
“security guard” or “guard” means a person who is em-
ployed by an agency for the protection of persons and
property or the installation and monitoring of electronic
security systems;
“security service provider” means a private security agency,
a private investigator or an independent private security
provider.
PART 2
LICENCES
3. (1) Subject to subsection (2) no person company or entity
of whatsoever description shall, after the commencement of this
Act, operate a private security agency or act as a private
Prohibition on
operation
without a
licence.
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investigator or an independent private security provider or
employ security guards without first obtaining a licence from
the Council so to do.
(2) The owner of an agency, a private investigator or an
independent private security provider operating immediately
before the commencement of this Act shall, within thirty days
from the date of commencement of this Act, apply for a licence.
(3) Subject to subsection (2) an agency, a private investigator
or an independent private security provider may continue to
operate until the application is determined.
(4) A licence shall be issued subject to conditions stipulated
therein.
(5) The persons listed in the Schedule shall be exempt
from the provisions of this Act to the extent specified in the
Schedule.
4. (1) An application for the issue of a licence to operate as a
security service provider shall be made to the Council on the
prescribed form and shall be accompanied by—
(a) a valid Police Certificate of Character, and where
the applicant is a body corporate, a valid Police
Certificate of Character in respect of each
Director;
(b) a certified copy of the Certificate of Incorporation
where the applicant is a body corporate and
certified copies of other documents issued by the
Companies’ Registry in respect of the applicant’s
incorporation;
(c) where the applicant is not a body corporate a
certified copy of the Certificate of Registration under
the relevant Business law;
(d) a copy of the certificate of registration under the
Income Tax Act or the Personal Income Tax Act,
2005, as applicable and evidence that there are no
outstanding amounts payable under these Acts by
the applicant.
Application for
issue of a licence.
Cap 212.
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The Private Security Registration
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(e) in the case of an agency evidence that the applicant
is registered as an employer under the Social
Security Act, Medical Benefit Act and the
Education Levy Act or self emoloyed person and
that there are no outstanding amounts payable
under these Acts by the applicant; and
(f) in the case of a private investigator or an independent
private security provider proof that the applicant—
(i) is a citizen of or a person who resides in
Antigua and Barbuda;
(ii) is over eighteen years of age;
(iii) is of sound health, as evidenced by a
certificate issued by a registered medical
practitioner; and
(iv) has passed all required drug test for any of
the controlled Drugs listed in the First Schedule
to the Misuse of Drugs Act.
(2) In the case of an agency the Council may grant conditional
approval to the applicant for a period not exceeding sixty days
pending the applicant’s submission of —
(a) a certificate from an insurance company that the
applicant has a valid public liability insurance policy
issued by that insurance company, with coverage
for an amount of not less than one hundred thousand
dollars, such insurance coverage to include liability
for damages caused by or arising out of a security
guard’s execution of his duty or any act of negligence
on his part in the execution of his duty; and
(b) a certificate from an insurance company that there is
in force in relation to every security guard employed
by the applicant, a policy of insurance issued by
that insurance company insuring or indemnifying
the applicant against the maximum amount of its
potential liability in accordance with any written law,
in respect of any injury sustained by, or death of, a
security guard in the discharge of his duties.
Cap 283.
Cap 408.
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(3) In the case of a private investigator or independent pri-
vate security provider the Council may grant conditional ap-
proval to the applicant for a period not exceeding sixty days
pending the applicant’s submission of a certificate from an in-
surance company that the applicant has a valid public liability
insurance policy issued by that insurance company, with cover-
age for an amount of not less than one hundred thousand dol-
lars, such insurance coverage to include liability for damages
caused by or arising out of a private investigator’s or an inde-
pendent private security provider’s execution of his duty or any
act of negligence on his part in the execution of his duty.
(4) Where a policy of insurance is cancelled, it shall be the
duty of the insurance company to notify the Council within
thirty days of the date of cancellation
(5) An insurance company that fails to notify the Council
shall be liable on summary conviction to a fine of Twenty-five
thousand dollars and the matter shall also be referred to the
Registrar of Insurance for such action as the Registrar deems
appropriate.
5. (1) A licence shall be renewable every year from its date of
issue.
(2) An application for the renewal of a licence to operate as a
security service provider shall be made to the Council in the
manner prescribed by section 4 not less than two months prior
to the expiry date of the existing licence.
(3) Where an application for renewal is made in accordance
with subsection (2), the validity of the licence shall continue
until the application is determined.
(4) Where an application for renewal of a licence is not made
in accordance with the provisions of subsection (2), the licence
shall lapse on the expiry date and until such licence is renewed,
the security service provider shall cease all operations.
6. (1) Where the Council refuses to issue or renew a licence,
it shall inform the applicant, giving the reasons therefor, in writ-
ing.
(2) The Council may refuse to issue or renew the licence
where the applicant does not meet the requirements of this Act
Application for
renewal of a
licence.
Refusal to grant
or renew licence.
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or in any case where the Council is satisfied that the applicant is
not a fit and proper agency or person to be granted a licence.
7. On approval of an application for a licence or renewal of a
licence the applicant shall pay a licence fee as prescribed.
8. (1) Upon receiving proof of payment of the licence fee, the
Council shall issue a licence to the applicant and in the case of a
private investigator or independent private security provider the
Council shall also issue a registration card.
(2) The licence shall be in the form prescribed and shall be
displayed in public view .
(2) The registration card shall be in the form prescribed and
shall be carried at all times on the person when on duty.
9. (1) Subject to subsection (3), the Council may authorise, in
writing, a police officer of the rank of Inspector or above (herein-
after referred to as “the authorised officer”), to enter into the
business premisesor premises of the security service provider at
any time, with the consent of the security service provider, and
inspect or search the business premises and vehicles, examine
books, records and other documents and interview the owner of
the security service provider, the security guards and other mem-
bers of staff for the purpose of determining whether there has
been a violation of this Act or any other written law.
(2) Where, during the course of the inspection or search it
appears to the authorised officer that there has been a violation
of the Act or any other written law, he may seize and take away
any of the books, records, documents, papers or things and re-
tain them until they are produced in any proceedings, but where
such books, records, documents, papers or things are necessary
for the continued operation of the agency, the authorised officer
shall be required to make copies of any books, records, docu-
ments, papers or things and return the originals to the agency.
(3) Where it is shown to the magistrate, on sworn information,
in writing, that—
(a) admission to any agency has been refused or that an
application for admission would defeat the object of
entry; and
Inspection of
premises
Licence fee.
Licence to be
issued by
Council.
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(b) there is reasonable ground for entry into the pre-
mises for the purpose of an inspection or search, the
magistrate may, by warrant under his hand, authorise
entry.
(4) Every warrant issued under this section shall continue in
force for such time as the Magistrate may prescribe.
(5) The authorised officer may inspect or search, if necessary
with the assistance of police officers, any building, vehicle, re-
ceptacle or place for books, records, documents, papers or things
which may afford evidence of a violation of any provision of this
Act or any other written law.
(6) A person who—
(a) hinders, molests or interferes with an authorised of-
ficer in doing anything that he is authorised by this
section to do or attempts to hinder, molest or inter-
fere with an authorised officer in doing any such
thing; and
(b) unless he is reasonably unable to do so, fails or
refuses to do anything he is required under this
section to do, is liable on summary conviction to a
fine of five thousand dollars and imprisonment for
three years.
10. (1) Where, an inspection conducted pursuant to the pro-
visions of section 9, reveals evidence of a contravention of this
Act or any other written law whereby charges are laid against the
security service provider, a security guard, or other member of
staff, the Commissioner shall submit a written report to the Coun-
cil within fourteen days of charges being laid.
(2) Upon such report being made, the Council shall give the
security service provider the opportunity of being heard and
may, if the Council deems such action to be reasonable in the
circumstances, for such period of the council may determine, or
revoke the licence.
11. A person who operates as a security service provider with-
out a licence or after a licence has been suspended or revoke
commits an offence and is liable on summary conviction to a fine
Suspension or
revocation of
licence.
Operating
without a licence.
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of fifty thousand dollars and to imprisonment for three years.
PART 3
SECURITY GUARDS
12. (1) A person who—
(a) is a citizen of or resides in Antigua and Barbuda;
(b) is over eighteen years of age;
(c) is of sound health, as evidenced by a certificate
issued by a registered medical practitioner;
(d) passes all drug tests required by the Regulations for
any of the controlled drugs listed in the First Schedule
to the Misuse of Drugs Act;
(e) is of good character, as evidenced by a valid Police
Certificate of Character from the country or countries
of residence for the preceding 7 years; and
(f) successfully completes the programme of training
approved by the Commissioner,
shall be eligible for employment as a security guard.
(2) The eligibility requirements for employment as a security
guard may be amended from time to time, by the Council.
13. (1) An application for a precept for a security guard shall
be made to the Commissioner by an employer on the form
prescribed and on payment by the employer, of the prescribed
fee.
(2) The application shall be accompanied by evidence that the
security guard has—
(a) satisfied the requirements of section 12(1);
(b) been employed by the agency for not less than six
months; and
Cap 283.
Application for
precept.
Qualifications
for employment
of security
guards.
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(c) successfully completed the precept examination as
administered by the Commissioner.
14. (1) Upon receipt of the application in accordance with
section 13, the Commissioner may issue a precept to the security
guard subject to any conditions stipulated therein.
(2) A precept shall be issued in relation to the agency
employing the security guard and is not transferable.
(3) The grant and revocation of a precept shall be at the sole
discretion of the Commissioner.
15. (1) Where a precept has been issued to a security guard,
the employer may apply to the Commissioner for a Firearm User’s
Employee’s Certificate in the name of the security guard on
payment, by the employer, of the prescribed fee.
(2) A Firearm User’s Employee’s Certificate is renewable
annually upon application being made to the Commissioner and
on payment of the prescribed fee.
(3) Where an application for renewal of a Firearm User’s
Employee’s Certificate is received more than two months prior
to the expiry date of the existing certificate, the validity of that
certificate shall continue until the application is determined.
(4) Subject to subsections (2) and (3) all other matters
pertaining to firearms shall be governed by the provisions of the
Firearms Act.
16. (1) A precepted security guard, while engaged in the perfor-
mance of his duties and in respect only of those persons and
property for which he is responsible, shall have such power,
authority, privilege and immunity and be liable for his actions in
the same manner, as a constable in the Police Service.
(2) Subject to the general order and direction of the Council,
the Commissioner shall have the supreme command and superin-
tendence over a precepted security guard.
17. (1) A security guard shall be provided with a badge, name
tag and identification number baton and manual describing the
powers and duties of a security guard.
Firearm user’s
Employee
Certificate.
Cap 171.
Powers of
precepted guards.
Equipment.
Issue of a precept.
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(2) The badge name tag and identificaiton number shall be
evidence of the position held by a security guard and shall be
displayed by him when exercising the duties of his office.
PART 4
TERMINATION OF EMPLOYMENT
18. A security guard may resign his appointment on giving his
employer one month’s prior notice in writing of his intention to
resign, pursuant to the provisions of the Antigua and Barbuda
Labour Code.
19. (1) Where the employment of a security guard is termi-
nated, whether by resignation, dismissal or otherwise, the em-
ployer shall, within one month of such termination, so inform the
Commissioner and the reason therefor.
(2) Any employer who fails to report the termination of
employment of a security guard and the reason therefor is liable
on summary conviction to a fine of two thousand dollars.
20. (1) Where the employment of a security guard is terminated,
whether by resignation, dismissal or otherwise, all powers and
duties vested in him as a security guard shall immediately cease,
and he shall, within fourteen days thereafter, deliver to his
employer any articles of appointment and equipment which may
have been supplied to him for the execution of his duties.
(2) The precept and Firearm User’s Employee’s Certificate in
the name of the security guard shall be delivered up by the guard’s
former employer to the Commissioner of Police.
(3) Any person who contravenes this section is liable on
summary conviction to a fine of three thousand dollars.
21. (1) When a security guard dies, any person in possession
of any articles of appointment and equipment issued to the
deceased for the execution of his duties shall, within twenty-one
days after the guard’s death, deliver such items to the deceased’s
employer or to the Superintendent of Police.
(2) Any person who, contravenes this section is liable on
summary conviction of a fine of three thousand dollars.
Notice of
termination of
employment of
security guard.
Delivering up of
articles of
appointment and
equipment
Delivering up
of articles of
appointment and
equipment
of deceased
security guard.
Resignation.
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PART 5
MISCELLANEOUS
22. (1) Any person who—
(a) employs as an armed or unarmed security guard any
person who is not registered as such under this
Act;
(b) knowingly makes any false declaration or statement
of a material nature in any application made under
this Act;
(c) falsely represents himself to be the holder of a valid
licence or registration card issued under this Act;
(d) knowingly hires employs or otherwise engages the
services of any unlicensed security service provider;
or
(e) otherwise fails to comply with the provisions of this
Act or any regulations made hereunder.
shall be guilty of an offence and shall be liable on summary
conviction to a fine not exceeding twenty thousand dollars
or to imprisonment for a term of two years or to both.
23. (1) A person aggrieved by any decision of the Council in
respect to any decision made under this Act may, within one
month from the receipt of the Council’s decision, appeal to a
judge in chambers whose decision is final.
24. The Minister may, by Order, subject to negative resolution
of Parliament, increase the penalties contained in this Act.
25. Where a security guard sustains injury while in the
discharge of his duty, the employer shall meet all the costs of
medical attention, medical comfort and medicines, as required
by law.
26. Any insurance benefits payable to an employer for or on
behalf of a security guard shall be paid to the security guard, his
beneficiary or estate, as the case may be.
Appeal.
Amendment in
respect of fines.
Bodily injury to
security guard.
Insurance
benefits.
Offences.
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27. (1) No private security agency shall describe any of its
guards by reference to any of the titles of the Police Force as set
out in the Police Act.
(2) No security guard shall describe himself by reference to
any of the titles of the Police Force as set out in the Police Act.
28. (1) The Minister shall, after consultation with the Council
prescribe a code of conduct for security service providers which
contains sufficient procedures and rules of evidence for its
enforcement.
(2) The code of conduct is legally binding on all security
service providers.
(3) The code of conduct drawn up pursuant to subsection (1)
of this section shall first be published by the Minister in the
Gazette with a notice indicating that the Minister intends to issue
such a code and inviting interested persons to submit to the
Minister within a stated period, but not less than four weeks
from the date of publication of the notice, any objections to or
representations concerning the proposed code of conduct.
(4) Pursuant to subsection (3), if the Minister after the expiry
of that period decides on any alterations of the proposed code
as a result of any objections or representations, it is not necessary
to publish such alterations for further comment.
(5) Subsection (4) shall apply with regard to any amendment
of the code of conduct.
(6) A code of conduct comes into operation on a date to be
determined by the Minister in the Gazette.
(7) The Minister may for the purposes of subsection (3)
determine different dates for commencement in respect of
different categories or classes of licences.
29. (1) The Minister may by regulations make provision for
the purpose of carrying this Act into effect and, in particular, but
without prejudice to the generality of the foregoing, for or with
respect to any matter that may be prescribed under this Act.
.
Regulations.
Use of police
titles prohibited.
Code of conduct.
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SCHEDULE
Persons and institutions exempt from the provisions of the Act
so far as it applies to their functioning as private investigators or
private security guards in the course of their work
(a) barristers or solicitors in the practice of their profession or their em-
ployees;
(b) persons who search for and furnish information—
(i) as to the financial credit rating of persons,
(ii) to employers as to the qualifications and suitability of their em-
ployees or prospective employees, or
(iii) as to the qualifications and suitability of applicants for insurance
and indemnity bonds,
and who do not otherwise act as private investigators;
(c) insurance adjusters and their employees licensed under the Insur-
ance Act while acting in the usual and regular scope of their em-
ployment;
(d) insurance companies and their employees licensed under the Insur-
ance Act while acting in the usual and regular scope of their employ-
ment;
(e) private investigators and security guards who are permanently em-
ployed by one employer in a business or undertaking other than the
business of providing private investigators or security guards and
whose work is confined to the affairs of that employer;
(f) persons residing outside Antigua and Barbuda who are employees of
private investigation or security guard agencies licensed or registered
in a jurisdiction outside Antigua and Barbuda who, on behalf of an
employer or client, come into Antigua and Barbuda solely for the pur-
pose of an investigation or inquiry; and
(g) any class of persons exempted by the regulations.
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____________
Printed at the Government Printing Office, Antigua and Barbuda,
by Eric T. Bennett, Government Printer
—By Authority, 2006.
800—10.06 [ Prices $6.10 ]
Passed by the House of Representatives
this 7th day of September, 2006.
D. Giselle Isaac-Arrindell,
Speaker.
Yvonne Henry
Clerk to the House of Representatives.
Passed by the Senate this 23rd day
of August, 2006.
Hazlyn M. Francis,
President.
Yvonne Henry
Clerk to the Senate.
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No. 11 of 2006. The Private Security Registration
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ANTIGUA AND BARBUDA
THE PRIVATE SECURITY REGISTRATION ACT, 2006
ARRANGEMENT OF SECTIONS
Sections
PART 1
PRELIMINARY
1 Short title
2. Interpretation
PART 2
LICENCES
3. Prohibition on operation without a licence
4. Application for issue of a licence
5. Application for renewal of a licence
6. Refusal to grant or renew licence
7. Licence fee
8. Licence to be issued by Council
9. Inspection of premises
10. Suspension or Revocation of licence
11. Operating without a licence
PART 3
SECURITY GUARDS
12. Qualifications for employment as a security guard
13. Application for a precept
14. Issue of precept
15. Firearms users Employee Certificate
16. Powers of precepted guards
17. Equipment
PART 4
TERMINATION OF EMPLOYMENT
18. Resignation
19. Notice of termination of employment of security guard
20. Delivering up articles of appointment and equipment
21. Delivering up articles of appointment and equipment of deceased security
guard
PART 5
MISCELLANEOUS
22. Offences
23. Appeal
24. Amendment in respect of fines
25. Bodily injury to security guard
26. Insurance benefits
27. Use of police titles prohibited
28. Code of conduct
29. Regulations
SCHEDULE
