Governor-General's Emoluments and Pension Act, 2006

Link to law: http://laws.gov.ag/acts/2006/a2006-11.pdf

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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The Private Security Registration

Act, 2006.

No. 11 of 2006.2

“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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No. 11 of 2006. The Private Security Registration

Act, 2006.

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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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No. 11 of 2006.4

(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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No. 11 of 2006.6

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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The Private Security Registration

Act, 2006.

No. 11 of 2006.8

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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The Private Security Registration

Act, 2006.

No. 11 of 2006.10

(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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No. 11 of 2006. The Private Security Registration

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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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The Private Security Registration

Act, 2006.

No. 11 of 2006.12

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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No. 11 of 2006. The Private Security Registration

Act, 2006.

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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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The Private Security Registration

Act, 2006.

No. 11 of 2006.14

____________
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.

ANTIGUA

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No. 11 of 2006. The Private Security Registration

Act, 2006.

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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
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