Private Investigators and Security Guards Amendment Act 2010
BERMUDA
2010 : 8
PRIVATE INVESTIGATORS AND SECURITY GUARDS
AMENDMENT ACT 2010
[Assent Date: 19 March 2010]
[Operative Date: 19 March 2010]
ARRANGEMENT OF SECTIONS
1 Short title
2 Amends section 2
3 Repeals and replaces section 3
4 Inserts section 4A
5 Inserts section 6A
6 Inserts section 9A
7 Repeals section 10
8 Amends section 16
9 Consequential amendment
10 Transitional provisions
WHEREAS it is expedient to amend the Private Investigators and
Security Guards Act 1974;
Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:
Short title
1 This Act may be cited as the Private Investigators and Security
Guards Amendment Act 2010.
Amends section 2
2 Section 2 of the Private Investigators and Security Guards Act
1974 (in this Act referred to as “the principal Act”) is amended—
(a) by numbering the existing provision as subsection (1);
and
(b) by inserting the following subsections next after
subsection (1)—
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“(2) For the purposes of subsection (1), the term
“permanently employed” does not include the categories
of persons specified under section 4(2)(b), (c) and (d) of
the Employment Act 2000.
(3) Notwithstanding subsection (2), the
Commissioner of Police may in his discretion, exempt an
individual in any of the categories of persons specified in
subsection (2) as not permanently employed, from the
training programme required by section 4A.”.
Repeals and replaces section 3
3 Section 3 of the principal Act is repealed and replaced by the
following section—
“Offences and penalties for unlicensed private investigators
and security guards
3 (1) A person must not —
(a) engage in the business of providing private
investigators or security guards; or
(b) act as a private investigator or security guard,
unless he is the holder of a licence under section 4 or 6.
(2) A person must not hold himself out as a private
investigator or a security guard or as being engaged in the
business of providing private investigators or security guards
unless he is licensed under section 4 or 6.
(3) A person must not—
(a) employ or engage another person to undertake
any operation for which a licence is required
under this Act; or
(b) direct another person to undertake any operation,
for which a licence is required under this Act,
unless that other person holds a licence under section 4 or 6 of
this Act authorising the undertaking of that activity.
(4) A person who contravenes subsection (1), (2) or (3)
commits an offence and is liable, on summary conviction—
(a) in the case of a body corporate, to a fine not
exceeding $5,000; and
PRIVATE INVESTIGATORS AND SECURITY GUARDS
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(b) in the case of an individual, to a fine not
exceeding $2,000.”.
Inserts section 4A
4 The principal Act is amended by inserting the following section
next after section 4—
“Training for private investigators and security guards
4A Before a licence is issued to a person under section 4, the
Commissioner shall ensure that the person is certified as having
completed a training programme prescribed by regulations made
under this Act.”.
Inserts section 6A
5 The principal Act is amended by inserting the following section
next after section 6—
“Change of address
6A (1) A person to whom a licence has been issued under
section 4 or 6 must notify the Commissioner of any change of
address within thirty days of that change.
(2) A person who fails to comply with subsection (1)
commits an offence and is liable—
(a) in the case of a body corporate, to a fine not
exceeding $5,000; and
(b) in the case of an individual, to a fine not
exceeding $2,000.”.
Inserts section 9A
6 The principal Act is amended by inserting the following section
next after section 9—
“Register of licensed private investigators and security
guards
9A (1) The Commissioner shall cause to be kept and
maintained a register of private investigators and security guards
(in this Act referred to as "the register") containing the names of
private investigators and security guards licensed under section
4, and such other particulars respecting those persons as this
Act may require or as may from time to time be prescribed by
regulations made under this Act.
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(2) The Commissioner shall cause to be published in the
Gazette, as soon as may be practicable after the first day of
January in each year, a list of names entered in the register on
that day; and a copy of the Gazette containing the most recent
list so published shall be prima facie, evidence in all courts that
the persons whose names are included therein are licensed
private investigators and security guards; and the absence of the
name of any person from the said list shall be prima facie,
evidence that that person is not a licensed private investigator or
security guard.
(3) In the case of any person whose name does not appear
in the list referred to under subsection (2), a certificate signed by
the Commissioner of the entry of the name of such person in the
register and of the date of such entry shall be prima facie,
evidence—
(a) that the person is a licensed private investigator
or security guard; and
(b) of the date on which the person became a licensed
private investigator or security guard.
(4) In the case of any person whose name appears on the
list referred to under subsection (2), a certificate signed by the
Commissioner of the striking off or removal of the name of that
person from the list or of his suspension from operating under
this Act and of the date of the striking off or removal or
suspension, shall be prima facie, evidence—
(a) that he is not a licensed private investigator or
security guard, or as the case may be, he has
been suspended from operating as a private
investigator or security guard; and
(b) of the date on which he ceased by virtue of the
striking off or removal, to be a licensed private
investigator or security guard, or, as the case may
be, he was suspended from operating as such.
(5) A person may, at any reasonable time and on payment
of any fee prescribed under the Government Fees Regulations
1976, inspect the register.”.
Repeals section 10
7 Section 10 of the principal Act is repealed.
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Amends section 16
8 Section 16(1) of the principal Act is amended by inserting the
following paragraphs next after paragraph (d)—
“(da) prescribing the standards, methods and procedures for
the training of private investigators and security guards,
before certification;
(db) prescribing particulars to be contained in the register;”.
Consequential amendment
9 The Schedule to the Government Fees Regulations 1976 is
amended in Head 43—
(a) in paragraph (1) by deleting “3(1)(a)” and substituting
“4”;
(b) in paragraph (2) by deleting “3(1)(b)” and substituting
“4”; and
(c) by inserting the following paragraph next after
paragraph (2)—
“(3) inspecting the register of private investigators
and security guards under section 9A …………$15.00.”.
Transitional provisions
10 A person who, immediately before the date of the coming into
operation of this Act, has been operating as a private investigator or
security guard shall not be deemed to be operating illegally under this
Act for the sole reason that he does not have a licence under section 4 or
6 and may continue to operate as such without a licence—
(a) during the period of twelve months beginning on the
date of the coming into operation of this Act; and
(b) if within the period of twelve months beginning on the
date of the coming into operation of this Act, he makes
an application for a licence, until that application is
finally disposed of or withdrawn and if the application is
refused, for a further period of two months.
