Law On Guard Business (Guard Enterprise Law)

Original Language Title: Lov om vaktvirksomhet (vaktvirksomhetsloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2001-01-05-1

Law on guard business (Guard Act) date LAW-2001-01-05-1 Ministry of Justice and emergency Ministry last edited law-2015-06-19-65 from 01.10.2015 Published entry into force 01.01.2002, 01.07.2004, 01.01.2005 Change LAW-1988-05-13-29 Announced short title Guard Act-vaktl.

Short title added by law June 19, 2009 # 85 (ikr. 1 apr 2011 CISPR res 1 apr 2011 No. 342).

§ 1. Purpose the purpose of this law is to safeguard the rule of law) for those who come in contact with the security guards, b) ensure good quality of guard services, c) add conditions conducive to an effective public control of business, and d) prevent guard business that because of its military for security or another character is incompatible with guard business under this Act, or by the way is illegal or in violation of international law.

§ 2. The scope of the Act applies to employment guard business and own security. With an employment guard business is understood in the law here business that is to carry out guard services against remuneration. With its own security will mean guard services of their own private property and their own State and municipal properties, with adjacent buildings and staff, as long as the security is performed by the company's own employees. With guard services is understood services where it by the use of people, TV monitoring, electronic monitoring, or otherwise: a) carried out supervision of the private area or public area, b) performed control services, c) be performed cit, d) is performed escort services, e) are received and processed alarm signals from her attacker-or burglar alarm system or the emergency response for such signals by appointment, or f) training for guard services.

The law applies to an employment guard business and own security that is run by private or Government agency. With government agency is understood in the law in any organ of the State or municipality.
The law does not apply to guard mission that exercised sporadically and have little scope, unless the police put as a condition that the guard services for security reasons should be performed by authorized security guards. The law does not apply to guard business that the armed forces performs by use of own personnel, guard business on the ship or cargo terminals at ports or port terminals covered by the ISPS regulations, or guard strength by Norges Bank.
The King can give the regulation on the application of the law on Svalbard and can establish special rules under consideration for the on-site conditions.

§ 3. Permit to exercise an employment guard business or own security according to § 2 required permission. Such permission can only be granted to enterprises, enpersonsforetak or administrative agency. It should not be given permission to enterprises that operate in violation of the purpose of the law, or in violation of other requirements for conducting business activities.
Entity must be registered before permission is granted. The entity must have a fixed place of business in the Kingdom. The permission can be given to the company, Foundation or other association when all members of the Board of a corporation or other association with limited liability meets the requirements of the third paragraph, LITRA a to d, and all fully responsible participants in the responsible company or limited partnership meets the requirements of the third paragraph, LITRA a to d. Enpersonsforetak must be registered in the device registry before the holder can be given permission. Tax exempt number must be specified in the application. The holder must also: a) be 21 years, b) have satisfactory record, c) be a citizen of the State that is party to the EEA Agreement, and d) incidentally possess the necessary confidence and not be deemed unfit to exercise the guard business on the proper way.

If the entity or enpersonsforetaket has the General Manager, will also need to fill in this terms, third paragraph, letter a to d. people who have significant influence on the business, must fill the requirement of satisfactory record. People who own a substantial portion of the business or of the companies that drive the business or as oppebærer a substantial portion of its return or holds a leading feature of it, will always be deemed to have significant impact on the business. In the assessment of whether a person has significant influence on the business, is considered to be his or her own shares or votes together with interests or votes that belong to the following persons: a) the spouse or person that he or she lives with in the ekteskapslignende relationship, b) relatives in straight up rising or descent line as well as siblings, c) spouse to the person referred to in point b, or people who live in the ekteskapslignende relationship with the person who mentioned in point b.

It can in particular cases be made exceptions from the requirement to age in the third paragraph, LITRA a. If anything changes in the composition of the enterprise ownership, control or participants, this shall be notified to the authority that has granted the permit within 1 month after the change. The same is true if it is appointed new Managing Director.
Part of the administrative agency who wield employment guard business, must be separated as a separate legal entity. Part of the administrative agency as a performer must be their own security established as a separate department within the business.

§ 4. Allow and control the Authority Police is allow and control authority. The annual control of the guard on the basis of the enterprises the companies ' reporting duty under section 16.

§ 5. Content is provided for authorization Permission specific forms of guard business under section 2 first paragraph, LITRA a to f.

section 6. Disappearance of permission Permission lapses if the entity that permission is given to be taken under the bankruptcy Manager, or if the holder of the enpersonsforetaket door. A bankruptcy stay or estate has the right to continue the business to the extent that there are appropriate with a view to liquidation or transfer of the business to a new owner, yet not beyond 6 months without permission from the permission and control authority.

section 7. Revocation of permit A permit can be revoked if the holder, the management, the owner or other person who has significant influence on the business of the entity that has the permission, or any employees of the enterprise, has been guilty of gross or repeated violations of the special terms of the permit or of the provisions laid down in or pursuant to the law. The same is true if the terms of permission are no longer met.
Permission can also be revoked if it has been the business of the entity for two years, or the business is not started up within one year after the permission is given.

section 8. Requirements to employees The to be added in the enterprise covered by the law and who will perform the guard service or have tasks directly related to the guard service, must have a satisfactory record. It may be required exhaustive and expanded police certificate. The person must also be 18 years.
The company's management has a duty to ensure that the employees of the entity that will perform the guard service or have tasks directly related to the guard service, meets the requirements of the Act and regulations.
The police have a duty to alert the guard company for employees, to perform the guard service or have tasks directly related to the guard service, which is under investigation for criminal matters of serious nature or conditions that affect confidence in his or her work. The obligation applies as long as the information can be provided without damage to the investigation.

§ 9. Education requirements The who will perform responsible guard service, must have completed the approved training for security guards. Such education should consist of a) a theoretical part completed before employment, b) practice training in guard service, including object training, c) summary theory course and final exam, d) any additional education for the execution of the special service, and e) passed the regodkjenning every 4 years.

§ 10. Uniformering The who perform guard service shall wear uniform. The uniform should only be carried in active service. Allow and control authority may make exceptions from the requirement for the use of uniform during the execution of the Special Guard missions when particular reasons suggests it should be disclosed in the uniform if the person is approved weights or during training.
The uniform should be approved by allow and control authority. The same applies to uniformering of the material. Uniformeringen shall be designed so that it cannot be confused with the national police, the armed forces or customs uniformering.

section 11. The credentials that perform guard service to carry visible identity card for security guards. Watchman is obliged to provide the service number and companies when this is required by the service action directly concerns or by the police.

§ 12. The use of force The performing guard service, has no access to the use of physical force beyond the everyone has access to, cf. Penal Code section 18 and the code of criminal procedure § 176 first paragraph, cf.. § 170 a. Guard service to perform unarmed.

section 13. The use of dog dog can only be used for their own protection during execution of the guard service. The dog will be entered in the short line.
The use of the dog during the execution of the guard service shall be approved by the guard company.

section 14. Duty to draw Insurance Companies to exercise the guard business must have an insurance policy that covers the liability the company may incur during the exercise of duty business. The insurance must be subscribed before the business is initiated and maintained as long as it is in progress.
The Ministry may give further rules on the insurance. The Ministry may by regulation exempt administrative bodies who run the business from an employment obligation of duty to draw the liability insurance.

section 15. Requirements for communications equipment The performing guard service to communicate with the valet guard or alarm Central while the guard service is carried out. Watch the entity responsible for that there be established a proper communication mechanism.


section 16. Disclosure and reporting duty Enterprises as a performer guard duties to provide business allow and control authority the information and the documentation that is required for the PNA control of that business is run in accordance with the provisions laid down in or pursuant to the law here and in a way that is consistent with to exercise business activity.
Companies as a performer guard business to every year by the end of the month of March to send a report to allow and control authority. In the report to it to clarify the company's business activities in the previous year and is given a list of employees in the company that will perform the guard service or have tasks directly related to the guard service.

§ 17. Someone else's report if the tax and tax authorities, customs authorities or the labour inspectorate reveals conditions that they have reason to assume has significant importance for the assessment of whether a permit should be revoked under section 7, the duties of the on its own initiative and without the hindrance of confidentiality to inform the police about this.

§ 18. Guard Enterprise registry for use by allow and control authority to create a central electronic registry of approved guard companies. The register shall only contain the information necessary for the implementation of the permission and control authority.
The registry can contain information about the individual guard companies and carried out these checks, and information about the employees who perform guard service or have tasks directly related to the guard service and the people who will be covered in section 3.
The registry can be linked against other registers in the police that are relevant and necessary for the implementation of the report the obligation in section 8, third paragraph.
The table of approved guard companies should be public.

§ 19. Regulations the Ministry should provide regulations on own security (section 2), if the closer the implementation of § 4 first paragraph, second sentence (annual control), section 8 the first paragraph first and second sentence (the requirement of satisfactory record and whether the police certificate), section 9 (requirements for education, including whether an exemption from the education requirement and for approval of foreign educations), section 10 (uniformering), section 11 (credentials), section 13 (the use of dog) and section 16 (disclosure and reporting duty) before a Manager under section 18 may be taken the Ministry shall by regulation establish further provisions on the 1.
the purpose of the treatment, 2.
who is the management responsible, 3.
What information categories to be registered, 4.
who in the Police Department who has access to the information, 5.
and freedom to disclose information, and 6.
the closer to the rules for the correction, blocking and deletion of information.

The Ministry may by regulation provide further rules on the implementation of section 14 (duty to draw insurance), including exempt administrative bodies who run the business from the obligation to guard drawing the liability insurance.
The Ministry may by regulation decide that it is to be paid the fee by the creation, operation and control of the guard's business, and give further provisions on this.
The Ministry may give closer to the implementation of the regulations by the way the law.

section 20. Penalty it as intentionally or negligently contravenes provisions given in or pursuant to the law, punishable by fines or imprisonment for up to 3 months.

§ 21. Ikraftsetting 1.
The law will take effect from the time that the King decides. 1 2.
From the same time repealed the law on guard business of 13. May 1988 No. 29.3.
Regulations that are given under the legal authority of the law on guard business of 13. May 1988 No. 29 remains current until the Ministry decides something else.

§ 22. Transitional provision the law also applies to the granted permission to guard business given with the legal authority of the law on guard business of 13. May 1988 No. 29. They can continue business without having to apply for new permission unless permission is not contrary to the provisions of this Act.