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Royal Decree 938/1997, Of 20 June, Whereby Complete Regulation Of Permit Requirements Of Security Companies And The Empowerment Of Private Security Personnel.

Original Language Title: Real Decreto 938/1997, de 20 de junio, por el que se completa la regulación de los requisitos de autorización de empresas de seguridad y los de habilitación del personal de seguridad privada.

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TEXT

The recent entry into force of the Private Security Regulation, approved by Royal Decree 2364/1994 of 9 December 1994, has revealed the existence of factual assumptions, including in its field of application, which have not has been subject to specific consideration, or which have been insufficiently treated.

in particular, it is the case of the regional security companies, especially the small security companies, which have an undoubted and important role in the sector, and whose livestock have not been adequately taking into account when determining the quantitative requirements necessary for their authorisation, as evidenced by the Proposition not of Law, presented to the Congress of Deputies dated 18 February 1997, for which the Government is urged to amend certain aspects of the rules on private security.

In addition, certain aspects relating to particular field guards, and those related to obtaining additional training and ratings by the security personnel, should be subject to specific regulation. In the case of a private person who is already qualified as a security guard or as a special guardian of the field, as well as the alleged security guards or controllers who, in developing their employment in this sector, cannot attend to the testing of enablement as security guards or as private guards of the field, for overcoming the regulatory age.

Reasons for economic policy, which require the protection of small businesses, combined with reasons for promoting employment, given the acknowledged aptitude of such enterprises for the generation of jobs, and in both cases (a) the reasons for proportionality, and for strict justice, require the completion of the Private Security Regulation, by modulating the quantitative requirements of social capital, guarantee and liability insurance, which must be adapted to the real characteristics of these companies; perfecting the regulation on private guards of the field, as well as the field of multiple ratings; and opening possibilities of enabling, as private security personnel, security guards, controllers and members of similar collectives, who have completed forty years of age.

In its virtue, on the proposal of the Minister of the Interior, heard by the Council of State and after deliberation by the Council of Ministers at its meeting on June 20, 1997,

D I S P O N G O:

Article first.

It is incorporated in the Annex to the Private Security Regulation, approved by Royal Decree 2364/1994, of December 9, the following paragraph:

" III. Companies with a regional level.

1. The determining amounts of the minimum capital, guarantee and liability insurance, as specified in paragraph 1 of this Annex, as "Registration and initial authorisation" requirements relating to security undertakings In the case of the autonomous community, the number of persons employed in the autonomous community is reduced to 75 per 100 or 50 per 100, depending on the fact that the population of the right of the Autonomous Communities is less than 2,000,000 inhabitants and above 1,250,000, or less than 1,250,000 inhabitants.

However, except in the case of security undertakings which are exclusively subject to the installation or maintenance of appliances, devices and safety systems, or the advice and planning of safety activities, in no case shall the share capital be lower than that laid down in the legislation on public limited liability companies.

2. The determining amounts of the guarantee minima, as specified in paragraph I of this Annex, relating to security undertakings of an autonomous nature, whatever the activities they perform or services they provide, and any other than The right population of the corresponding Autonomous Communities shall be reduced to 50 per 100 in the case of undertakings which, at the time of registration, have a staff of less than 50 employees, and when, subsequently, for two consecutive years do not exceed 100,000,000 pesetas of annual turnover.

The reduction set out in this paragraph 2 shall not be cumulable to the minimum guarantee, as set out in the previous paragraph.

3. In the cases referred to in paragraphs 1 and 2 above, the quantities per province specified in paragraph I of this Annex, in respect of the share capital and the guarantee, shall not be counted in respect of the provinces with less than 250 000. inhabitants of the population of law.

4. With regard to safety undertakings, which are autonomous, dedicated exclusively to the installation and maintenance of appliances, devices and safety systems, the requirements laid down in paragraph I. 5 of this Annex shall apply with the modifications that are specified below:

(a) They shall not have to justify any social capital unless they are constituted in the form of a company, in which case they shall comply with the second subparagraph of paragraph III.1. In any event, they must be constituted as a company if, for two consecutive years, their turnover exceeded 100,000,000 pesetas per year.

(b) Do not need to have a technical engineer in the template in full time, when it includes fewer than five installers ' positions, but alternatively they will have to have it on a part-time basis, or must have a permanent, through a commercial contract, with the services of a technical engineer who will supervise and technically guarantee the installation and maintenance of devices, devices and systems. In any event, the Technical Engineer shall be specifically qualified for the exercise of his/her mission.

c) The minimum guarantee to constitute is 1,000,000 pesetas.

However, it will be 2,000,000 pesetas, in the case of companies that are not incorporated in the form of a company.

(d) The liability insurance contract shall cover a minimum guarantee of 10,000,000 pesetas.

5. Changes in the templates of the autonomic undertakings referred to in this paragraph, which give rise to the inclusion or exclusion of the case referred to in paragraph 2 above, shall result in the change in the registration and registration requirements. authorization of such undertakings and shall determine the instruction of the relevant records of changes to the registration.

6. Where undertakings intend to act in neighbouring Autonomous Communities, without covering the whole of the national territory, they must be registered in the General Register of Security Enterprises, but may do so by applying the criteria laid down in Article 1 (1) of the Treaty. (a) quantitative restrictions, as set out in this Annex, together with the corresponding regional territorial areas, as if they were a single autonomous territory. "

Article 2.

Two new paragraphs are added to Article 62 of the Private Security Regulation, which are worded as follows:

" Private security personnel who are already qualified or qualified as a security guard or as a special guardian of the field, for the purpose of obtaining additional diplomas or qualifications, will only need to to receive the training and/or, where appropriate, to exceed the tests corresponding to the vocational training modules which are of the new diploma or qualification which they wish to obtain, excluding those relating to the training or the training enabling you would have previously acquired.

In addition, for the purposes of the supplementary ratings referred to in the preceding paragraph, personnel who are already enabled as security guards or as a special guardian of the field shall not be subject to the the requirement of not having completed forty or, where appropriate, forty-five years of age. '

Article 3.

The provisions of the Private Security Regulation, which are then related, are worded in the form that for each of them is specified:

Article 54.2.a).

"(a) Have not been forty years of age the security guards, and forty-five years old the particular guards of the field."

Article 92.

" Article 92. Functions.-The specific guards of the field, in their different modalities, shall exercise the functions of surveillance and protection of the property:

a) On the rustic estates.

b) On the hunting estates, as for the various aspects of the Cynetic regime.

(c) In aquaculture establishments and marine protected areas for fishing purposes. "

Article 94.g).

"g) Shooting exercises, the periodicity of which shall be annual."

First transient disposition.

The requirement of not having served the forty years of age, as set out in Article 54.2.a) of the Private Security Regulation, shall not be required for the qualification as security guards or as private security guards. (a) field and its various specialties, to the staff who, under the names of security guards, controller or other of similar significance, have been carrying out surveillance and control functions inside buildings, with prior to 31 January 1996 (date of publication in the Official Gazette of the State of the Resolution of 19 January 1996 by the Secretariat of the State of the Interior, determining aspects relating to private security personnel, in compliance with the Order of the Ministry of Justice and Home Affairs of 7 July 1995.

Second transient disposition.

1. Security undertakings authorized and registered prior to the date of entry into force of this Royal Decree, which are included in the cases covered by this Royal Decree, may, without limitation of time, be eligible for their provisions. in accordance with the procedure laid down in the Private Security Regulation for amendments to the registration.

2. In addition, security firms whose authorisation and registration procedures were to be instructed on the date of entry into force of this Royal Decree may be subject to the provisions of this Royal Decree. necessary documentation, to which effect the Acting Administration shall suspend the instruction of the procedure, if so requested by the undertaking concerned.

Single end disposition.

This Royal Decree shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Given in Madrid on June 20, 1997.

JOHN CARLOS R.

The Minister of the Interior,

JAIME MAYOR OREJA