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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The recent entry into force of the regulation of private security, approved by Royal Decree 2364 / 1994, of 9 December, has shown the existence of assumptions of fact, included in its scope, that have not been subject to specific consideration, or that have been inadequately treated.

It is specifically the case of autonomous security companies, especially the small security companies, which have a clear and important role in the sector, and whose Web have not been properly observed in determining the quantitative requirements necessary for approval, as it has been highlighted the Proposición no de Ley, presented to the Congress of Deputies dated 18 February 1997 that it urges the Government to amend certain aspects of the legislation on private security.

Should also be subject to specific regulation certain aspects relating to private field guards, and those related to obtaining formations and complementary qualifications by the staff of private security that already is enabled or diploma as security guard or as a special guardian of the field; as well as the so-called guardians of security or drivers that, developing their work in this sector, may not attend proofs of qualification as security guards or private guards of the field, to overcome the statutory age.

Reasons of economic policy, requiring the protection of small businesses, combined with promotion of employment reasons, given recognized fitness of these companies for the generation of jobs, and in both cases reasons of proportionality, with strict justice, is obligated to complete the regulation of private security, by modulating the quantitative requirements of equity, guarantee and liability insurance that they must be adapted to the actual characteristics of these companies; perfecting the regulation on private guards of the camp, as well as that relating to multiple ratings; and opening up possibilities of empowerment, such as private security personnel, security guards, drivers and members of collective analogues, that they have completed forty years of age.

By virtue, on the proposal of the Minister of the Interior, the Council of State and after deliberation by the Council of Ministers at its meeting of June 20, 1997, heard D I S P or N G o article first.

Is incorporated into the annex to the regulation of private security, approved by Royal Decree 2364 / 1994, of December 9, the following paragraph: 'III. Autonomous companies.

1 quantities determining the minimum of social capital, warranties, and liability insurance, specified in the apar Ta do I of this annex, as requirements "of registration and initial authorization", relating to security of autonomous companies, whatever the activities that made or services provided, will be reduced to 75 by 100 or 50 per 100 Depending on whether the population of right to the corresponding autonomous communities is less than 2,000,000 inhabitants and superior to 1,250,000, or less than 1,250,000 inhabitants.

However, except in the case of security companies which have as their sole object the installation or maintenance of equipment, devices and security systems, or advice and planning of security activities, any share capital will be less than that provided for in the legislation on limited companies.

2. determining the minimum guarantee of quantities, specified in section I of this annex, relating to security of autonomous companies, any that may be activities that make or services provided, and anyone who is the population of right to the corresponding autonomous communities, will be reduced to 50 per 100 in the case of companies that , at the time of registration in the register, have a roster of less than 50 workers, and also when, subsequently, during two consecutive years does not exceed 100,000,000 pesetas from annual turnover.

The reduction established in this paragraph 2 shall not be cumulative to that relating to the minimum warranty, covered by the provisions of the preceding paragraph.

3. in the cases referred to in the paragraphs 1 and 2 above, not be computed quantities by province, specified in section I of this annex, in terms of social capital and guarantee, with respect to the provinces having less than 250,000 inhabitants of population of law.

4 with regard to security, of autonomous companies, exclusively dedicated to the installation and maintenance of equipment, devices and security systems, the requirements laid down in paragraph I.5 of this annex, shall apply with the modifications that are specified below: to) will not have to justify social capital, unless they constitute in the form of society, in which case shall conform to the provisions of the second subparagraph of paragraph III.1. In any case, will have to be a form of society if, during two consecutive years, its turnover exceed 100,000,000 pesetas per year.

(b) will not need tenr a technical engineer in the template to the total time, when this integrate less than five posts of installers, though, Alternatively, must have it part-time, or they must have, on a permanent basis, through commercial contract, the services of a technical engineer who supervised and technically ensure the installation and maintenance of equipment, devices and systems. In any case, technical engineer must be specifically qualified for the exercise of their mission.

(c) the minimum to constitute guarantee will be 1,000,000 pesetas.

However, it will be 2,000,000 pesetas, in the case of companies not incorporated in the form of society.

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

5 changes in templates of the autonomous companies referred to in this paragraph, that give rise to inclusion or exclusion of the so-called regulated in paragraph 2 above, will result in the change of the requirements of registration and authorization of such companies and determine the instruction of corresponding amendments to registration records.

6 when companies seek to act in neighbouring autonomous communities, without cover the whole of the national territory, they will be registered in the General Register of security companies, but they may do so with application of the quantitative criteria laid down in this annex, along with the territorial regional relevant areas, as if it were a single autonomous territory.»

Second article.

Add two new paragraphs to article 62 of the private security regulation, drafted in the following terms: «the staff of private security that whether you are qualified or enabled as a security guard or special guardian of the field, to obtain additional qualifications or diplomas, only need to be trained and/or, where appropriate, overcome the tests on vocational training modules that are typical of the new diploma or qualification who wish to obtain» thus excluding those relating to the training or the empowerment that had previously acquired.

In addition, for the purpose of allotments complementary referred above, personnel who already it is enabled as a security guard or guard particular field, will not be applicable requirement of not having served forty, or, in its case, forty five years of age."

Third article.

The precepts of the regulation of private security, then listed, are drawn up in the form which is specified for each of them: article 54.2. to).

«a) do not having served forty years old for safety, and 45-year-old private field guards.»

Article 92.

«Article 92. Functions-Special guardians of the countryside, in its various forms, shall exercise the functions of surveillance and protection of property: a) on the rural properties.

(b) in farms of hunting, in terms of different aspects of the regime hunting areas.

(c) in establishments of aquaculture and marine areas protected fishing purposes.»

Article 94.g).

«(g) shot, whose frequency is annual exercises.»

First transitional provision.

The requirement of having not fulfilled the forty years of age, laid down in article 54.2. to) private security regulation, will not be required for enablement as security guards or guards of field and different specialties, personnel who, under designations of guardian of security, controller or others of similar significance, had been performing functions of surveillance and control in the interior of buildings prior to January 31, 1996 (date of publication in the "official bulletin of State» of resolution of 19 January 1996 of the Ministry of Interior, which determine aspects related to the staff of private security, in compliance with the order of the Ministry of Justice and Interior of 7 July 1995).

Second transitional provision.

1 security companies authorised and registered prior to the date of entry into force of this Royal Decree, which are covered in the cases regulated therein, may benefit from its provisions, without limitation of time, following the procedure laid down in the regulation of private security for modifications of registration.

2. Likewise, security companies whose authorisation and registration procedure was instructing at the date of entry into force of the same, and must adapt to effect the necessary documentation, for which purpose the corresponding Administration suspended instruction of the procedure, if so requested by the undertaking concerned shall benefit from the provisions of this Royal Decree.

Sole final provision.

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

Given in Madrid on June 20, 1997.


The Minister of the Interior, JAIME MAYOR OREJA

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