Law 23/1992 of 30 July, private security, in its first final provision, instructs the Government to enact regulations that are accurate for the development and execution of the law. Moreover, the fourth final provision of the organic law 1/1992 of 21 February, on protection of public safety, also authorizes the Government to dictate the standards necessary to determine the safety measures that may be imposed on entities and establishments in accordance with the provisions of article 13 of the same legal text.
Undoubted affinity of the mentioned subjects and purpose identical thereof, constituted by the prevention of crimes, advised to develop them according to the rules in a unitary manner, which is carried out by means of the regulation of private security, which is approved by the present Royal Decree.
In accordance with the mandate given by the law on private security, requirements and characteristics of the security companies; are determined in the regulation the conditions that must be met in the delivery of its services and in the development of their activities, and functions, duties and responsibilities of the staff of private security; at the time that determine the competent bodies for the performance of administrative functions, and opens the way for the determination of the characteristics of the usable material and technical means.
In relation to the determination of the powers that correspond to the competent autonomous communities for the protection of persons and goods and for the maintenance of public order, regulation, as it could not be less, on private security is limited to develop the provisions of the fourth additional provision of the law 23/1992 of 30 July.
Thus continues in this field the line bias to a broad interpretation of the powers of the autonomous communities in relation to the definition which the regional competition on its own police services and their functions has made constitutional jurisprudence (more specifically the sentence 104/1989 of 8 June).
From this perspective, regulation collects the specific allocation to the autonomous communities mentioned of executive functions of the State legislation regarding authorisation, inspection and sanction of the security companies having their registered office and its scope in the own autonomous community, respecting the decision of the legislator, that means covered, if you want to be partially certain powers over private security in the field of autonomous faculties assumed bylaws under the protection of article 149.1.29. ª of the Constitution.
Consistent with the above, the law 23/1992 and these regulations sit clearly state competition with respect to the activities of private security, by its functional scope development or by being connected with that, can not understand is covered in the regional competence to regulate her own police aimed to the maintenance of public order and the protection of people and goods.
In this sense the empowerment of staff of private security, which the law 23/1992 not included among the regional powers, involves the pursuit of functions derived from the exclusive State jurisdiction over public safety, unless that can be included in the regional competition on its own police services, as defined by constitutional jurisprudence. Furthermore, it is before a qualification for the exercise of certain functions throughout the State and people who in most cases can develop from firearms duties.
With regard to the security establishments and facilities, article 13 of the organic law on protection of public safety, determining the services and security systems that will have to adopt different kinds of establishments, for which purpose it has the experience accumulated over the past years, adapting the security measures in institutions and public and private establishments to the object pursued develops taking into account new technologies.
Thus the private security regulatory cycle, referred to in its entirety, ending dispersion of regulations issued since 1974, and complete addressing gaps and gaps caused by the dynamics of the private security over the years.
By virtue, on the proposal of the Minister of Justice and Interior, with the approval of the Minister for public administrations, heard the Council of State and after deliberation by the Council of Ministers at its meeting of December 9, 1994, D I S P O N G O: only article.
Development and implementation of law 23/1992 of 30 July, private security, and article 13 of the organic law 1/1992 of 21 February, on protection of public safety, approves the regulation of private security, whose text is then inserted.
First additional provision. Excluded activities.
They are outside the scope of application of the regulation of private security the following activities, carried out by personnel other than the private security, which must not be integrated into security companies, and can be directly hired by the owners of real estate: to) those of information access, custody and checking the status and operation of facilities, and auxiliary management made in private buildings by doormen, janitors and similar personnel.
(b) in general, verification and State control of boilers and General facilities in any kind of property, to ensure its operation and physical security.
(c) the control of transit in areas reserved or circulation restricted inside of factories, plants power, large data processing centers and the like.
(d) reception, checking of visitors and orientation of these tasks, as well as the control of entries, documents, or meat private, in any class of buildings or homes.
Second additional provision. Operation of the General Register of security companies.
The Register General of companies security set up in the Ministry of Justice and Interior, referred to in article 7 of the law 23/1992 of 30 July, private security, will work on the organic unit specialized in the field of private security, within the General Commissioner of public safety.
Third additional provision. Coordination commissions.
1 presided over by the Director general of police and, where appropriate, by the civil Governors will operate mixed, central and provincial committees for the coordination of private security in the sphere of competence of the General Administration of the State, integrated by representatives of the companies and entities required to have safety measures, and of workers in the affected sectors and can integrate into them also representatives of the autonomous communities and local corporations. The Organization and functioning of the commissions will be regulated by order of the Minister of Justice and Interior.
2 in the autonomous communities with powers for the protection of persons and property, and for the maintenance of public order in accordance with the relevant statutes of autonomy and to provisions of the organic law 2/1986, of forces and security corps, there may also be mixed commissions of coordination of private security in the scope of these powers whose presidency, composition and functions are determined by the competent bodies of the same.
3. at meetings of the joint committees should be invited also representatives or heads of security of the security companies and representatives of the workers, when they go to be treated issues that affect its services or activities.
4. the convening of the meetings shall be responsible for making it to the Chairmen of the committees, on its own initiative or taking into account requests from representatives of companies and workers.
5. the legal regime of these committees shall be subject to the rules contained in chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, without prejudice to the organisational peculiarities that may be applicable in each case.
Fourth additional provision. Incompatibilities of personnel.
In application of the provisions of articles 1.3 and 11.2 of the Act 53/1984, of incompatibilities of personnel at the service of the public administrations, the performance of jobs in these administrations by the personnel included in the scope of application of the Act will be incompatible with the exercise of the following activities: to) the development of functions of private security personnel.
(b) the membership of boards of directors or governing bodies of security companies.
(c) the performance of jobs of any kind in security companies.
First transitional provision. Period of adaptation to the law.
Within a year granted by the first transitional provision of law 23/1992 of 30 July, to adapt to the requirements or requirements set out in the law and its implementing rules, shall: a) General to the new requirements of companies in need of specific regulatory and safety measures taken previously , from the date of promulgation of the regulation of private security.
b) regarding the material or equipment and those matters which, pursuant to the provisions of the said regulation, require concretions, determinations or additional approvals from the Ministry of Justice and Interior, from the date they enter into force, the corresponding orders of regulation or ministerial approval resolutions.
(c) with respect to matters not included in the preceding paragraphs, from the date of promulgation of the law.
Second transitional provision. Effects of adaptation and non-adaptation.
1. the security companies listed in the registry, that adapt to provisions in the law and the regulation of private security, may retain the same registration number which they have previously.
2 once the period of one year from the promulgation of the regulation of private security, awarded to companies for the purpose of adaptation to the requirements for registration in the register of companies, have not done so that within the indicated term shall be deemed them given low when registering, considering that terminates its registration, which will be formally notified to the undertakings concerned.
Third transitional provision. Adaptation of security companies not listed above.
1 also will benefit from the period of a year, as provided in paragraphs a) and b) of the first transitional provision, to adapt to the requirements or requirements of security companies established in the law of private security, in the regulation of this law and its implementing rules, all companies not registered in the register of companies of security dedicated to the transport and distribution of explosives or other branches of economic activity and that, prior to the entry into force of the law and in accordance with the regulations then in force, had been providing to third parties services attributed by the private security Act, with unique character, to the security companies.
2. While they were doing adaptation procedures during the indicated period, enterprises concerned shall be regarded as security companies, for the purposes of article 12.1 of the private security Act, in relation to the security guards, the guards of explosives and other personnel in private security who are serving in them and had been paying on the date of entry into force of the law.
Fourth transitional provision. Computation of capital and reserves.
For the purpose of integrating different levels of resources required by the regulation of private security, security companies established prior to the enactment of the law 23/1992 may compute, as well as its social capital, effective and express reserves appearing in the balance sheet closed on 31 December 1992 and duly approved by the competent social organ.
Fifth transitional provision. Terms of adequacy of security measures.
1. without prejudice to the provisions in the transitional provision of the law 23/1992 of 30 July, first in general measures and security systems installed before the date of entry into force of the regulation of the Act or of the regulations that develop it, will be adapted to the requirements that establish, once after the following periods , from that date: a. physical security measures.
(a) security companies: 1 a year to install, at Headquarters and in the delegations of companies engaged in the installation and maintenance of equipment, devices and security systems, the security zone to ensure the custody of the information manejaren.
2nd a year for which alarms Central enterprises suit their control centers glazing safety levels to be determined by the Ministry of Justice and Interior.
((b) companies, entities and establishments required the adoption of security measures: 1 five years to install blast door referred to in article 127.1. d) of the regulation of private security.
2. five years for the measures corresponding to vaults and chambers of rental boxes.
3rd five years so pharmacies install the device referred to in article 131.1 of that regulation.
4th five years so Lottery administrations, mutual and local gambling betting firms adapt to provisions in article 133 of the rules of procedure, and article 132.1 and 2 respectively.
(B) electronic security systems: 1 a year for those installed in security companies.
2. two years for those corresponding to vaults or chambers of rental boxes.
3rd a year so that, with regard to those installed by companies not approved and connected with plants of alarms, is credited to these, by certificate of company enabled in the registry for this type of activities, that the installation conforms to the provisions of articles 40, 42 and 43 of regulation. After the period of one year unless the certificate has been filed, the alarm company will proceed to disconnection of the system.
4th five years for the rest of electronic security systems.
2. the physical security systems of automated teller machines and safes, regulated in the regulation of private security and regulations that develop it, will be payable to those that are installed from the year following the date of its entry into force.
Sixth transitional provision. Term of incorporation of gunsmiths.
1 after a period of one year from the date of entry into force of the regulation of private security, the places where the services of armed security guards must have the dealers referred to in article 25.
2. during this period, with respect to the places that don't have gunsmith, it shall apply the provisions of article 82, paragraph 2.
Seventh transitional provision. Term of use of armoured vehicles.
The armoured vehicles used by the transportation and distribution companies, whose characteristics do not correspond with those determined by the Ministry of Justice and Interior, may be used for a period of one year, starting from the entry into force of the provisions which, in effect, handed down. After this period, all vehicles that are used for this activity shall conform to the provisions of the above-mentioned standards.
Eighth transitory provision. Provisions relating to the empowerment of staff.
For the purposes of computing the time limits in the third and fourth transitional provisions of the law 23/1992 of 30 July, regulatory development provisions relating to the authorization for the exercise of functions of private security, in addition to those contained in this regard in the regulation of private security will be considered: to) concretion, definition, or approval of different aspects expressly entrusted various precepts to the Ministry of Justice and Interior.
b) the regulation of the opening and functioning of centres of education and training of private security personnel.
(c) of regulation of the tests necessary for obtaining the professional identity of private security personnel card.
Ninth transitional provision. Staff already enabled.
1. the guards of security guards with explosives, private guards of the field, hunting guards and maritime sworn Rangers who meet the required conditions for the provision of corresponding services pursuant to prior to the regulation on the date of entry into force of the law 23/1992 may continue to play the functions for which they were documented , without obtaining the authorization referred to in article 10 of this law. This paragraph will be generally applicable to any kind of staff who came regardless of its denomination, performing functions of private security personnel.
2. the private detectives who were accredited as such at the date of enactment of the Act will continue to develop the same activities until it expires one year from the promulgation of the development and regulatory enforcement provisions relating to the authorization for the exercise of the profession of private detective.
Tenth transitional provision. Exchange of staff accreditations.
1 staff concerning the above transitional provision, which on the date of entry into force of the order of adoption of the professional identity card models continue to meet the required conditions for the provision of the relevant services, must redeem after that date their titulos-nombramientos, licenses, identification cards or badges, for specified professional identity cards (, the following periods: a) two years, the staff referred to in paragraph 1 of the above transitional provision.
(b) a year, private detectives.
2. the heads of security which, on the date referred to in the preceding paragraph, were performing his duties, with the agreement of the address of the security of the State or the competent authority of the Ministry of Justice and Home Affairs, must redeem their accreditation in the period of two years, after the indicated date.
3. the new accreditations will be issued mentioned staff, free.
Eleventh transitional provision. Assistants accredited detectives.
1. the auxiliary of detective who were accredited as such at the date of enactment of the law 23/1992 may continue the same activities until it expires one year from enactment of provisions relating to the authorization for the exercise of the profession of private detective development and regulatory enforcement, during whose term must appear in the special register regulated in article 104 of the rules of that law.
2. to be able to exercise the activities referred to in article 19(1) of the Act, will have to overcome the expressed period aptitude tests vocational established the Ministry of Justice and Interior and they will be at a level consistent with the academic qualification required for the practice of the above activities, which will enable them to obtain private investigator professional identity card.
Twelfth transitional provision. Researchers, informants in the exercise.
1. researchers or informers who officially credited the practice for two years prior to the date of enactment of the law 23/1992, may continue the same activities until it expires one year from the enactment of the provisions of development and regulatory implementation relating to the authorization for the exercise of the profession of private detective.
2. to be able to exercise the activities referred to in article 19(1) of the Act, must be overcome, the period expressed, aptitude tests vocational established the Ministry of Justice and Interior, taking into account the experience gained in the previous development of its functions, which will enable them to be able to obtain the professional identity of private detective card.
Thirteenth transitional provision. Uniformity of the staff.
Security guards and private guards of the camp, in its various forms, may continue to use the uniformity which had authorized earlier, until that expires within two years following the date of entry into force of the rules issued by the Ministry of Justice and interior in this respect, and must abide by them after that period.
Fourteenth transitory provision. Open libros-Registros.
Security companies and private detectives can continue using the Libros-Registros which they have open, until the period of one year from the publication of the new models that are approved pursuant to the provisions of the regulation of private security. After this period, the Libros-Registros must be replaced by laid down in the regulation.
Sole repeal provision. Scope of the regulations repeal.
1 are repealed many provisions of equal or lower rank to oppose provisions in the present Royal Decree as well as the regulation that it is approved and in particular: to) the Royal Decree 880/1981, dated May 8, about providing private security services.
(b) the Royal Decree 629/1978, of 10 March, which regulates the function of the security guards, modified by Royal Decree 738/1983, of 23 February).
c) the Royal Decree 760/1983, of 30 March, which regulates the appointment and performance of the duties of the guards with explosives.
d) the Royal Decree of November 8, 1849, by which regulated, inter alia, appointments and functions of the particular wardens of the field.
(e) paragraphs 2, 3 and 4 of article 44 of the regulation of enforcement of the hunting Act, approved by Decree 506/1971, of 25 March.
f) the Decree 1583 / 1974, 25 April, which approves the regulation of maritime sworn Rangers of aquaculture establishments.
(g) the Royal Decree 1338 / 1984, of 4 July, about security measures in institutions and public and private establishments.
(h) the order of the Ministry of the Interior, of January 20, 1981, which regulates the profession of private detective.
2. Notwithstanding the provisions of the preceding paragraph, shall remain in force the rules on qualification or appointment of the staff of private security, so far that is determined by the rules and acts of implementation and development of the private security regulation which can be effective system training and empowerment of staff, regulated in the regulation and in the referred rules and acts.
3. in addition, continue to demanding technical requirements, provided for in the legislation in force, until they enter into force the appropriate development of the regulation of private security standards or specifications.
First final provision. Implementing provisions.
It authorizes the Minister of Justice and the Interior and the Minister of industry and energy, report, if any, of the Minister of agriculture, fisheries and food and the autonomous communities with powers in the field of private security, to conduct, in the field of their respective competencies, the provisions which are necessary for the implementation of the provisions of this Royal Decree and the regulation of private security.
Second final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid on December 9, 1994.
JUAN CARLOS R.
The Minister of Justice and Interior, JUAN ALBERTO BELLOCH JULBE regulation of Security private title I companies of security chapter I registration and authorization article 1. Services and activities of private security.
1 the security companies can only provide or develop the following services and activities: to) monitoring and protection of goods, establishments, shows, contests or conventions.
(b) protection of certain persons, prior authorization.
(c) deposit, custody, counting and sorting coins and banknotes, securities and other objects that may require special protection, without prejudice to the activities of financial institutions by its economic value and expectations that generate or hazardousness.
(d) transport and distribution of the objects referred to in the preceding paragraph, through different media, performing them, where appropriate, by means of vehicles whose characteristics are determined by the Ministry of Justice and Interior, in such a way that they can not be confused with the armed forces and security bodies and forces.
(e) installation and maintenance of equipment, devices and security system.
(f) exploitation of power stations for the reception, verification and transmission of alarm signals and its communication to the forces and security forces, as well as provision of response which is not within the competence of such forces.
(g) planning and advice of security (article 5.1 of the private security Act) activities.
2 within the paragraphs c) and (d)) of the previous paragraph, understood the keeping, transport and distribution of explosives, without prejudice to the activities of the manufacturers, distributors and consumers of such products.
3 security companies may not devoted to the manufacture of material security, except for its own use, exploitation and consumption, nor the marketing of such material. And companies engaged in these activities may not use, such as name or description of its nature, the expression 'Undertaking of security'.
4 are private companies, staff and the security services subject to this regulation, whose activities are legal consideration of subordinate and complementary activities with respect to the public safety.
Article 2. Mandatory registration and authorization.
1. for the provision of services and the pursuit of those activities listed in the preceding article, companies must meet the specific requirements in article 7 of the law 23/1992 of 30 July, private security and be registered in the register of companies of security of the Directorate General of police and authorized, following the procedure regulated in articles 4 et seq. of this regulation.
2 are exempted from compliance with the obligation to incorporate as societies: to) security companies who have exclusive purpose the installation or maintenance of equipment, devices and security systems and which constitute with autonomous territorial scope.
(b) the security companies which have as their sole object planning and advice of security activities.
3. in the registry, with the serial number of registration and authorization of the company, it shall contain its name, tax identification number, date of authorization, address, kind of society or legal form, activities for which it has been authorized, territorial scope and legal representative, as well as modifications or updates of the listed data.
Article 3. Territorial scope of action.
Security companies will limit their performance to geographic, regional, or State level to enroll in the registry.
Article 4. Authorisation procedure.
1. the authorisation procedure will consist of three phases, which will require specific documentation and will be subject to actions and successive resolutions, considering only permanently enabled security companies when they obtain the authorization of entry into operation.
2. Notwithstanding the provisions in paragraph, at the request of the undertaking concerned may develop jointly, without solution of continuity, the first and the second of the above phases, and even the whole of the authorisation procedure.
In this case, next to the request should be accompanied by corresponding to the different phases to stop documentation which prompted the joint processing.
Article 5. Documentation.
1 the authorisation procedure will begin at the request of the company or person concerned, which should be accompanied by the following documents: to) initial phase of presentation: 1 if it's societies, certified true copy of the public deed of incorporation, which must include the nationality Spanish where it intends to provide services with security personnel, its social object that it will be exclusive and matched with one or more of the services or activities referred to in article 1 of this regulation, and ownership of the share capital, which will be fully disbursed and represented by nominative titles, and certificate of registration, or note of statutory registration of the company in the commercial register or, where appropriate , in the register of cooperatives that corresponds.
2. Declaration of the kind of activities aimed at developing and territorial scope.
Not any company whose name misleading of other already registered or with the bodies or Government agencies, can formulate prior to registration queries, to avoid such error shall be entered in the register.
(b) second phase, documentation of prerequisites: 1 inventory of material means available for the exercise of their activities.
2. proof of title under which has the properties that are registered and other local company.
3rd if it's societies, personal composition of organs of administration and management.
(c) third stage, of documentation and resolution: 1 if necessary, certificate of registration of the deed of incorporation of the company in the register or the register of cooperatives concerned, if it had not occurred previously.
2. accreditation certificate for the installation of a security system, the characteristics to be determined by the Ministry of Justice and Interior.
3rd proof of registration in the tax of economic activities.
4th explanatory memorandum of the plans of operations that have to adjust various activities seeking to carry out.
5 staff relationship, expression of its category and number of national identity document.
6 copy of policy that documents a contract of indemnity insurance, with insurance company legally authorized, in order to cover, within the quantitative limits set out in the annex to this regulation, the risk of birth by the company secured on the occasion of the holding of the activity or activities to which that undertaking is authorised of the obligation to compensate a third party damages which occur during the period of activity, although manifested after the cessation of the same, consisting of bodily injury, illness or death caused to natural persons, as well as the economic damages that are result of the bodily injury, death or illness; damage to goods object of protection, which have their origin in breach of the regulations or in professional negligence of the company of security or its employees.
The policy of the contract should contain a clause that force insurer and insured to notify the General Directorate of police, the termination and any other circumstances that may give rise to the completion of the contract, at least thirty days prior to the date on which such circumstances shall take effect.
In not regulated explicitly in this regulation, the liability insurance contract shall conform to the provisions of articles 73, following and matching of the insurance contract Act.
7th supporting documentation of security, have lodged in the form and conditions prevented in article 7 of this regulation.
2 documents prevented in the preceding paragraphs will be adapted to accredit the fulfillment of specific requirements that for each type of activity required for security companies, pursuant to the provisions in the annex to this regulation.
3. without prejudice to the inspection and control functions that correspond to the national police force in the field of private security, the mandatory report from the Directorate General of the Civil Guard on the suitability of installation of the gunsmiths have for security companies, where appropriate, must be issued at the request of the General Directorate of police and promptly joined the registration record.
Article 6. Enabling multiple.
Companies wishing to engage in more than one of the activities or services listed in article 1 of this regulation, shall accredit the General requirements, as well as specifics that could affect them, with the following peculiarities: to) which refers to head of security, which may be unique to the different activities.
(b) those relating to social capital, civil liability insurance policy and guarantee: If you are to perform two activities or services, will justify the greater of the quantities demanded by each of the three concepts. If they want to perform more than two activities, greater equity, the corresponding liability policy, and guarantee, will increase in an amount equal to 25 per 100 of those required for each of the remaining classes of services or activities.
Article 7. Creation of security.
1. the security companies shall constitute a guarantee in the General case of deposits, at the disposal of the authorities with the punitive powers, in order to ensure the fulfilment of the obligations assumed on the occasion of its operation and, especially, the payment of fines.
2. the warranty will be in some of the provisions laid down in the regulatory legislation of the General deposit box, with the requirements laid down therein.
3. the warranty shall keep the amount maximum amount throughout the period of validity of the authorization, with whose purpose quantities which, in their case, have detraído for the purposes specified in paragraph 1 of this article shall recover in within a month from the date that been executed for acts of disposal.
Article 8. Correction of defects.
If the initial application, or which initiate successive phases when the procedure consists of two or three phases, were defective or incomplete, it shall request the applicant so it remedy the lack or attach the mandatory documents, with a warning that, otherwise, and once after ten days without completing the requirement, shall you be withdrawn and filed record.
Article 9. Resolutions and resources.
1. the inspecting administration accordingly resolved the different phases of the procedure within a period of two months from the date of entry of the application in any of the records of the competent administrative authority, notifying the person or entity concerned, specifying, with respect to the registration and authorization of the activity or activities that can develop, territorial scope and number of registration and authorization assigned.
2. If, within the two-month period determined in the preceding paragraph, be understood in any of the stages of the procedure that the company does not meet the requirements, it will be resolved to deny the request, with an indication of the resources that can be used against the refusal.
3. Notwithstanding the provisions of the preceding paragraph, if you limit expires the deadline for a resolution and the competent authority had not issued it expressly, can understand is rejected the request, allowing the person concerned lodged against this alleged rejection resources from.
Article 10. Registry coordination.
1. the record established in the Ministry of Justice and Interior will be the registration General de Empresas de Seguridad, which, apart from the information corresponding to the companies who in the same register, will be incorporated to the companies listed in the records of the autonomous communities with competence in the matter.
2. for the purposes of the provisions of the preceding paragraph, the competent bodies of autonomous communities mentioned should be sent promptly to the General Register of security companies copy of inscriptions and annotations that carried out on companies security registered and authorised, as well as its amendments and cancellation.
3. all information and documents incorporated in the General Register of security companies will be at the disposal of the competent bodies of the autonomous communities for the exercise of their functions in the field of private security.
4. the numbering systems of records, General and regional, of security companies will be determined coordinated, in such a way that the registration number of a security firm may not coincide with any other.
Chapter II modifications of registration and cancellation section modifications of registration article 11 1. Assumptions of modification.
1. any variation of the data incorporated into the register of security companies, listed in article 2(3) of this regulation, shall be subject to the corresponding record modification.
2. the security companies may request amendments to its registration referred to such data, and in particular to enlargement or reduction of activities or territorial scope.
3. in any cases of modification, requirements, documentation to contribute and the procedure must comply with provisions in the previous chapter and in the annex to this regulation.
4. If at the time of application or during the proceedings, the company were followed him administrative record for loss of the requirements, human resources or material or technical means allowing the registration or authorization, the two procedures shall be object of accumulation and joint resolution.
SECTION 2 cancellation article 12. Causes of cancellation.
1. the requirements, resources human and material and technical resources required for the registration and licensing of security companies must be kept during all the time of validity of the authorization.
2 the registration of security companies for the exercise of the activities or the provision of services referred to in article 1 of this Regulation shall be cancelled, the Minister of Justice and Interior, for the following reasons: to) their request.
(b) loss of any of the requirements, human resources and material or technical means required in the previous chapter and in the annex to this regulation.
(c) compliance with the sanction of cancellation.
(d) inactivity of the company's security during the period of one year.
Article 13. Effects of the cancellation.
1. the cancellation of the registration of security companies will determine the release of the guarantee regulated in article 7 of this regulation, once fulfilled the obligations referred to in paragraph 1 of that article.
2 shall be the release of the security when the company has outstanding economic obligations to the Administration, or when instructed disciplinary record, until its resolution and, where appropriate, to the fulfillment of the sanction.
3. However, you can reduce is guarantee, taking into account the expected scope of obligations and liabilities outstanding.
4. in the event of cancellation for inactivity, the resumption of activity will require resolution of a new authorisation procedure and instruction.
Chapter III operation section 1 common provisions article 14. General obligations.
1. in the development of their activities, security companies come to special help and collaboration with the forces and security bodies. For this purpose they must notify those forces and bodies all circumstances and information relevant to prevention, the maintenance or restoration of public safety, as well as offences of which they have knowledge in the development of such activities.
2 it must always be performed with the appropriate guarantees of security and reserve the provision of services for the protection of people, deposit, custody and treatment of valuable objects, and especially those relating to transportation and distribution of valuable objects and explosives or other dangerous items, with respect to its programming as well as your itinerary.
3. the services and security activities must be carried out directly by the staff of the company contracted for its provision, and this can subcontract them to third parties, unless you do so with companies registered in the corresponding registers and authorised for the provision of services or activities subcontracted, and met the same requirements and procedures prevented in this regulation for the recruitment. Subcontracting will not produce exoneration from liability of the contracting company.
4. not be enforceable the requirement of identity of dedication, in the event of subcontracting with businesses for surveillance and protection of goods, provided for in article 49.4.
Article 15. Start of activities.
Once registered and approved, and before entering into operation security companies will communicate the date of commencement of its activities to the General Directorate of police, which will inform the civil governments and peripheral of the same dependencies or the of the General direction of the Guardia Civil of the place to file. Companies that engage in the exploitation of plants of alarms, should give account, in addition, the date of effectiveness of the different connections to the police units that correspond to respond to alarms.
Article 16. Advertising companies.
1. the serial number of registration corresponding to each company shall appear in documents to use in advertising that will develop.
2. any company can make advertising relating to any of the activities and services to which article 1 of this regulation relates, without be previously registered in the registry and authorized to enter into operation.
Article 17. Opening of branches.
1 security companies wishing to open branch offices or delegations will request it from the General Directorate of police, accompanied by the following documents: to) inventory of material assets devoted to the pursuit of activities in the delegation or branch.
(b) proof of the title under which the property or properties intended for the delegation or branch is available.
(c) relation between the staff of the delegation or branch, expression of his post, category and number of the national identity document.
2 security companies should open delegations or branches, giving knowledge to the General Directorate of police, with contribution of the documents mentioned in the preceding paragraph, when performing any of the following activities in provinces other than the one where their head office is located: to) deposit, custody, counting and sorting coins and banknotes, securities, as well as custody of valuables explosives or dangerous objects. These delegations must have the requirements of provision of security guards of safety, gunsmith or safe, and camera vault and local vintage, referred to in paragraphs 3.1. b) and 3.1. c) of the annex for valuable and dangerous objects, and with the provision of security guards of safety and gunsmith, or safe, referred to in paragraphs 3.2. b) and 3.2. c) of the annex with respect to explosives.
(b) monitoring and protection of goods and businesses, when the number of guards of security providing service in the province is greater than thirty and the duration of the service, in accordance with the contract or the extensions of this, is equal to or greater than one year.
Article 18. Characteristics of the vehicles.
The vehicles used by security companies must have the characteristics referred to in article 1.d) of this regulation, not having lanza-destellos or acoustic systems designed to obtain right of way for the purposes of road traffic.
Article 19. Libros-Registros.
1 security companies must take the following libros-registros: to) registration of contracts, in which the Charter will be reflected by companies, with indication of number of order, date, contract number, kind of activity under the same, person or entity contracting and home, as well as the life of the contract.
(b) registration of security personnel, in which shall be entered, with respect to the staff of the company, the number of order, surname and name, office or function class, dates of high and low in the company and Social Security, as well as the number of membership of the same and the professional identity card number and the date of issue.
(c) undertakings which are required to have installed security system, book-catalogue of security measures, in which, after the diligence of empowerment, their initial leaves will be allocated to the enumeration, description of apparatus, equipment and instruments installed, location of installation and subsequent amendments; the rest of the leaves of the book devoted to the annotation of mandatory reviews, with their dates, observed deficiencies and remedy dates; as well as troubleshooting produced between revisions, and dates of the notice of these and their arrangement or troubleshooting.
(d) registration of communications to the forces and security bodies, in which shall be entered few carried out on aspects related to citizen security, date of each communication, body he headed and indication of its contents.
2. the format of the profiled libros-registros shall comply with standards respectively adopted by the Ministry of Justice and Interior, so that can be mechanized and computerized file and its treatment.
3. both the registry of a general nature and specifics that are determined in this regulation for each activity, will be at the Head Office of the company and in its offices or branches, and must always be available to the members of the national police and the corresponding autonomous police, responsible for its control.
4. in the absence of the director, administrator or Security Chief, the listed registry shall be by the personnel in the company that will be designated for this purpose, during inspections involved members of the above-mentioned body or police.
Article 20. Service contracts.
1. the security companies will present contracts that materialize their benefits, at least for three days from the date of its entry into force, in the Provincial police station or police premises of the place where the contract is concluded, or, in the places where these do not exist, in the barracks or posts for the Civil Guard They shall send them urgently to the relevant Commissioner. Amendments to such contracts shall be made with the same prior to the indicated police bodies.
Format of contracts shall comply with the regulations established by the Ministry of Justice and Interior, without prejudice to the possibility of addition of complementary agreements for aspects not covered by this regulation.
2. in those cases in the contracts concluded with public administrations or are pending before the same bodies, not being possible to submit formalized in a timely, security companies must provide advance notice specified in the preceding paragraph authorized copy, or statement of the company, of the offer made, for knowledge of the circumstances that relate its provisions , by the bodies responsible for inspection and control, without prejudice to the submission of the contract as soon as it has concluded.
3. when exceptional circumstances of theft, fire, damage, catastrophes, social conflicts, breakdowns of the security systems or other causes of similar gravity or extraordinary urgency, do necessary providing immediate services whose previous organization would have been objectively impossible, they shall be communicated by the procedure faster available, before the provision of services, the data that have to be incorporated into the respective registration the corresponding Police Department, stating the determining causes of the urgency, and being forced the company to introduce the mandatory contract within the 48 hours following initiation of service.
Article 21. Contracts with defects.
When contract or the offer of services of security companies does not conform to the requirements prevented, the civilian Government be notified of deficiencies, a matter of urgency, to effects that can be remedied in the following ten working days, with a warning of that, otherwise, communication will be archived without further formality, and may not begin to provide the services If the notification is made within three days indicated, or continue the provision, if it had begun, in the event that within ten days of the defect is not rectified.
Article 22. Suspension of services.
Irrespective of the provisions of the preceding article and the responsibilities to any place, where the provision of the service seriously infringes the rules governing the security of private, or the service does not conform to contractual clauses, Civil Government may, at any time, order the immediate suspension of service for the time required for its adaptation to the standard.
SECTION 2 companies registered for surveillance activities, protection of persons and property, deposit, transportation and distribution of valuable objects, explosives or dangerous objects article 23. Adequacy of services to risks.
The companies registered and authorized the development of the activities referred to in paragraphs a), b), c) and d) of article 1 of this regulation, before formalizing the hiring of a security service, they must determine responsibility the adequacy of the service with respect to the safety of persons and property protected, as well as the staff of security that is providing the service taking into account the risks to be covered, formulating, therefore, in writing, from indications.
Article 24. Communication between the headquarters of the company and security personnel.
Companies must ensure communication between its headquarters and the personnel who perform the following services: to) monitoring and protection of industrial parks or residential areas.
(b) transport and distribution of valuable or dangerous objects.
(c) custody of keys in vehicles, in response to alarm services.
(d) those others who, due to their characteristics, are determined by the Civil Government of the province.
Article 25. Gunsmiths.
1. in places where is serviced vigilantes with weapons security or protection of certain persons, except in those cases in which the length of service not exceeding one month, shall exist dealers who must be approved by the Civil Government of the province, following a report of appropriate weapons and explosives of the Guardia Civil intervention After checking compliance with the security measures determined by the General Directorate of the Civil Guard.
2. in these places, there must be a registration of entry and exit of weapons, designed so that possible treatment and file mechanized and computerized, in which shall be entered, each relay that takes place in the service, deposited weapons, weapons that carry the vigilantes, and data remaining to be determined in the corresponding model.
3 the registered office of companies of security or that of its offices or branches, as appropriate, must be deposited a key of such dealers.
4 when in the case of the special services defined in article 82.2 of this regulation, the use of the gunsmith may be replaced by the use of the safe of the premises, guarding the gun in a locked metal box. This metal box wrench should be in possession of the caretaker, and a copy deposited in the domicile of the security company or of its delegation or branch.
Article 26. Weapons regulations.
1. regulatory weapons that have to carry and use for security, private escorts and private guards of the camp, in the exercise of its functions, will be acquired by the companies and will be your property.
2. for legal possession of such weapons, in numbers not exceeding that allow licenses obtained by staff pursuant to the regulation of weapons, security companies will have to apply for and will need to get nuclear weapons membership guides of the relevant bodies of the General Directorate of the Civil Guard.
3. in addition to weapons that possess for the provision of services, security companies must have weapons in number equivalent to 10 per 100 of the of security guards, so that these can be shot mandatory exercises. The General Directorate of the Civil Guard will inform to the police, and, where appropriate, the police of the corresponding Autonomous Community, the number and kinds of weapons that businesses have on each of their premises.
4. the personnel referred to in paragraph 1 of this article will be mandatory shooting exercises at the date to be determined by the security companies, under the supervision of the Civil Guard, according to the instructions that is providing the General direction of the body.
5 in the galleries of shot in which are carried out exercises, which will be authorized in accordance with provisions in the regulation of firearms, both if they own as if they are non-security companies, security, private escorts and other personnel of private security guards have for handling and processing practices in the use of weapons and always in the presence and under the direction of the head of security or a shot, both accredited competition instructor.
SECTION 3 protection of article 27. People and authorized companies.
The activity of protection of persons can only be developed by private bodyguards integrated into security companies, registered for the exercise of such activity, and which shall be previously obtained specific authorization for each recruitment of protection service, in accordance with the following articles.
Article 28. Application, processing and resolution.
1 protection services must be requested, directly by the person concerned or through the company of security that is intended to take care of providing them, whether they are in favour of the person concerned or persons having under his custody or custody or whose safety was responsible.
2. the procedure shall be dealt with urgently, and in it there will be obtained in the General Directorate of the Civil Guard report, when appropriate, taking into account the places where there are mainly carried out the activity.
The request, which shall apply to the Director general of police, shall set forth the specific risks of persons to protect, assessing their severity and probability and accompanying data or reports deemed relevant to justify the need for the service. Also, when authorisation is requested personally, will be expressed in the application security company which is intended to take care of lending it.
3. the Directorate General of the police, considering the nature of the risk, severity and probability, will determine whether the provision of the service of protection is necessary or whether, on the contrary, it is sufficient measures of self-protection. Personal protection services shall be authorized, express individually and in exceptional cases, when, in view of the circumstances expressed are essential and cannot be met by other means.
4. the resolution you remember the granting or denial of authorization, which will have to be motivated, will determine the period of validity of the same, will incorporate constraints on their form of delivery, shall state if it is to be provided by one or more bodyguards with corresponding weapons, and will be communicated to the person concerned and the security company.
Article 29. Provisional authorisation.
When based on the request and information submitted pursuant to paragraph 1 of article 28 needed, taking into account the circumstances and urgency of the case, you may be granted immediate provisional authorisation for the provision of personal protection, for the time required until the final decision can be taken.
Article 30. Delivery and completion of the service.
1. the responsible security company shall inform the General Directorate of police escort staff composition, as well as its variations as soon as they occur, reporting if relieved bodyguards, which replace them and the causes of the replacement.
2. companies that perform these services take a registration of bodyguards, whose format conforms to rules to be determined by the Ministry of Justice and Interior, in such a way that it may be subject to treatment and file mechanized and computerized, on which are indicated personal protection, with indication of the following data services: order number, date of authorization , temporary extension of the provision, and, where appropriate, the extension date of completion, name and activity of protected persons, and the name and surname of private escort or escorts who provide the service.
3. the services of protection of persons may be extended, at the request of the applicant, when appropriate it under the circumstances which apply.
4. the security company shall inform the General Directorate of police the end of the service, as well as its causes, within the period of the forty-eight hours from the time of that.
5. simultaneously to the notification of authorisations granted, the General Directorate of police shall notify the corresponding units of the forces and bodies of State security the authorizations granted, the data of the protected persons and the escorts responsible for services, as well as its date of initiation and completion.
SECTION 4 deposit and SAFEKEEPING of valuable or dangerous and explosive objects article 31. Special features of these services.
1. in contracts in which the provision of deposit and custody services is concluded shall state the nature of the objects that are to be deposited or guarded and, where appropriate, classified, as well as an assessment of them.
2. companies engaged in the provision of these services will be a registration of deposits, whose format shall conform to standards that are approved by the Ministry of Justice and Interior, so that it can be subject to treatment and machining file and computerized, which will be recorded deposits order number, the name or business name of the beneficiary of the service , date and time of entry and exit, number and, where appropriate, valuation of objects.
5th transport and distribution of valuable or dangerous and explosive objects section article 32. Vehicles.
1. the provision of the services of transport and distribution of valuable or dangerous objects must be in armoured vehicles of the characteristics to be determined by the Ministry of Justice and Interior, when quantities, the value or the endangerment of the transported exceeds the limits or meet characteristics also established the Ministry, without prejudice to the competences that correspond to the Ministry of industry and energy.
When the characteristics or size of objects, specified by order of the Ministry of Justice and Interior will prevent or make unnecessary transportation in armoured vehicles, this can be made in other vehicles, with adequate protection in each case, determined in such order or for each specific case, generally by the Civil Government.
Jewelry travellers only may carry reproductions of jewelry or precious objects whose sale promoted, or original parts, when its value as a whole does not exceed the amount determined by the Ministry of Justice and Interior.
2. the characteristics of the vehicles of transport and distribution of explosives shall be determined taking into account the rules of transportation of dangerous goods (TPC), provisions for such materials.
Article 33. Staffing and functions.
1. the endowment of each armored vehicle will be composed, at least by three guards of security, one of which will be exclusively the role of conductor.
2. for transport operations, upload and download, the driver will be responsible for the control of opening and vehicle communication devices, and will not abandon it; keeping the engine running when on city streets or open areas. Carry out the work of loading and unloading another vigilante, taking charge of its protection during operation the third member of the Endowment, which will carry the weapon determined in accordance with the provisions of article 86 of this regulation to the effect.
3. the allocation of each vehicle in transport and distribution of explosives will be integrated by two security guards of explosives, which will alternate performing the functions of driving, protection, loading and unloading, the protection function and must be permanent.
Article 34. Roadmap.
1. the operations of loading and unloading, making each vehicle shall be entered daily in a roadmap, which shall include the following data: the vehicle registration, beneficiary of the service, places where takes place, date, time, nature, quantity and valuation of the items delivered or picked up.
2. the roadmaps will be numbered correlatively and they shall be signed by all guards staffing, before kicking off the service and at the end of it.
3. with roadmaps will provide monthly a registration of transport for each vehicle, which will be retained for a period of two years unless.
4. in the case of transport and distribution of explosives, the road map will be replaced by similar documentation that, for the movement of such substances is regulated in the regulation of explosives.
Article 35. Notetaking.
In addition to the registration of transport to that referred to in paragraph 3 of the preceding article, the enterprises engaged in the transportation and distribution of securities, will be, in your case, a notetaking, whose format shall conform to standards approved by the Ministry of Justice and Interior, so that can be mechanized and computerized, file and its treatment in which securities received to make effective must be entered daily and must be included in the annotation the name or business name and the tax identification number of the person who entrusted the collection, number of each title, entity in charge of which was fought, dates of issuance and perception of the amount, and person who took charge of the cash.
Article 36. Advance notice of the transport.
Provided that the amount and importance of the funds, securities or objects exceed the amount or the endangerment of the objects meet characteristics determined by the Ministry of Justice and Interior, transportation must be communicated to the corresponding unit of the General Directorate of police, if it is urban, and the General Directorate of the Civil Guard If it is long distance, twenty-four hours in advance at the beginning of the realization of the service.
Article 37. Other means of transport.
1. the transport of funds, securities and other property or valuables can be made by air, using the ordinary services of air carriers or own flight equipment.
2. when there are safe and special security service at the airport, you can instruct these services of the operations of loading and unloading of goods or valuables with the precautions indicated in the following paragraphs.
3. when there is no safe or security services at the airport, the armored vehicles of the security firms, previous billing in the area of security of the cargo terminals, will head, with your labeling of safety and regulatory weapons, to the point from which can be done directly load packages and luggage in the aircraft-watchers and must remain in the same place until the locking-sealing of the winery.
4. in the discharge shall be adopted similar security measures, and supplied guards be present with the armoured vehicle at the time of the opening of the winery.
5. for the purposes of completing these obligations, the address of each airport will facilitate responsible for transport security companies accreditations and appropriate permissions.
6. similar rules and precautions be followed for the transport of funds, securities and other property or valuables via maritime.
Article 38. Transport of explosives and dangerous objects.
1 security companies can engage in transport or transport of explosives or other substances or dangerous objects protection, which will be carried out complying the stipulated in this regulation, the regulations of weapons and explosives, and what is established in this respect in the regulations applicable to the transport of dangerous goods, and must be adequate security risk to cover.
2. in the case of transport of explosives, these services will be carried out with vigilant safety, that are in the possession of the special qualification prevented the effect in this regulation, must cars be authorized for such purpose by the competent public administration.
SECTION installation and maintenance of equipment, devices and security systems 6th article 39. Material scope.
1 only may perform operations of installation and maintenance of electronic theft and intrusion and fire companies authorized security systems, need not be registered when they engage only in the prevention of fire safety.
2 prohibited the installation of programmed auto-dialers to transmit alarms directly to the dependencies of the forces and security bodies.
Article 40. Approval of material.
1. the material and technical resources, alarm devices and safety devices installed and using these companies, shall be duly approved in accordance with the rules established, preventing security systems installed to cause damage or nuisance to third parties.
2. the external devices, such as acoustic or optical signals, shall incorporate telephone contact from which to adapt the right decision, and the name and telephone of the company that performs maintenance.
Article 41. Staff of the companies.
1. the activities of the companies will be carried out by personnel who possess the required qualifications.
2. in case of replacement of staff entitled, it must communicate to the Directorate General of the police or the competent autonomous community corresponding body, attaching with a certified copy of the title of the new built-in employee, or the title, copy, so that, once certified with the original, it returned to the company.
Article 42. Certificate of installation.
1 security systems facilities must comply with provisions of the regulations for electrical installations in what they are implementing.
2. in the case of installation of mandatory security measures, or when connecting to alarm stations, after the installation, the installation companies shall carry out the necessary checks to ensure that meet its preventive and protective purpose, and that is as with the contracted project and the provisions governing the matter, shall deliver to the entity or establishment a certificate stating the result positive of the checks carried out.
3 If the installation of security will connect to an alarm Center, shall be the characteristics to be determined by the Ministry of Justice and Interior, and the certificate referred to in the preceding paragraph shall issue by both companies, together or separately, so as to ensure its overall functionality.
Article 43. Revisions.
1. contracts for the installation of appliances, devices or security systems, in the event that the installation be mandatory or when connected with an alarm Center, will include the maintenance of the system operating, with preventive checks each quarter, and must not, in any case, after more than four months between two successive revisions. At the time of the installation contract in another post, the assignee of the installation may, however, assuming for itself or service maintenance and completion of quarterly reviews with another security company.
2. in other cases, or where facilities permit physical state and the operation of each of the elements of the system from the alarm Center, preventive revisions will be annually, and may not spend more than fourteen months between two successive.
3. preventive revisions can be made directly by the titular entities facilities, where personnel with the requisite qualification, and the necessary technical means.
4 security companies engaged in this activity and the owners of the facilities will be libros-registros of reviews, whose models conform to standards that are approved by the Ministry of Justice and Home Affairs, so that can be mechanized and computerized file and its treatment.
5. in the book of the security firm is score the number of the contract and date of revision, technical company which it carried out, name, last name or business name of the company customer, his address, deficiencies observed and date of correction. The book of the company client must include the name of the security company, the contract number, the dates of the revisions, the technician who performed them, the deficiencies observed, relief date and the signature of the technician as well as data remaining to be determined in the corresponding model.
Article 44. Troubleshooting.
For the proper fulfilment of provisions of the previous article, installation and maintenance companies must have adequate technical service enabling to properly address failures of security systems whose maintenance has been responsible, even on holidays, within the period of twenty-four hours from the time they have been required to effect. Features of this service and its modifications, companies appropriately inform the General Directorate of police.
Article 45. The system manuals.
1. the companies will provide the user a manual installation that will describe, through drawings and additional explanations, the distribution of pipes, wiring, equipment connections, power lines and alarm, as well as the detail of the elements and equipment installed and used brackets.
2. Similarly, deliver a manual use of the system and its maintenance, which will include the detail of the function performed each device and how to use them separately or as a whole, as well as the preventive and corrective maintenance of equipment or mechanical or electronic devices installed, with evaluation of its useful life, and a relationship of frequent breakdowns and the settings required for the proper functioning of the system.
3. in the event that an installed security system suffers any subsequent variation which change substantially the original, in whole or in part, the contractor or, where applicable, that of maintenance, shall be bound to make new manuals for installation, use and maintenance. If the installation was connected with an alarm Center, the contractor shall also notify the central and certify, in the form which is established in article 42, the result of the checks.
SECTION 7 alarms Central article 46. Connection requirements.
Connecting devices, devices or alarms central security systems will require that the realization of the installation has been carried out by a security registered in the corresponding register company and conforms to the provisions of articles 40, 42 and 43 of this regulation.
Article 47. Information to the user.
Before connecting, operating companies of alarm stations are required to instruct the user of the operation of the service, informing him of the technical and functional characteristics of system and responsibilities that carries its incorporation to the same.
Article 48. Operation.
1. the alarm Center must be attended constantly by the necessary operators for the provision of services, which may not in any case be less than two, and who will be responsible for the functioning of receptors and transmission of alarms that receive.
2. before to communicate to the police service alarms, power plants must check with the technical means at their disposal.
Article 49. Key custody service.
1. operating companies of alarms Central may purchase, complementarily, with holders of the enclosures connected service custody of keys, for which purpose it must have the gunsmith or safe required pursuant to the provisions of this regulation.
2. stations may be, through security, guards services response to alarms, which consist of the transfer of the keys of the property that any alarm, in order to facilitate access to the referred property to members of security bodies and forces.
3. when the number of key escrow services or the distance between the real estate it proves suitable for the company and the police service, that are available, authorization of these, that the keys be guarded by security guards without weapons in an automobile connected by radio with alarm. In this case, the keys shall be coded, being unknown to the security guard carrying them and codes varied periodically.
4. for the services referred to in the two preceding paragraphs, of security utilities of plants of alarms can count on security, without having to be registered and authorized for the activity of surveillance and protection of goods, or to outsource this service with a company of this specialty guards.
Article 50. Disconnection by false alarms.
1. in the event of connection devices, devices or security systems with an alarm Center, regardless of the responsibilities and sanctions to any place, when the system originate more than four false alarms in the term of one month, or twelve in the six months, the civilian Government will require the holder of the protected through the Police Department of the place or demarcation that corresponds, to proceed, as soon as possible, to rectify the deficiencies giving rise to false alarms.
2. for the purposes of this regulation, is considered false all alarm that is not determined by facts susceptible of producing police intervention. The mere repetition of a signal caused by a same fault within twenty-four hours to the moment in which this has occurred will have no such consideration.
3. in case of failure to comply with the requirement, be ordered to the operating company's alarm Center making immediate disconnection of the system with the own plant, for the period that is deemed suitable, you can have up to one year in duration, unless remedied in shortest time deficiencies which lead to disconnection, being the third final disconnection , and requiring a new connection for the fulfillment of the stipulated in article 42 of this regulation. During the time of disconnection, the owner of the property either protected should mute sirens indoor and outdoor security system.
4 while the remaining disconnected as a result of a security system, its holder may not enter into service of centralization of alarms with no security company.
5. without prejudice to the opening of the corresponding record, shall not be to disconnect the security system when its owner is obliged, pursuant to the provisions of this regulation, having such a measure of security.
6. when the holder of the property either protected by security alarms centralization service has contracted and commits it by itself will apply the provisions of paragraph 1 of this article, corresponding obligation to silence the Interior and exterior sirens who possesses this safety system, without prejudice to the liability that would have been incurred in any event.
Article 51. Books records.
1. the exploitation of plants of alarm companies will carry a registration of alarms, whose model conforms to the standards approved by the Ministry of Justice and Home Affairs, so that possible file mechanized and computerized, that, with your order number and your treatment, noted alarms or warnings that you receive, stating date, hour and minute of the alarm its cause, entity or person, location, result of the verification, and unit of security bodies and forces to which communicated, with expression of the hour and minute it was done and observations. The registration may be by electronic means.
2. plants of alarms that have hired key custody service shall indicate in the registration of contracts which of these include that service.
Title II chapter I enabling security and staff training section 1 requirements article 52. Common provisions.
1. the private security personnel will be integrated by: security managers, security guards and private bodyguards who work in security firms, private field guards and private detectives.
2 a effects of empowerment and training, shall be considered: to) the private escorts and guards of explosives and hazardous substances as specialties of the security guards.
(b) guardians of hunting and the maritime Rangers as specialties of the private guards of the field.
(c) the directors of security as a specialty of the heads of security.
3. for the development of their respective functions, private security personnel must previously obtain corresponding enabling the Ministry of Justice and Interior, with the character of administrative authorisation, on record that instruct at the request of the persons concerned (article 10(1) of the L.S.P.).
4. the authorization be documented through the corresponding card of professional identity, whose characteristics are determined by the Ministry of Justice and Interior.
5. the security guards and special guardians of the countryside in its various forms shall have, in addition, a professional primer and a primer of shooting features and annotations to be determined by the Ministry of Justice and Interior. Professional primer and Primer of shooting camp private guardians that are integrated into security companies and security guards must remain deposited at the headquarters of the security company in which they provide their services.
6. from the obligation of having shot primer will be exonerated the maritime Rangers usually providing its service without weapons.
7. the authorization for the exercise of the profession of private detective will require the specific registration regulated by this regulation.
Article 53. General requirements.
For the empowerment of staff and at all times for the provision of private security services, staff will have to meet the following general requirements: to) be of age.
(b) having Spanish nationality.
(c) possess physical fitness and mental capacity necessary for the exercise of the respective functions without developing disease that prevents the exercise of the same.
(d) lack of a criminal record.
(e) not have been convicted of unlawful interference in the field of protection of the right to honour, to personal and family privacy and self-image, in the secret communications or other fundamental rights in the five years preceding the application.
(f) not having been sanctioned in two or four years, respectively, for serious or very serious violation in security.
(g) not have been separated from the service in the armed forces or forces and security bodies.
(h) not exercising control functions of the entities, services or actions of security, surveillance, or research private, or of his staff or media, as a member of the forces and security bodies in the two years preceding the application.
(i) pass tests proving the knowledge and training necessary for the exercise of the respective functions.
Article 54. Specific requirements.
1. in addition to the General requirements laid down in the preceding article, the security personnel shall be, for his Habilitation, those determined in this article, depending on their specialty.
2 security guards and private guards of the camp: to) not to have fulfilled the forty years of age.
(b) be in possession of the diploma of graduate school, graduate in secondary education, professional formation of first degree, or equivalent or higher.
(c) the requirements to carry and use firearms, pursuant to this effect on the Reglamento de Armas.
3. private escorts: in addition to the specific requirements of the security guards, must be a minimum height of 1.70 meters, men, and 1.65 meters, women.
4 heads of security: be in possession of diploma of baccalaureate unified multi-purpose, high school, vocational training of second grade, technical professions, qualifications to be determined, or equivalent or higher.
5 private detectives: to) be in possession of diploma of baccalaureate unified multi-purpose, high school, vocational training of second grade, technical professions, qualifications to be determined, or equivalent or higher.
(b) be in possession of the diploma of detective private, recognised for this purpose in the form determined by order of the Ministry of Justice and Interior and obtained after completing the scheduled lessons and pass the corresponding tests.
(c) not be any active authorities, official at the time of application or during the two years preceding it.
Article 55. Date and accreditation.
The requirements set out in the two preceding articles shall meet on the date of termination of the term of submission of the application for participation in the tests referred to in article 58 of this regulation before the Ministry of Interior, and will be credited in the form specified in the respective notices.
SECTION 2 formation article 56. Previous training.
1. the security guards and special guardians of the countryside in its various forms shall overcome professional theoretical and practical training modules associated with the domain of the powers attributed to them by the law.
Knowledge, abilities, skills, and attitudes to reach in these modules, as well as its duration will be determined by the Ministry of Justice and Interior, prior favourable report from the ministries of education and science, and labour and Social Security, as well as the Ministry of agriculture, fisheries and food with respect to the private guards of the field, and the Ministry of industry and energy with respect to the specialty of explosives and hazardous substances security guards.
2. these training modules will take place in training centres authorized by the Ministry of Interior, and may be supplemented by practical job training modules, evaluated according to criteria to be determined. To its overcoming will extend a diploma, in accordance with the model established.
Article 57. Lifelong learning.
1. in order to keep the level of skill and knowledge necessary for the exercise of functions assigned to the staff of private security, security, through training centers companies authorized to date, they will have to secure assistance from its staff of private security courses, adapted to the different categories of staff, update in subjects who have undergone modification or substantial evolution , or those in which convenient greater specialization.
2. for the security guards, these courses will have least a duration of fifteen days or seventy-five hours; and such persons will receive a refresher course every three years at least.
SECTION 3 procedure for enabling article 58. Tests. Content.
Applicants who have passed the course or courses referred to in article 56 may request their participation in the official tests of knowledge and capacity that, for each specialty, established the Ministry of Justice and Interior and that they focus on social, legal and technical matters concerning the respective functions, as well as, where appropriate, on skill in the handling of firearms.
Article 59. Documentation.
With the application, shall be submitted documents attesting to compliance with the General and specific requirements determined in articles 53 and 54, as well as a certified copy of the diploma of the overcoming of the course or courses, issued by the training center, or own diploma with a copy that, once certified with the original, allows to return it to the applicant.
Article 60. Competent body.
Professional identity cards, once the tests, will be issued by the Director general of the police, except the private guards of the camp in its various forms, which will be issued by the Director-general of the Civil Guard.
Article 61. Arms licenses.
1. to deliver services with weapons, guards from private security and bodyguards, as well as the private field guards shall be obtained license C shaped prevented in the regulation of weapons.
2. the licence will be valid exclusively for the provision of security service, in the certain cases in this regulation; It will be disregarded when its owner is not performing services; It may be temporarily suspended by lack of preparation or negative result of shooting exercises regulated in article 84 of this regulation; and it shall be without effect to stop him in the performance of the post on which you had been granted, anyone who is the cause of the cessation.
Article 62. Enabling multiple.
Notwithstanding the incompatibilities prevented the Act and this regulation, private security personnel can obtain authorization for more than one function or speciality and therefore possess appropriate professional identity cards.
Article 63. Enabling security chiefs.
1. in order to be appointed Chief Security applicants must have played a posts or functions of security, public or private, at least for five years, and will need to obtain the relevant professional identity card, which will have to prove, through the corresponding evidence, sufficient knowledge about the rules governing private security, security services organization and modalities of provision not being applicable provisions of this regulation on training of staff.
2 the empowerment of managers of security will require that applicants meet one of the following requirements: to) found in possession of Chief of security professional identity card.
(b) be in possession of the qualification of safety recognized for this purpose by the Ministry of Justice and Interior.
(c) certify the performance for five years, a minimum of direction or management of public or private security jobs, and pass the corresponding tests on the matters to be determined by the Ministry.
SECTION 4 enabling loss article 64. Causes.
1 private security personnel will lose such a condition by any of the following reasons: to) at his own request.
(b) for loss of any of the General or special requirements referred to in section 1 of this chapter.
(c) for retirement.
(d) for execution of the penalty of definitive withdrawal of the rating.
2 inactivity for more than two years while security personnel will require its submission to new tests to perform functions which are you own (article 10.5 of the L.S.P.).
Article 65. Return of the identity card.
1. in the cases referred to in paragraph 1 of the preceding article, private security personnel shall make delivery, within ten days of your professional identity card and, where appropriate, of the license and the Guide to membership of the weapon, Security Chief or the Chief of staff of the company that provide services , which, in turn, shipped in the dependencies of the General Directorate of police and Civil Guard, as appropriate.
2. the heads of security and special guardians of the field not integrated into security companies will make the aforementioned delivery personally.
3 when a private detective with own office which lose their status, shall deliver at the same time, in addition, except in the event that the activity of the firm is continued by another firm of private detective, the necessary registration pursuant to the provisions of article 108 of the regulation, and deposit in the General Directorate of police concerning documentation to research. Such documentation will remain in the new office of private detective or the General Directorate of police, for a period of five years, at the disposal of persons who had commissioned the research and had right to it; and, within this period, will proceed to the destruction of the same.
Chapter II functions, duties and responsibilities section 1 common provisions article 66. Collaboration with the forces and security bodies.
1. the private security staff will have special obligation of auxiliary forces and security bodies in the exercise of their functions, lend their collaboration and follow their instructions with regard to persons, property, establishments or vehicles whose protection, supervision or custody are responsible (article 1(4) of the L.S.P.).
2. in compliance with this obligation and the provisions of the organic law of protection of public safety, they must notify the forces and bodies of security, as soon as possible, any circumstances or information relevant to prevention, the maintenance or restoration of public safety, as well as any criminal act that had knowledge in the exercise of their functions.
3. the staff of private security which protrudes in the fulfilment of its functions and especially in collaboration with the forces and security bodies, may be awarded honorable mentions, whose characteristics and procedure shall be regulated by the Ministry of Justice and Interior.
Article 67. Principles of action.
Private security personnel will stand in their actions by the principles of integrity and dignity; protection and proper treatment of persons, avoiding abuse, arbitrariness and violence and to act with consistency and proportionality in the use of his powers and the means available (article 1.3 of the L.S.P.).
Article 68. Identification.
1. the private security personnel will have to carry your card of professional identity and, where appropriate, the weapons license and the corresponding membership guide whenever you are in the exercise of their functions, and must show the members of the national police, Civil Guard and the police of the corresponding Autonomous Community or Local Corporation When they were required to do so.
2. also you must identify with their professional identity card when for service reasons, the citizens affected, request without that other cards or plates can be used for this purpose.
Article 69. Custody of weapons and their documentation.
During the performance of the service, security personnel will be responsible for the custody of your badges, weapons that integrate its Endowment, and documentation of these in order to avoid deterioration, loss, theft or subtraction of the same. When such events occur, they should be knowledge of them to the head of security and competent organic units of the forces and security bodies, for the purpose of instruction of the corresponding records.
Article 70. Incompatibilities.
1. the watchmen, within the entity or company which provide their services, exclusively dedicated to the safety function of her position, and may not combine it with other missions (article 12.2 of the L.S.P.). 2. the functions of private, watchful escort of explosives and private detective are inconsistent among themselves and with the other functions of the staff of private security even in the event of multiple enabling. Nor can compatible duties the staff of private security, except for the heads of security, with the exercise of any other activity within the company in performing its services.
2: VIGILANT security article 71. Functions and exercise them.
1 the security guards can only fulfil the following functions: to) exercise surveillance and protection of movable and immovable property, as well as the protection of persons that may be on them.
(b) carry out identity checks of access or inside certain buildings, while in no case they can retain the personal documentation.
(c) avoiding the Commission of criminal acts or offences in relation to the object of his protection. (d) immediately available to the members of security bodies and forces offenders in relation to the object of his protection, as well as the instruments, effects and evidence of the crimes, and can not proceed with the interrogation of those.
(e) carry out the protection of the storage, counting, sorting and transportation of money, securities and valuables.
f) to carry out, in relation to the functioning of plants of alarm, the provision of response services alarms that occur, which does not correspond to the forces and Security Corps (article 11.1 of the L.S.P.).
2 they should follow the instructions which, in the exercise of its powers impart responsible for the forces and security bodies, provided that they refer to persons and goods whose protection and surveillance were responsible for the guards; working with those in cases of suspension of shows, eviction or close interim premises and, in general, within the premises or establishments that provide its service, in any situation where it is necessary for the maintenance and restoration of public safety.
3. in the Organization of services and in the performance of their duties, guards will depend on the Security Chief of the security company in which were enclosed. However, it depends functionally, in your case, the head of the Security Department of the company or entity in which they provide their services.
4. in the absence of the Chief of security, when there are two or more security guards and was not provided an order of priority among them, will assume the initiative in the provision of services watchdog more antique in the establishment or property in which perform the functions.
Article 72. Prior checks.
To be responsible for the service, and if it did not exist responsible for security of the institution or establishment, the guards checked the State of security and communication systems, if any. They must transmit to those responsible for the entity or establishment and the enterprise's security anomalies detected, which must be entered in the librocatalogo of safety measures. They will also warn of any other circumstance of the establishment or property that could generate insecurity.
Article 73. Diligence.
The security guards will have to act with initiative and resolution that the circumstances require, without inhibition or passivity in the service and may not deny, no cause that justifies it, to those who conform to the functions of the office, in accordance with the provisions governing private security.
Article 74. Substitutions.
1. the guards shall be notified to the company in which they are framed, with maximum possible notice, failure to attend the service and their causes, so that one can adopt the relevant measures for its replacement.
2. when, due to illness or other cause, a watchman who was found serving had of being relieved by another, shall notify security of the establishment or property and to the enterprise that is framed, so that they can ensure the continuity of the service.
Article 75. Canine teams.
1. for the fulfilment of their duties, security guards can count on the support of dogs, properly trained and identified and properly controlled, which will fulfill the corresponding sanitary regulation. To that end, security guards must be experts in the treatment and use of dogs and carry the documentation of these.
2. in such cases are to be be canine teams, which avoid risks that dogs may pose to people, while ensuring its effectiveness for service.
Article 76. Preventions and actions in cases of crime.
1. in the exercise of its function of protection of immovable property as well as people who are in them, the security guards should be checks, records, and necessary precautions for the fulfillment of its mission.
2. However, when they reveal the Commission of crimes in relation to the safety of persons or property protected, or when there are rational indications of such Commission, should be immediately available to members of the forces and security bodies to criminal suspects, as well as the instruments, effects and evidence of the alleged crimes.
Article 77. Controls access to properties.
Access controls or in the interior of buildings whose surveillance and security were responsible, security guards may be persons identity checks and, if necessary, prevent their entry, without retaining the documentation staff and, where appropriate, shall take note of the name and number of the national identity document or equivalent document of the person identified subject of the visit and place of the property to which are directed, giving it, when so determined the safety instructions of the property, a credential to allow you access and internal movement, and must remove it at the end of the visit.
Article 78. Suppression of drug trafficking.
The security guards shall prevent the illegal consumption of toxic drugs, narcotics or psychotropic substances inside the premises or establishments or facilities subject to surveillance and protection.
Article 79. Performance on the outside of buildings.
1 guards may only perform their functions inside of buildings or buildings whose surveillance and security were responsible, except in the following cases: to) the transport and distribution of coins and banknotes, securities and other objects that may require special protection for its economic value and expectations that generate or hazardousness.
(b) the handling or use of goods, machinery or valuable equipment that have taken place on public roads or in common use, when such operations, goods or equipment shall be protected by security, guards from outside, immediately surrounding space.
(c) services of answer to the alarms referred to in article 49 of this regulation.
(d) cases of persecution to caught offenders in flagrante delicto, as a result of the execution of their duties in relation to the persons or property object their surveillance and protection.
(e) the situations in which this came demanded on humanitarian grounds related to such persons or goods.
(f) the provision of services for surveillance and protection of ATMs during replenishment of funds or troubleshooting operations, outside regular opening hours to the public in the respective offices.
2. the limitations provided for in the preceding paragraph shall not apply to the services of surveillance and protection of private security of the means of transport and its infrastructures that have specific and unique traffic routes, coordinated as appropriate with the services of security bodies and forces.
Article 80. Service in industrial areas or residential areas.
1 security service belonging to industrial parks or isolated developments commonly developing will be provided by a single company of security and there will be carried out by means of two guards, at least, must be connected with each other and with security by radio communication company and have displacement means suitable to the extension of the polygon or urbanization.
2. the provision of the service in the industrial estates or residential areas must be authorized by the Civil Governor of the province, subject to verification, by a report of the competent units of the forces and security bodies, that meet the following requirements:
(a) that the polygons or housing developments are clearly demarcated and separated from the populated parts.
(b) that there is continuity between different parts of the polygon or urbanization, roads outside them, or by other factors. Where there is or there is continuity, each party must be considered a polygon or autonomous estate for the purposes of application of this article.
(c) that do not perform a public use of the streets of the estate or estate by traffic or frequent movement of vehicles foreign to them.
(d) that the municipal administration has not been made responsible for the management of the common elements and the provision of municipal services.
(e) that the polygon or urbanization has specific and global management allowing the adoption of joint decisions.
3. irrespective of the provisions of paragraph 1, the holders of the assets that comprise the estate or estate may conclude with different security companies protection from their respective premises, buildings or facilities, but in this case security guards shall carry out their functions inside the indicated premises, buildings or installations.
4 when in the fulfillment of its mission at industrial estates or residential areas and independently of the exercise of the function that corresponds to them in access control, were accurate identification of any person, the guards will reflect it in a part of the service, to be then delivered to units of the forces and security bodies.
Article 81. Provision of services with weapons.
1 guards only will play with firearms the following services: to) those of protection of storage, counting, sorting, transport and distribution of money, securities and valuable or dangerous objects.
(b) for surveillance and protection of: 1 centers and military establishments and those of other dependent of the Ministry of defence, in which members of the armed forces to provide service or are intended for use by the aforementioned personnel.
2nd factory, deposits and transportation of weapons, explosives and dangerous substances.
3rd industries or establishments classified as hazardous, according to the laws of activities classified by handling, use or production of flammable or explosive materials that are outright.
(c) in the following places, entities, bodies or buildings, when so provided by the General Directorate of the police in cases involving more than one province, or by civilian Governments, valued circumstances such as location, the value of the objects to protect, the concentration of the risk or endangerment, night or others of similar significance : 1 units of banks, savings banks and credit institutions.
2. centres of production, transformation and distribution of energy.
3rd centers and Headquarters communication repeaters.
4th industrial parks and places where to concentrate storage of raw materials or goods.
5 isolated developments.
6 jewelry, silverware, or places where are manufactured, stored or displayed precious objects.
7th museums, exhibition halls or similar.
8 places of box or where to focus funds, and large supermarkets of casinos.
2. when companies, bodies or establishments or real estate holding entities might perceive that in cases not included in the previous section, service should be provided with firearms, taking into account the circumstances referred to therein, request the corresponding authorization to the General Directorate of police, regarding supraprovinciales cases or civil governments they will solve the appropriate, may authorize the formalization of the contract.
Article 82. The weapons Depot.
1. the watchmen may not carry weapons outside the hours and places of service, time remaining, must be deposited in the gunsmiths of workplaces or, if does not exist, in the business of security.
2. exceptionally, a initiation and termination of the service contract or, in the case of performing special services, substitutions, or mandatory shooting exercises, may carry weapons in anterior and posterior displacement, prior authorization of Security Chief or, in absence thereof, of the head of the security company, which will have to conform to the formalities to be determined by the Ministry of Justice and Interior and deliver them to your deposit in the appropriate Armorer.
For the purposes specified in the preceding paragraph, shall be considered special services those whose duration does not exceed one month.
Article 83. Responsibility for custody of the weapons.
1. the watchmen will be responsible for the conservation and maintenance of the weapons that were assigned, during the performance of the service.
2 the obligation to deposit the weapon in the Armorer of the workplace will be accountable to the watchman and the head of security and on deposit at the Armorer of the vigilant security company and security chief or director of the security company.
3 the lost, stolen or theft of weapons, as well as, in any case, its absence from the dealer when they should be deposited therein, must be given immediately to the dependencies of the forces and security bodies.
Article 84. Shooting exercises.
1. the vigilant security that provide or may provide services with weapons should be a mandatory exercise of shooting in the half, making the number of shots to be determined by the Ministry of Justice and Interior and must not spend more than eight months between two successive fiscal years. The lack of implementation or the negative result of the firing exercise may give rise to temporary corresponding weapons license suspension until the exercise is carried out with positive result.
2. If necessary, for the compulsory exercises of shooting guards that had no assigned weapons, they will move by the boss or security officer of the company that it has such an object, making the transfer with the protection of an armed guard going guns unloaded and separated from the cartridges, according to the regulation of weapons.
Article 85. Periodic psychological testing.
The guards that provide or may provide service with weapons should exceed, every five years, psychometric testing to be determined by the Ministry of Justice and Interior, periodicity, which will be biennial from fifty-five years of age, whose result will be communicated to the intervention of weapons. In case of not performing or overcoming of tests, those interested may not perform services with weapons, owing to delivery of the corresponding licence, for its cancellation, the intervention of weapons.
Article 86. Gun fire and means of Defense.
1 gun intended for security services that have been provided with weapons that will determine the Ministry of Justice and Interior.
2. the security guards wear defense to be determined by the Ministry of Justice and Interior, on the assumptions that are also determined by the Ministry.
3. when guards in the exercise of their functions shall proceed to the arrest and detention of people to put at the disposal of the forces and security bodies, security chief may order the use of shackles.
Article 87. Uniform and distinctive.
1. the functions of the security guards may only be developed wearing the uniform and boasting the distinctive of the charge that are mandatory, which shall be approved by the Ministry of Justice and Home Affairs, taking into account the characteristics of the respective roles of the different specialties of vigilantes and that not be confused with the armed forces or forces and security bodies (article 12.1 of the L.S.P.).
2. the guards will wear the uniform not make use of their badges outside the hours and places of service and shooting exercises.
SECTION 3 article 88 private BODYGUARDS. Functions.
1 they are functions of private bodyguards, with exclusive and exclusionary character, escort, defense and protection of certain persons, who do not have the status of public authorities, prevent subject to assault or criminal acts (article 17.1 of the L.S.P.).
2. the defence and protection of pay must be referred only to life and to people's freedom and physical integrity object of protection.
Article 89. Form for the provision of the service.
In the performance of their duties, bodyguards not may make identifications or arrests, or prevent or restrict the free movement, unless it is essential as a result of an act of aggression or a manifest attempt of aggression to the protected person or the own bodyguards, in such a case must be immediately to the detainee or detainees available forces and security bodies without any sort of interrogation.
Article 90. Use of weapons and shooting exercises.
1 private bodyguards regulatory gun that will determine the Ministry of Justice and Interior.
2 carry weapons with discretion and without ostentation, and may use them only in case of aggression to the life, physical integrity or freedom, and according to criteria of proportionality with the medium used for the attack.
3. the private escorts may carry their weapons only when they are in the exercise of their functions, and must deposit them, upon completion of each service, the dealer of the company to which they belong, or in the place of work or residence of the protected person.
4. when for reasons of working they were, at the end of the service, in town other than the one in which is situated the headquarters of his company, gun shall be deposited in the Armorer of the delegation of the company, if he had it. Otherwise, the weapon shall be under the custody of the escort, with authorization, pursuant to article 82 of the company's security chief.
5 private bodyguards must be mandatory shooting exercises, once every quarter, and it will be implementing this regulation for security, on number of shots, conservation and maintenance of weapons which they have assigned, as well as provisions regarding the authorization for transfer during compulsory exercises of shooting guards.
Article 91. General scheme.
Private bodyguards would have enforcement provisions for security on guards: to) collaboration with the forces and security bodies.
(b) care in the provision of the service.
(d) conservation of the weapons.
(e) periodic psychological testing.
SECTION 4 Special guardians of the field article 92. Functions.
Special guardians of the countryside in its various forms shall exercise functions of surveillance and protection of property, country estates, hunting grounds, establishments of aquaculture and marine areas protected for fishing purposes.
Article 93. Gun regulation.
1 regulatory gun camp private guardians will be the long gun for surveillance and nursery, determined pursuant to the provisions of article 3 of the regulation of weapons.
2 when the guardian is framed in a security company, it deposited at the end of the service weapon on the dealer, if you have its headquarters or delegation in the town of provision of the service; and, if not, the gun will be in the custody of the guardian.
3. only the surveillance services of hunting grounds and those who authorize the Civil Governor, taking into account the assumptions and circumstances listed in article 81 of this Regulation may provide weapons.
Article 94. General scheme.
The private guards of the camp will be application provisions for security on guards: to) collaboration with the forces and security bodies.
(b) provision of shot primer.
(c) care in the provision of the service.
(e) use of dogs.
(f) controls and actions in cases of crime.
(g) shooting exercises.
(h) maintenance of weapons.
(i) periodic psychological testing.
(j) use of uniforms and badges.
(k) prior to the initiation of services checks.
SECTION 5th security chiefs article 95. Functions.
Security chiefs corresponds them, under the direction of the companies that depend on, the exercise of the following functions: to) the analysis of situations of risk and the planning and programming of the precise actions for the implementation and realization of the security services.
(b) the Organization, management and inspection personnel and private security services.
(c) the proposal of security systems that are relevant, as well as the monitoring of their use, operation and maintenance.
(d) the control of the permanent training of security personnel that they depend on, proposing the measures or initiatives appropriate for the fulfilment of that purpose to the address of the company.
(e) the coordination of the different security services that they depend on actions of civil protection, in situations of emergency, disaster or public calamity.
(f) ensure the collaboration of security services with the relevant units of the forces and security bodies.
(g) in general, to ensure compliance with the applicable safety regulations.
(h) the direction of shooting of security personnel under his command exercises, if possessed the necessary qualifications as shooting instructors.
Article 96. Cases of compulsory existence.
1 security services shall be performed imperatively under the direction of a Chief of security, security companies registered for all or any of the activities in article 1(1), paragraphs to), b), c) and d) of this regulation, and in the delegations or branches open in accordance with the provisions of article 17.2 of this regulation.
2 the control of security services shall be exercised by a director of security: to) in companies or entities which constitute, by virtue of general provision or administrative decision, Department of security.
(b) in workplaces, establishments or buildings that have a security service comprising twenty-four or more vigilant security or private guards of the camp, and whose expected duration exceeding one year.
(c) where this is provided for the General Directorate of police for supranational cases, or the Civil Governor of the province, attended the volume of personal media and materials, both physical and electronic, system security of the institution or establishment, as well as the complexity of their operation and the degree of concentration of risk.
Article 97. Communication with the forces and security corps.
The security chiefs be channeled towards the dependencies of the forces and security corps communications referred to in article 66 of this regulation, and must appear to the briefings and coordination that they are cited by the competent police authorities.
Article 98. Correction of deficiencies or anomalies.
The heads of security shall propose or adopt suitable measures to rectify the deficiencies or anomalies that observe or communicate them guards or special guardians of the field in connection with the services or security systems, ensuring the annotation, in the latter case, of the date and time of the correction in the appropriate book and checking its operation.
Article 99. Delegation of functions.
The security chiefs may only delegate the exercise of the powers to authorize the transfer of weapons or obligation to personally perform the transfer and the concerning communication with the forces and security corps and correction of deficiencies or anomalies, as well as the address and inspection staff and private security services, which would require the approval of the companies , and shall be, where there were no security chief delegate, in person of the service or Department of safety that meet similar conditions of experience and ability than they; communicating to the dependencies of the forces and security bodies the scope of the delegation and the person or persons of the company in which it falls, with expression of the position occupied in the company. They must also communicate to these dependencies any variation that occurs in this regard, and in your case the revocation of the delegation.
Article 100. Communication of highs and lows.
Within the period of five days, the security companies shall inform the General Directorate of police the highs and lows of his security chiefs.
6th private DETECTIVES article 101 section. Functions.
1 private detectives, at the request of natural or legal persons, are responsible: to) obtain and provide information and evidence on behaviors or private events.
(b) in the investigation of offences indictable only upon request on behalf of the entitled in the criminal process.
(c) of the surveillance in fairs, hotels, exhibitions or similar areas (article 19(1) of the L.S.P.).
2. for the purposes of this article, shall be considered behaviors or events private which affect the field labor, economic, commercial, financial and, in general, to personal, family or social life, except that develops in the homes or reserved places.
(3. within the scope of paragraph 1 (c)) are considered covered large supermarkets and the local public's big turnout.
Article 102. Prohibitions.
1 detectives will not do research on ex officio prosecutable offences, and must report immediately to the competent authority any fact of this nature which come to their knowledge and putting at their disposal the information and instruments that could have obtained, related to such crimes.
2. in no case may use for their research personal media or technicians which violate the right to honour, to personal or family privacy, self-image or the secrecy of communications (article 19.3 and 4 of the Act of S.P.).
Article 103. Derestriction of investigations.
Private detectives are bound to strict secrecy of investigations involved and may not provide information on these rather than people who entrusted it to them and to the relevant judicial and police bodies for the exercise of their functions.
Article 104. Special register.
1. by the General Directorate of police will take a record of private detectives with open office, which, with the number of order of registration, it shall bear his name and surname, address social and, if necessary, detectives associated or dependent, in accordance with the applicable provisions of articles 52 to 65 of this regulation-enabled , and delegations or branches that those depend, as well as the trade name using. The General Directorate of police promptly shall communicate these data to the corresponding authority of the competent autonomous community.
2. for the beginning of the development of the functions of the private detective and his partner detective, the opening of the office must be reviewed in the register to that referred to in the preceding paragraph, and candidates must hold the owner and members of the corresponding professional identity cards. No can be advertising of the activities of private detectives without being registered in the registry.
3. the registration of the firm in such registration shall be prior instruction procedure, initiated at the request of the person concerned, which shall prove, if already not so in the body responsible for the registration, compliance with the General requirements that are determined in article 53 of this regulation, and the specifics mentioned in article 54.5 thereof as well as the caused high in economic activities tax.
4. the registration of associated detectives will remember upon request the titular detective of the firm which depend on, attaching, in the event of a labour relationship, proof of discharge of those on Social Security.
5 procedures for registration of offices of private detectives will be les application the provisions of articles 8 and 9 of this regulation, on rectification of defects, resolutions, notifications and resources.
6. the number of order of registration and the date on which it has agreed will be communicated to the person concerned, that it shall that number in your advertising, documents and reports.
7. any variation of the registration data, as well as those relating to dependent or associated detective and delegations or branches, will communicate, within the period of fifteen days of the date thereof, for purposes of possible incorporation into the special register, to the General Directorate of police who shall forward it promptly to the appropriate organ of the competent autonomous community.
Article 105. Societies of detectives.
1. commercial, labour societies or detectives unions shall be constituted only by individuals regulations enabled as such, and must refer to the General Directorate of police, for purposes of registration, copy to authorized in writing of Constitution of the society and certificate or note of registration in the corresponding register, as well as any changes that occur in the composition of the bodies of administration of the society or in the ownership of stocks or shares representing its capital and on increases or decreases in this. Communication should refer to the General Directorate of the police in the fifteen days following the date on which to grant the respective deed or occurs the modification in question, corresponding to the management centre give transfer communication to the competent autonomous community.
2. the members of these societies only may engage in the realization of the activities of the detectives, and may not develop any of the assigned character exclusive to the security companies.
Article 106. Establishment of branches.
Private detectives can establish executive offices or branches in different localities, and must in any case be directed each of them by a detective enabled pursuant to this regulation.
Article 107. Opening of branches.
For the effectiveness of the provisions of the preceding article, shall previously inform the General Directorate of police, which will transfer to the competent autonomous community, the opening of the delegation or branch, with determination of their location and accompanying documents relating to enforcement detectives who go to work in it.
Article 108. Registry book.
In each office and branches, the detectives take a registration, depending on the model that is approved by the Ministry of Justice and Interior, designed in such a way that file and its treatment can be mechanized and computerized, on which are indicated: sequence number of the commissioning of research and its date, name or company name and domicile of the customer and of the person or persons being investigated indication of the topic, date of the commissioning of research, crimes known ex officio prosecutable, and organ were communicated to you.
Article 109. Communication of information.
Holders detectives and partners or dependent, when required to do so by the competent organs of the administration of Justice, and of the forces and security forces, must provide information that had knowledge in relation to investigations that such agencies will be carried out.
Article 110. Liability.
Private detectives will respond civilly liable for actions or omissions, during the execution of its services, incurred by dependent or associated detectives that are linked with them.
Title III security measures chapter I security measures in general section 1 common provisions article 111. Mandatory.
1. in accordance with the provisions in article 13 and the additional provision of the organic law 1/1992, on the protection of public safety, and in order to prevent the Commission of criminal acts, the Ministry of Interior, for supraprovinciales cases, or the civil Governors can order industrial, commercial or service companies to adopt security measures generally or for specific circumstances, set out in this regulation.
2. the works must be carried out in the establishments, for the adoption of mandatory security measures, resulting shall be communicated to the lessor, even though this may not object to them, unless they cause a decrease in the stability or safety of the building. At the conclusion of the contract, the lessor may choose to require the tenant that replace things to the previous state, or preserve the effected modification, unless this can claim any compensation.
SECTION 2 security systems and services article 112. Enumeration of services or systems and determining circumstances.
1. when nature or importance of economic activities that develop businesses and private entities, the location of its facilities, the concentration of its clients, the volume of funds or securities that handle, the value of the collateral or valuable objects that possess, or otherwise make it necessary, the Secretary of State of Interior for alleged supraprovinciales (, or civil Governors, may require a company or entity that adopt, jointly or separately, services or following security systems: to) creation of the Department of safety.
(b) establishment of the service of security, with or without weapons personnel integrated into security guards.
(c) installation of security and protection systems and devices.
(d) connection of security systems with stations of alarms, alien or own, which must be adjusted in its operation to the provisions of articles 46, 48 and 49, and meet the requirements specified in paragraph 6.2 of the annex to this regulation; and can not provide services to third parties if companies or entities are not enabled as security companies.
(2 in all cases there must be Security Department when the circumstances of paragraphs b)) and (c) of article 96.2 of this regulation.
Article 113. Implementation in public bodies.
If deemed necessary the implantation of such services or security systems in companies, entities or public bodies, the Director general of the police for supraprovinciales cases, or the civil Governors rise to the Minister of Justice and Interior proposal for that, agreement with the Ministry or administration that depend on facilities or local need of protection handed down from resolution.
Similarly be by the relevant bodies of the competent autonomous communities, in the case of companies, entities or dependent of the autonomous administration or Local Government agencies.
Article 114. Substitute of security guards service.
When difficulties techniques or lack of appropriate equipment is impossible the connection of the security system with a private alarm central, companies or entities referred to in article 112, which should establish such security system, may be required, by the time credit the technical impossibility, the implementation of the service's security guards , with staff belonging to security companies.
Article 115. Optional Security Department.
Companies, industrial, commercial or services and public and private entities which, without being obliged to do so, intend to organize its Department of security, with all or any of the roles listed in the following article, must notify the Civil Governor of the province, or to the Director general of the police if the scope exceeds the territory of a province.
Article 116. Responsibilities of the Department of security.
Department of security necessarily established, unique to each entity, company or group of companies and competition in all the geographical area in which they act, shall include the management and organization of the security services of the company or group, including, where appropriate, transport and custody of effects and values, corresponding address security or private guards of the camp wardens , the control of the operation of the facilities of physical and electronic systems, as well as the maintenance of these and the management of the information that generate.
Article 117. Director of security.
1 in article 96.2 of this regulation foreseen cases, at the head of the Department there will be a security director designated by the entity, company or group of companies, which perform the functions specified in articles 95, 97 and 98, except those provided for in paragraphs d) and h) of article 95.
2. in those entities and security companies in which the Department of safety is characterized by its great volume and complexity, in that Department there, under the direction of security, which will correspond to the functions of the director of security, the necessary structure, with steps hierarchical and territorial right, in front of which the corresponding delegates will be.
Article 118. Waiver of service of security guards.
1. in cases where, in exercise of the powers conferred by this regulation, the introduction of security guards service is required, the Director general of the police in supraprovinciales cases, or the civil Governors, at the request of the company or entity concerned, shall treat the implementation or maintenance of the service of vigilant security or private guards of the field in the centres or establishments that when certifying the installation and the proper functioning of the safety measures specifically regulated by this regulation.
2. the waiver application will be presented to the authorities, who checked the installation and the proper functioning of such safety measures through the inspection carried out the competent officials of the national police, or, where appropriate, of the Civil Guard Corps, and resolve the appropriate, previously to seek the opinion of the representatives of the employees that they will express it within a period of ten days.
Chapter II security measures specific section 1 banks, boxes of savings and other entities of credit article 119. Department of security and alarm centre.
1. in all banks, savings banks and other credit institutions, there will be a Department of security, which will be responsible for the Organization and administration of the safety of the Bank or credit, in accordance with the provisions of article 116 of this regulation.
2. in addition, these entities must be connected with an alarm or self-employed Center security systems installed in their premises and offices, unless technical difficulties made impossible the connection, in which case will be implementing provisions of article 114.
3. plants of alarms of a credit institution, which must conform in its operation to the provisions of articles 46, 48 and 49, and meet the requirements of paragraph 6.2 of the annex to this regulation, may provide services to other establishments of the same entity or its subsidiaries.
Article 120. Specific security measures.
1. in establishments or offices of credit institutions where funds or securities is guarded, they must be installed, to the extent that is necessary in each case taking into account the circumstances listed in article 112 of this regulation and the criteria established by the Ministry of Justice and Interior, hearing the Central Joint Commission of private security (: a) equipment or recruitment and registration systems, with the ability to obtain images of the authors of crimes against persons and property, carried out in the establishments and offices, allowing the subsequent identification of those, and that they will have to operate during opening hours to the public, unless they require immediate action by the employees of the entity.
Media intended for recording of images have to be protected against theft, and the savings or credit institution shall keep brackets with images recorded during fifteen days at least from the date of the recording, which will be exclusively available to judicial authorities and dependencies of the forces and security corps They shall communicate that immediately those which relate to the Commission of criminal acts.
The contents of the brackets will be strictly reserved, and images recorded only may be used as a means of identification of the perpetrators of crimes against persons and property, and must be unused contents of brackets and the images once within fifteen days from the recording, except that the judicial authorities had arranged otherwise or forces and competent security bodies.
(b) electronic devices, features that are determined by the Ministry of Justice and Interior, with ability to detect the attack to any element of physical security is guarded where cash or securities.
(c) buttons or other means of easy actuation of the alarm signals.
(d) premises box, at least two meters tall and must be closed from the inside during public hours, provided that the staff is inside it, protected by shield armour of the level that is determined and device capable of preventing the attack on persons located inside.
(e) individual control of access to the office or establishment, which allows detection of metal masses, blocking, and automatic doors anchor, and remote control to unlock the system in case of fire or disaster, or emergency supplemental, presence detectors or sensitive feet door available in outlet when using the double-track system , and shielding to be determined.
(f) posters of the size that is determined by the Ministry of Justice and Interior, or other information systems of similar efficacy, announcers of the existence of security measures, with reference expresses to the automatic opening system delayed and, where appropriate, to the permanent system of Imaging.
2 settlements and credit offices in towns with population of less than 10,000 inhabitants, and who also do not have more than ten employees, will be exempted from the obligation to implement the safety measures listed under paragraphs d) and e) of the preceding paragraph.
The remaining offices or facilities, entities shall be located, where appropriate, one of the two security measures included under paragraphs d) and e) of paragraph 1, and may opt voluntarily for any of them. However, the General Directorate of the police in cases which exceed the territory of a province, or the Civil Government, at the request of the interested entity, listening to the representation of workers who will have to express its opinion within a period of ten days, and prior assessment of the circumstances referred to in article 112.1 of this regulation You can authorize the replacement of any of the measures for the implementation of the service's security guards.
3. in the determination of the security measures to be implemented in the offices of credit institutions you located in the delegations and administrations of the State tax administration agency, and to provide service box in the same, the competent administrative authority shall hear previously affected management or delegation.
Article 121. Requirements of the vaults and rental boxes.
The vaults of cash and rent compartments must have the characteristics and the resistance level to be determined by the Ministry of Justice and Interior and equipped with the following security measures: to) mechanical or electronic device which allows the door lock from the time of closure of the establishment until the first hour of the following working day.
(b) automatic opening system delayed that must be activated during the workday, except rental bays Chambers that will have electronic attack detection system connected 24 hours.
The trampones from the vaults, whose purpose is to allow access to its interior in case of emergency, be free of any blockage or timing device when its keys are deposited for safekeeping in another upcoming branch of the same entity or group.
(c) microphone detectors, seismic detectors or other devices that enable to detect any attack through ceilings, walls or floor of vaults or rental boxes.
(d) volumetric detectors.
e) peepholes eye fish or similar devices, circuit closed TV inside, connected with the detection volume or equipped with video, with projection of images on a monitor that is visible from the outside.
These images must be transmitted to the alarm Center or, otherwise, the entity shall have the custody service keys for response to alarms.
Article 122. Safes, cash dispensers and automated teller machines.
1. the safes must have resistance levels to be determined by the Ministry of Justice and Interior, and will be protected with devices blocking, and automatic opening delayed, in accordance with the provisions of the preceding article. When your weight is less than 2,000 kg, will be, in addition, anchored, permanently, in reinforced concrete, on the floor or to the wall structure.
2. for the operation of the establishment or office, boxes assistants, in addition to the drawer where the needed cash for operations is deposited, in his case, will be equipped with elements with possibility of deposit of cash inside, so that it is necessarily subject to opening delayed for extraction.
3 cash dispensers shall be built with materials of the resistance determined by the Ministry of Justice and Interior, and only be installed on the interior of the reserve personnel of the entity, must be connected to the alarm centre during opening hours to the public.
These effects are considered to be cash dispensers which, when being equipped with system of automatic delayed opening and possibility to support income, permit the automated dispensing of cash against currents, accounting accounts or passbooks, free, up to the amount determined by the Ministry of Justice and Interior.
When all the auxiliary boxes are replaced by cash dispensers, will not be accurate installations referred to in article 120.1. d) and e) of this regulation.
4 ATMs must be protected with the following security measures: 1 when installed in the lobby of the establishment: to) access door armoured glazing resistant at least to manual impact of level to be determined, and internal locking device.
(b) device of automatic opening delayed at the gate of access to deposit cash.
(c) earthquake detector on the back.
(2nd when installed in front or inside the inside perimeter of a building, the measures provided for in paragraphs b)) and (c) above.
5. If the ATMs were installed in open spaces, and were not part of the perimeter of a building, must you have cabin anchored to the floor of the characteristics to be determined, and be protected by the measures referred to in paragraph 1 above.
Article 123. Floor plans.
Banks, savings banks and other credit institutions will maintain headquarters floor plans updated all its offices, descriptive of the distribution of the various units and security installations of the different services, and technical reports on the nature of the materials used in its construction. At the request of the forces and security forces units, facilitate them copy of these plans by the more rapid procedure available.
Article 124. Offices of currency exchange and portable modular units.
1. establishments or offices belonging to banks or other commercial, exclusively dedicated to the change of currency, seasonally or permanently, will have minimum security measures provided for in article 132 of this regulation for the administrations of lottery and totalizator betting.
2 Transportable modules, used by credit institutions as establishments or offices, or mobile banks should meet at least the following security measures: to) protection of the area intended for box enclosure and access doors with shielding glass armour of the category and level to be determined, to prevent the attack on staff that is in the interior of the premises.
Box enclosure will be closed from the inside, during public hours, provided that the staff is within the same.
(b) safe with automatic delay and lock, which must be fastened to the structure of the vehicle of the module. Auxiliary box will be fitted with deposit drawer and attached to another delayed opening.
(c) outdoor illuminated signs and buttons of the same on the inside.
d) Alicante posters as those provided for in paragraph (f)) article 120 of this regulation.
(e) service of vigilant security, on the assumption that it does not have surveillance of forces and security bodies or service of security guards of the building or enclosure that is located.
3. the authorization of each unit or module for the operation of these establishments or offices shall be responsible to the Director general of the police or the Civil Governor of the province, depending on whether the territorial scope is supraprovincial or provincial, and must follow the procedure regulated in article 136 of this regulation. A copy of the authorization must be deposited in the relevant unit or module.
Article 125. Exemptions.
The General Directorate of police for alleged exceeding of the territory of a province or, in another case, the civilian Government may exempt entities referred to in this section for all or any of the security measures laid down in articles 120 and, where appropriate, in the 121, 122 and 124, paragraphs 1 and 2 at the request of the interested entity, assessing the circumstances referred to in article 112.1, all of the present regulation. For this purpose, the competent body shall seek the opinion of the representation of workers.
Article 126. Postal box.
The rules contained in this section for credit institutions will force headquarters and offices of the Postal box, but not the offices whose main activity is the provision of public services of Correos y Telegrafos.
2: jewelry, stores, art galleries and antique shops article 127. Applicable safety measures.
1 settlements of jewelry and silverware, as well as those others that are manufactured or exhibit objects of such industry, must be installed, by companies specialized and, if authorized, the following security measures: to) safety deposit box or vault, with the level of resistance to be determined by the Ministry of Justice and Interior, for the custody of cash and precious objects equipped with automatic opening system delayed, which must be activated during the workday, and mechanical or electronic device which allows the door lock, from closing time until early hours of the following business day.
When the safe has a weight less than 2,000 kg, must be anchored, permanently, in a structure of reinforced concrete, on the floor or to the wall.
(b) pushbuttons burglary or other means of actuation of the alarm system that will be installed at strategic locations.
(c) shares in holes that give patios and interior of the building steps, as well as shutters on the outside, without prejudice to the fulfilment of the conditions required by the rules of fire fighting.
(d) armoured door, with impact resistance manual of the level that is determined, all access to the interior of the establishment, equipped with appropriate fences and security locks.
(e) electronic protection of shop-windows, windows, doors and shutters.
(f) electronic devices with capacity for redundant detection of intrusion into the premises of the establishment in which there are cash or precious objects.
(g) seismic detectors on walls, ceilings and floors of the vault or the local where the safe is located.
(h) connection of the security system with an alarm Center.
(i) posters, the size is determined by the Ministry of Justice and Interior, or other information systems of similar efficiency, perfect reading from the outside of the establishment, which is made know to the public the security measures that this has.
2 new opening establishments must install shielded windows, of the level that is determined by windows which expose precious objects, whose value as a whole greater than 15,000,000 pesetas. This protection will also be mandatory for windows or holes that give to the outside.
3 art galleries, antique shops and establishments that engage habitually in exhibition or auction of items of jewelry or silverware as well as antiques or works of art, whose works or objects altogether exceed the value determined, shall take security measures established under paragraphs b), c), d), e) (((, f), h) e i) of paragraph 1 of this article and, in addition, protected with seismic detectors the ceiling and the floor of the building and the walls with other premises or homes, as well as armored glazing of the level that is set in the previous section the windows of establishments of new opening in which objects are displayed by the given amount in the same.
Article 128. Displays or occasional auctions.
1. irrespective of the applicable compliance, persons or entities who intend to exhibit or be publicly auctioned items of jewelry or silverware, as well as antiques or works of art, in premises or establishments not usually engaged in these activities must notify, not less than fifteen days in advance, the Civil Governor of the province where you will be the exhibition or auction.
2 according to the circumstances that apply in each case and collected reports, the Civil Governor may order organizers the adoption, before the exhibitions or auctions, the surveillance and safety measures it deems appropriate.
Article 129. Dispensations.
1 taking into account the reduced volume of business or other circumstances which shall be duly accredited, civil Governors may waive some or all of the security measures envisaged in article 127 of this regulation to establishments whose owners request it.
2. If they find it convenient, said authorities may collect the opinion in respect of the relevant business associations of the province and of the representation of workers.
SECTION 3 service stations and units of fuel supply and fuel article 130. Enumeration of security measures.
1 service stations and fuel and fuel supply units will have a safe with the resistance level to be determined by the Ministry of Justice and Home Affairs, with system or mechanism that prevents removal of the money through the opening to its introduction in the box, and two protected locks. The box will be recessed in a structure of reinforced concrete, preferably on the floor.
2. one of the keys to the safe will be held by the Manager of the business or another employee and the other in possession of the owner or person responsible for the collection of funds, without in any case may strike the custody of both keys in the same person, or people who work together.
3 in order allow returns and necessary changes, each employee of service stations and fuel and fuel supply units only may take in his power, or, in the case of self-service, cash register, the amount of money fixed by the Ministry of Justice and Interior.
4. stations and supply units may provide, warning the public signs in visible locations, user that fuel will only be dispensed by certain amounts of money, in such a way that they can be provided by exact amount without having to make any changes.
5. in cases in which the economic volume, the location of the stations of service or, in general, their vulnerability requires it, the civil Governors may impose the obligation of the companies to adopt any of the services or security systems set out in article 112 of this regulation.
6 shall apply to service stations and units of supply of fuels and fuels the provisions on derogations in article 129.1 of this regulation.
SECTION 4 PHARMACIES, administrations of lottery and TOTALIZATOR betting firms and establishments in game item 131. Offices of pharmacy.
1. all offices of Pharmacy must have a device of type tunnel, swing tray or turntable with insurance, which properly enable customers that they can penetrate the cracks without dispensations.
2. the use of this measure is only mandatory when pharmacies provide night or urgent service.
Article 132. Administrations of lottery and totalizator betting offices.
1 the administrations of lottery and totalizator betting Deportivo-beneficas integrals offices will have an enclosure in which there will be a safe of the characteristics determined in article 127.1. a) of the regulation in which the effects and the cash is team.
2. the part of the enclosure for the public will be totally separate, elements or materials for shielding of the level that is determined, in the area reserved for employees who conduct transactions with the public, which will be permanently closed from the inside, and equipped with devices to prevent the attack on such employees.
3. transactions with the public shall be made through windows with any of the devices listed in paragraph 1 of the preceding article.
(4. independently of the above security measures, the Civil Governor of the province, in the cases referred to in article 130.5 of this regulation, may oblige the owners of these establishments to the adoption of the safety systems c paragraphs refer)) and (d) of article 112, also of this regulation.
Article 133. Local gaming.
1. the security measures laid down in paragraphs 1 and 2 of the preceding article shall apply also to play casinos.
2. to licensed bingo halls, for more than one hundred and fifty players, as well as the halls of game machines authorized for more than seventy-five game machines it will be application the safety measure regulated in paragraphs 1 and 2 of article 130 of the regulation.
Article 134. Dispensations.
It shall apply to this section the provisions on derogations in article 129 of the regulation.
5th maintenance of security measures section article 135. Review. Book-catalogue.
1. for the purposes of maintaining the functioning of different safety measures provided for under this title and the achievement of the purpose of preventive and protective, of each of them, the address of each entity or establishment must have electronic security measures will have review and implementation, on a quarterly basis, these measures by personnel of security companies , or if there is adequate, and must not spend more than four months between two successive revisions, and note revisions and sunsets to carried out in a book-catalogue of the facilities, according to the model that is adopted in accordance with the rules issued by the Ministry of Justice and Interior, designed in such a way that it may be subject to treatment and file mechanized and computerized.
2. where facilities permit physical state and the operation of each of the elements of the system from the alarm Center, preventive revisions will be annually, and may not spend more than fourteen months between two successive.
Chapter III opening of establishments or offices required to have safety article 136. Authorization.
1. when it is intended to the opening of an establishment or office obliged to dispose of the security measures laid down in this regulation, responsible for those will request authorization from the Civil Governor, which instruct officers of the national police or, where appropriate, of the Civil Guard Corps the examination and verification of security measures installed and working properly.
2 If this test is observe shortcomings of the mandatory security measures, mentioned authority shall notify them to the company or entity concerned for its correction. Once the correction is made, will again communicate to that authority for the purposes of verification.
3. the competent authority must be agreed suspension of the opening the establishment or office, while deficiencies not be duly remedied, unless, until it takes place, will implant the service's security guards. However, in the event of not hearing notice within the period of two months from its communication, the entity or company can understand authorized the opening of the store.
4. in cases affecting the suspension of opening savings or credit institutions, the authority that agrees it shall inform the Bank of Spain.
5. as regards the transfer of an establishment or office to a new location in the same population, the competent authority may authorize the opening of this or the operation in the above, that the security measures which are to be transferred, provided that the installation is not delayed more than two months, and must settle in the meantime are installed without the service of security for the time necessary to perform new installation guards.
Title IV Control and inspection chapter i. information and control article 137. Powers and functions.
1 it corresponds the exercise of the jurisdiction of control for the fulfillment of the law 23/1992 of 30 July, private security, the Ministry of Justice and Interior and civil Governors.
2 corresponds to the national police force and, where appropriate, to the Civil Guard, compliance with the orders and instructions which are given by the above bodies, in the exercise of the function of control of the entities, services or activities and the staff and resources in the field of private security, surveillance and research.
3. without prejudice to the provisions of the preceding paragraph, the exercise of the function of control of the actions of the private guards of the camp, in its various forms, corresponds particularly to the General Directorate of the Civil Guard.
4. for the exercise of the powers respectively conferred by law Security private to the General directions of police and Civil Guard, these will be files automated, to record the violations committed and the sanctions imposed in the proceedings if they had been involved in the matter.
Article 138. Annual documentation.
1 during the first quarter of each year, all security companies shall send to the Secretary of State for Interior an explanatory report of activities undertaken in the previous year, which will comprise: to) the relationship of highs and lows in security personnel, with an indication of the data entered in the corresponding registration.
(b) the relationship of services rendered, with an indication of the name of the entity or person that is lent and specification of the nature of the services, determined according to the enumeration contained in article 1 of this regulation.
(c) the summary of submissions made to the forces and security bodies in relation to public safety.
(d) the relationship of aid, collaborations and rendition of detainees to security bodies and forces.
2. Likewise, security companies shall send to the Secretary of State for Interior, during the first half of each year, the annual account summary, which reflect the asset and financial situation of the company.
Article 139. Communication on liability policies.
1. annually, within the same period determined in the previous article, security companies should present to the registry in which were registered accreditation certificate of validity of the corresponding policy that documents the civil liability insurance contract.
2 in all cases of termination of the contract, the company must be arranged promptly, so that there is continuity in the liability coverage, a new policy that meets the requirements set out in article 5.1. c) and in the annex to this regulation, crediting it to the registry of companies of security.
Article 140. Communication of statutory modifications.
1. the security companies will be required to inform the Ministry of Interior change that occurs in the ownership of the shares, participations or contributions and which affect their social capital, within fifteen days of its modification (article 9(1) of the L.S.P.).
2. Likewise, and at same time, they must communicate any modification of its statutes and any variation which befalls in the personal composition of its organs of administration and management (article 9(2) of the L.S.P.).
3. the communications referred to in the two preceding paragraphs must be made through authorized copy of the corresponding deed or document that has been included modifications.
4. when the changes involve the loss of the requirements of managers and directors of security companies, they will cease in their positions.
Article 141. Annual report of private detectives.
Private detectives will have to present a report of activities of the preceding year in which shall be recorded the value of services performed, physical or legal persons with which were concluded, the nature of the services provided, made criminal ex officio prosecutable communicated as a result of his performance in the Ministry of Interior, in the first quarter of each year, , and the governmental organs were communicated to those who.
Article 142. Improvement of the sector.
1 taking into account the information gathered annually through the compliance provisions in earlier articles and in the remaining of this regulation, the Ministry of Justice and Interior: to) will give account annually to the Government and to the Parliament on the operation of the private security sector.
b) shall adopt or promote appropriate general measures to improve the operation and to ensure the achievement of the purposes of the law 23/1992 of 30 July, private security.
2 corresponds to the Ministry of Justice and Interior, through the General Directorate of police, planning, information, advice and coordination of the security of persons, buildings, facilities, activities, and objects of special interest, in the scope of the General Administration of the State and the entities of public law related or dependent on it.
Chapter II inspection article 143. Access of officials.
1. the registry of companies of security and private detectives determined in this regulation will be available to the members of the national police force, responsible for their control, for the inspections to be carried out.
2. companies and the personnel of these private security will facilitate the access of officials of the forces and security bodies competent to the gunsmiths to the object that can perform appropriate checks on the own dealers and weapons containing.
3. the companies of deposit, custody, counting and sorting coins and banknotes, securities and valuable or dangerous objects will provide inspection of the vault in order to make the relevant checks of the data listed in the registry.
4. in the same way, companies, entities and bodies that should have installed devices, systems, or safety, or have protection services provided by security personnel, or security systems connected to alarm stations, must facilitate access to members of the forces and security bodies responsible for survey functions to be covered by this regulation so that they can check at any time the State of the facilities and their operation.
Article 144. Inspections.
1. Apart from the development of schemes of inspection having established, when they will recibieren allegations of irregularities by companies or security personnel, the police services of inspection and control will proceed to the verification of the facts and, where appropriate, the opening of the procedure.
2 always indicated staff inspection of companies in security, public or private establishments, or in offices of private detectives: to) Diligenciará the revised books, stating the deficiencies or anomalies that finds.
(b) carry out precise checks for the finding of the content reflected in books, and companies and security personnel work together to this end.
(c) of each inspection, it will extend the corresponding Act, providing a copy to the head of the establishment.
Chapter III measures article 145. Occupation or precinct.
The competent police officers may agree, immediate and exceptionally, the injunction of occupation or band of vehicles, weapons, material or equipment prohibited, not approved or that is dangerous or harmful, instruments and effects of the infringement, in cases of serious risk or imminent danger to persons or property, and must, for the maintenance of the measure to be ratified by the competent criminal authorities.
Article 146. Withdrawal of weapons.
Regardless of the criminal or administrative responsibilities to any place, competent police officers will be in charge of the weapons and give compliance with provisions of article 148.2 of arms regulation, deposit of which to act or used illegally, in the following cases: to) if the provision of services by armed private security personnel detected When should be without them.
(b) when private security personnel carry weapons outside the places or hours of service, without the appropriate authorization in the cases provided for in this regulation.
Article 147. Suspension of services.
When the competent police officers observed the provision of private security or the use of material or technical means which can cause damage or injury to third parties or to endanger public safety, they will suspend your benefit, should such a decision be ratified by the Secretary of State for Interior or by civilian Governors in within seventy-two hours.
Title V regime disciplinary offences section 1 safety companies article 148 chapter I box. Very serious offences.
Companies may incur the following very serious infringements: 1. the provision of security services to third parties, lacking the necessary, including authorization: to) the provision of security services without registration and authorisation for entry into operation for the kind of services or activities concerned.
b) the continuation of the provision of services in case of cancellation of registration or termination of the liability policy, without booking another within the regulation period.
(c) the subcontracting of services and activities of private security companies that do not have the required qualification for the service or activity concerned, except in the cases permitted by law.
2. the realization of activities prohibited in article 3 of the Act, political or labor conflicts, user control and collection of personal data with such an object or information to third parties about your customers or your staff, in the event that they are not constitutive of offense.
3. the installation of not approved materials or technical means which are likely to cause serious harm to people or to the general interest.
4. the refusal to facilitate, where appropriate, the information contained in the regulatory records books.
5 failure to comply with the regulatory provisions on acquisition and use of weapons, as well as on availability of gunsmiths and custody of those, particularly the possession of firearms by staff at your service out of the cases permitted by law, including: a) possessing weapons other than those determined by law for the service concerned.
(b) the holding of weapons lacking ownership of the same guide.
(c) award to security personnel, weapons that are not those according to the rules established for the service.
(d) the negligence in the custody of weapons, which could lead to their abduction, theft or loss.
(e) lack of gunsmith with the corresponding approval or not make use of the same, in cases where it is required in this regulation.
(f) carrying out mandatory shooting exercises by security personnel without the presence or the direction of the instructor of shooting or, where appropriate, the head of security, or in breach of the provisions to the effect in article 84.2 of this regulation.
(g) providing weapons to staff that lacks the statutory license.
6. the security services with weapons outside the cases provided for in the Act and this regulation, as well as instruct staff that lacks the regulatory licensing services with weapons.
7 refusal to lend assistance or collaboration with the forces and security bodies in the investigation and prosecution of criminal offences, the discovery and arrest of the criminals or the realization of inspection functions or control which they are entitled, including: a) the lack of timely communication to the forces and security bodies of relevant information for prevention maintenance or restoration of public safety.
(b) the lack of timely communication of criminal acts that have knowledge in the development of their activities.
8. the Commission of a third serious offense in the period of one year.
Article 149. Grave breaches.
Security companies may incur the following serious violations: 1. the installation of material or technical means not approved, where the approval is mandatory.
2 the realization of transport with vehicles that do not meet the statutory, including characteristics: to) the use of vehicles with distinctive signs or characteristics similar to the of the armed forces or forces and security bodies or with lanzadestellos or acoustic systems that are prohibited to them.
(b) the realization of services, transportation or distribution without that vehicles have the statutory provision of vigilant security or, in their case, without the necessary protection.
3. the performance of duties which exceed the qualification obtained by the security company or the staff at your service, or out of the place or of the corresponding territorial area, as well as the retention of the personal documentation; the realization of services in industrial estates and housing developments without having obtained authorization expresses the civilian Government or the relevant body of the competent autonomous community, and the outsourcing of security services with companies listed, but not enabled the territory corresponding to the place of performance of the outsourced activity or service.
4 the realization of the security services without formalising or communicate to the competent authority the celebration of the corresponding contracts, including: a) the realization of personal protection services, lacking the authorization referred to in articles 27 et seq. of this regulation, after the established deadline or apart from the conditions imposed in the authorization.
(b) the non-submission of contracts or, where appropriate, offers that materialize their benefits, or modifications thereof, to the competent authorities; failure to do so in due time or do not conform to the regulations of your model or format.
(c) the lack of communication to the competent authorities, within the established period, the provision of emergency services in exceptional circumstances.
5. the use in the exercise of protective functions of persons lacking nationality, qualification, accreditation or certification required, or any other requirements.
6. the neglect or omission unjustified service, within the working hours established by the vigilant security and staff of private security that applying rules of the watchers.
7. the lack of submission to the competent authority of the annual report of activities, in the form and time prevented or with omission of the information required by law and legal.
8 not to transmit alarm signals that are recorded in private stations, transmitting signals with unjustified delay or communicate false incidents, by neglect, poor or lack of prior checking, security bodies and forces including: to) the poor operation of plants of alarms for lack of the necessary staff.
(b) the transmission of alarms to the police without checking them properly and prior.
(c) the transmission of false alarms to security bodies and forces due to lack of adoption of the necessary precautions to avoid them.
(d) the lack of correction of the deficiencies which give rise to false alarms, when it has any been required to do so, and the disconnection of the system that has been properly ordered.
9. the Commission of a third minor violation in the period of one year.
Article 150. Minor offences.
Security companies may incur the following minor infringements: 1. the entry into operation of the security companies without realizing it to the relevant police departments, except where it constitutes a serious or very serious violation.
2. the opening of delegations or branches without obtaining the necessary authorization from the competent authority.
3. the omission of duty to open branches or offices in so-called prevented in article 17.2 of the regulations.
4. the advertising of the company without being registered and approved, and carrying out advertising activities and services or the use of documents or print in their communications, to put on record the registration number of the company.
5. the lack of annual presentation, within the established period, the certificate's validity of the liability policy.
6. the lack of communication to the competent authority, within the period and in the manner prevented, of the changes affecting the ownership of the shares or participations in the capital or to the personal composition of the organs of administration, and any variation in the management of the society.
7. the lack of communication to the competent authority of the information prevented during the provision of personal protection or that relating to the completion of the service.
8. the omission of the duty of confidentiality in the schedule, route and realization of services relating to the transport and distribution of valuable or dangerous objects.
9. the performance of the operations of the transport, loading or unloading of hazardous or valuable objects by means other than the prevented or without taking the necessary precautions for their safety.
10. the performance of services without securing the communication between the headquarters of the company and the staff performing them when it is compulsory.
11. the omission of the warnings or precautions regulations in the transport of valuables by sea or air.
12. the omission of necessary checks or the issuance of the certificate which ensures that security installations comply with the regulatory requirements.
13. the lack of mandatory inspections of security installations without meeting the established periodicity or staff that does not meet the required qualifications.
14. the lack of service necessary to fix faults occurring in appliances, devices or security systems mandatory; or mandatory safety systems, or having it without adequate capacity or efficiency.
15. the breach of the obligation to deliver the installation manual or the operating instructions for the security system or make them available without meeting the regulatory requirements.
16. the provision of services of custody of keys, lacking gunsmith or safe or without complying with the precautions prevented the effect.
17. the performance of security without the proper consistency or media that are statutorily required.
18. the omission of duty to adapt the regulatory libros-registros or the rules governing their formats or models, and the take them regularly and daily.
19. in general, failure to comply with the procedures, conditions or formalities established by the private security act or this regulation, always not constituting crime or serious or very serious violation.
2: private security personnel article 151. Very serious offences.
Staff that carries out tasks of private security, may incur the following very serious infringements: 1. the provision of security services to third parties by staff not integrated in security companies, lacking the necessary qualification, which includes:
(a) provide private security services without having obtained the corresponding professional identity card or registered, when appropriate, in the relevant register.
(b) exercise private security functions other than those for which it is enabled.
(c) open private detective firms or begin their activities without being registered in the regulatory registry or lacking professional identity card.
(d) providing services as detective associated or dependent without being registered in the corresponding register or without having the professional identity card.
(e) the use by the detectives, deprived of the services of personnel not enabled for the exercise of functions of research.
2 non-compliance with the provisions contained in the law 23/1992 of 30 July, private security, and the regulation on possession of firearms outside of the service and its use, including: to) providing armed security services for which its use was not legal or regulations planned.
(b) carry weapons outside normal hours or services places without specific authorisation or do not dispose of them in the relevant dealers.
(c) neglected the care of their weapons or documentations, resulting in their loss, theft or abduction.
(d) not communicate timely security bodies and forces the loss, destruction, theft or abduction of the assigned weapon.
(e) provide weapon other than the regulatory services that can be made with weapons.
(f) retain weapons or its documentation when they cause low in the enterprise to which they belong.
3. the lack of reservation due investigations private detectives or the use of material or technical that infringe upon the right to honour, to personal or family privacy, to self-image or the secrecy of communications, including the facilitation of data on investigations which made to persons other than those entrusted to them.
4 sentence by sentence firm for an intentional offence committed in the exercise of their functions.
5 refusal to lend assistance or collaboration with the forces and security bodies, when appropriate, in the investigation and prosecution of criminal acts, in the discovery and arrest of criminals or in carrying out the inspection functions or control which they are entitled, including: a) the lack of communication to the forces and security bodies of relevant information for public safety as well as offences of which they have knowledge in the exercise of their functions.
(b) omit the collaboration that is required by the forces and security bodies in cases of suspension of shows, eviction or closing of premises and in any other situation that is necessary for the maintenance or restoration of public safety.
(c) the omission of duty to perform relevant identifications, when they reveal the Commission of crimes, or the to provide of security bodies and forces to their authors or instrumentalities or evidence of such.
(d) does not provide to the administration of Justice or security bodies and forces that contains and that are required to information relating to investigations were carried out.
6. the Commission of a third serious offense in the period of one year.
Article 152. Grave breaches.
Staff performing functions of private security may incur the following serious violations: 1. carrying out of functions or services that exceed the obtained qualification, including: to) open executive offices or branches private detectives without meeting the regulatory requirements, communicate it to the competent authority or without accompanying documents.
(b) the completion by private detectives, of functions that do not correspond to, and especially the investigation of offences prosecutable ex officio.
(c) conduct security activities of their profession outside of buildings or properties whose surveillance and protection had entrusted guards except in cases in which is statutorily provided.
(d) the performance of the functions of escort private exceeding the purposes of their protection or identification or arrest of persons unless it is essential for the achievement of these purposes.
e) combine, in the provision of the service, the functions of private security with other than, or exert several private security functions that are incompatible.
2 the abusive exercise of its functions in relation to citizens, including: a) the Committee on abuse, arbitrariness, or violence against persons.
(b) the lack of proportionality in the use of his powers or means available.
3 failure to comply, in the exercise of their professional activity, the duty to prevent or avoid abusive, arbitrary or discriminatory practice involving physical or moral violence in the treatment of people.
4. the lack of respect the honour or dignity of the people.
5 activities prohibited on political and labor conflicts, user control or communication of information to third parties about their clients, persons related to them, or on the goods and effects that envelope, including: a) interrogating the detainees or the collection of data on citizens for the purpose of a user of the same control.
(b) provide to third parties information you know as a result of the exercise of its functions.
6. the exercise of the Trade Union or labour rights regardless of the provisions concerning public services, in the cases referred to in article 15 of the law.
7. the lack of presentation to the Ministry of Justice and Interior, the report of activities of private detectives, in the manner and time prevented or their presentation lacking total or partially of the necessary information.
8. the lack of complaint to the competent authority of the crimes that know the detectives in the exercise of their functions.
9. the Commission of a third minor violation in the period of one year.
Article 153. Minor offences.
Staff performing functions of private security may incur the following minor infringements: 1. the performance without the proper consistency or media that are statutorily required, staff not integrated into security companies.
2. the incorrect or inconsiderate treatment with citizens that are related in the exercise of their functions.
3 not to communicate promptly to record changes in the registration data of the titular detective or detectives associated or dependent.
4. the advertising of private detectives lacking the necessary qualification, and the realization of advertising or using documents or forms, not to put on record the registration number in the register.
5. not to take private detectives prevented notetaking, not take it according to the rules governing models or formats, or not be included the necessary data.
6. do not communicate timely security bodies and forces the loss, destruction, theft or abduction of the documentation relating to the weapons that were assigned.
7. the lack of timely communication by staff of the absences of the service or the need for private security to leave, for the purpose of replacement or relief.
8. the use of dogs in the provision of services, without complying with the requirements, or without taking into account the precautions prevented the effect.
9. do not use uniforms and badges, wherever required, or use them out of the places or hours of service.
10. the delegation by the chiefs of security of not delegable powers or do it in people who do not meet the regulatory requirements.
11 disregard instructions of the forces and security bodies in relation to persons or goods subject to surveillance and protection without just cause.
12. don't show your professional documentation to police officers or not to identify itself to citizens which are linking service, if they were required to do so.
13. in general, failure to comply with the procedures, conditions or formalities established by the private security act or this regulation, always not constituting crime or serious or very serious violation.
SECTION 3 security services users article 154. Infractions.
Natural or legal persons, entities and bodies that use media or hire security services may incur the following offences: 1. very serious offences: the use of alarms, devices or equipment not certified security systems that are likely to cause serious damage to persons or to General stakeholders.
2 serious violations: to) the use of alarm devices or safety devices that are not duly approved.
(b) the recruitment or use of the services of companies lacking the necessary specific enabling the development of the services of private security, knowing that do not meet the legal requirements to the effect.
3 minor offences: to) the use of devices or safety devices without conform to the rules governing them or work with damage or inconvenience to others.
(b) the installation of auto-dialers to transmit alarms directly to the dependencies of the forces and security bodies.
(c) the contract or use of security personnel who lacks the necessary specific Habilitation, knowing that does not meet the legal requirements.
SECTION 4 violations of the security regime article 155. Infractions.
1 holders of the companies, entities and establishments required by this regulation or by decision of the competent authority to the adoption of security measures to prevent the Commission of criminal acts may incur the following violations in accordance with the provisions of articles 23.n), 24 and 26.f), h) and j), of the organic law 1/1992 , 21 February, on protection of public safety: 1 very serious infringements: may be considered very serious offences serious offences, taking into account the entity produced risk or damage caused.
(2nd serious offences: to) proceed with the opening of an establishment or office or start their activities until the competent authority has granted the necessary approval.
(b) proceed with opening or exercise activities of the establishment or office until the mandatory security measures have been taken and are functioning properly.
(c) maintain open the establishment or office without statutorily required security measures work, or unless they do so correctly and effectively.
(3rd minor offences: a) irregularities in records prevented completion.
(b) the omission of mandatory deadline prevented the data or communications.
(c) the disobedience of the mandates of the authority or its agents, dictated in direct application of the stipulated in the organic law 1/1992, of 21 February, developed, where appropriate, according to the rules on security measures in establishments and facilities, provided that it does not constitute criminal offences.
(d) disobedience of the mandates of the authority or its agents, rendered in implementation of the organic law 1/1992 of 21 February, on protection of public safety, provided that it does not constitute criminal offences.
2 also, in accordance with articles 23.n), 24 and 26.h) and j) Law 1/1992 of 21 February, on protection of public safety, the staff of enterprises, institutions or establishments forced the adoption of safety measures to prevent the Commission of criminal acts, may incur the following violations , without prejudice to any liability incurred by the same facts the companies, entities or establishments indicated: 1. very serious offences: may be considered very serious serious offences, taking into account the entity produced risk or damage caused, or the fact that there had been violence or collective threats.
2. serious breaches: the acts that are prohibited or omission that corresponds to them performing, giving rise to mandatory security measures do not work or do it badly.
3 minor offences: those defined in section 1.3. present item, under paragraphs c) and (d)).
Chapter II procedures article 156. General provision.
The sanctioning procedure will be implementing provisions of a general rule in the rules of procedure for the exercise of the powers to impose penalties, approved by Royal Decree 1398 / 1993, of 4 August, with the specifications provided for in the following articles.
Article 157. Initiation.
They have jurisdiction to order the initiation of disciplinary proceedings and adopt, where appropriate, the precautionary measures which determines the article 35 of the law on private security: to) the Minister of Justice and Interior, the Secretary of State for Interior, the Director general of police and civil Governors, in General, and the Director-general of the Guardia Civil regarding offences committed by guards private field in its various forms.
(b) for minor offences: 1 the higher headquarters or police stations, police provincial.
2. the command of the Guardia Civil to those committed by the private guards of the camp in its various forms.
(c) all the organs mentioned, in matters related to security measures, according to the geographical area in which it had been committed.
Article 158. Trainers organs.
1. the statement of the disciplinary procedures for very serious and serious misconduct shall be civilian Governments, unless appropriate civilian Governors exercise of powers to impose penalties.
2. the instruction of the proceedings, in cases not included in the previous section, will correspond to provincial police stations of police and, where appropriate, to the command of the Civil Guard.
Article 159. Report.
In proceedings for misconduct very serious or serious, before formulating the proposed resolution, organ instructor, where appropriate, shall send a copy of the instructed record and will report to the organic unit of the General Directorate of police, which will broadcast it within a period of fifteen days private security interest.
Article 160. Fractionation of the payment.
1 when the punishment is pecuniary nature, the authority that imposed it may agree, upon request of the person concerned, fractionation payment, within the period of thirty days provided legally.
2. If fractionation is agreed payment, this will be through the payment of the penalty in two installments, amounting to 50 per 100 in each of them.
Article 161. Publication of sanctions.
When the special importance or seriousness of the facts, the number of people affected or the convenience of their knowledge by citizens do so advisable, the competent authorities may agree to make resolution of sanction proceedings for serious or very serious breaches of public.
Sole additional provision. Functions of the police of the autonomous communities.
Corresponding and bodies, where appropriate, the police of the autonomous communities with powers for the protection of persons and goods and for the maintenance of public order, in accordance with the provisions of their statutes of autonomy and as provided for in the organic law 2/1986, of 13 March, forces and security corps, shall exercise the powers of authorization inspection and sanction of the security companies that have their legal domicile in the territory of each autonomous community and the scope limited to the same. Also you shall be responsible for the complaint, and brought to the knowledge of the competent authorities, of the violations committed by the security companies that do not have their legal domicile in the territory of the autonomous community or its scope limited to the same. They will also exert faculties in private security arising from the additional provision of the organic law 1/1992 of 21 February, on the protection of public safety. In particular, corresponding les to the functions regulated in the articles of this regulation which are then determined: 1st item 2.1. The registration requirement must be completed at the registry of the competent autonomous community.
2nd article 5.1. Statement and resolution of the different phases of the procedure of enabling security companies. Knowledge of the purpose of termination of the contract of insurance of civil responsibility.
3rd article 5.3. Inspection and control in the field of private security, as well as the requirement for reporting on the characteristics of the gunsmiths of security companies.
4th article 7.1. The warranty shall constitute in the box that determine the competent autonomous community, in accordance with the relevant regulations, and available to their authorities.
5th article 12.2. Cancellation of registration of security companies.
6th article 15. Control of start of the activities of the security companies registered and authorized by the autonomous community.
7 article 17.1 and 2. Application or the opening of delegations or branches of companies of security knowledge.
8th articles 20 and 21. Control of contracts for the provision of services.
9 Article 24. Determination of services that enterprises must ensure communication between their headquarters and the personnel who perform them.
10th article 27, paragraphs 3 and 4, and article 28; Article 29 and article 30, paragraphs 1, 4 and 5.
11th authorization of activities of protection of persons, when they are developed in the territory of the autonomous community.
12th provisional authorisations of immediate for the provision of personal protection services.
13th communication of the composition of the escort, their variations and the end of the service, as well as the communication to the police of the autonomous communities of the authorizations granted, of the data of the protected persons and the bodyguards and the time of initiation and completion of the service.
The relevant bodies of the competent autonomous community will realize timely to the Directorate General of the police of the authorisations granted and the communications received, in accordance with the aforementioned articles 27, 28, 29 and 30.
14th article 32.1. Determination of non armoured protection.
15th article 36. Supervision of the transport of funds, securities or objects.
16th article 44. Knowledge of the characteristics of the service damage.
17th article 50. Requirement of correction of deficiencies and order of disconnection of the system with alarm.
18th article 66.3. Regulation and granting of honorary distinctions.
19th article 80.2. Authorization security services in industrial areas or isolated developments.
20th article 93.3. Authorization of services with weapons by private guards of the camp whose activities are carried out in the territory of the autonomous community. ((21st article 96.b) and c). Provision on the provision of services under the direction of a Chief of security.
22nd article 100. Unsubscribe from the heads of security communication.
23.ª articles 104, 105 and 107. The opening of offices of private detectives and of their delegations and branches, as well as acts constituting societies of detectives and their modifications, in the territory of the autonomous region must be reported to this by the General Directorate of police, as soon as they appear to be regularized in the corresponding registry.
24th article 111. Resolution on the adoption of measures of security firms or institutions, industrial, commercial or service.
25.ª article 112.1. Demand companies or entities that adopt services or security systems.
26th article 115. Requests for creation of security departments.
27th article 118. Granting of waivers of the implementation or maintenance of the service's guards, and safety inspection by the police of the autonomous community corresponding.
28th article 120.2, third paragraph. Authorization for the substitution of security measures for the implementation of the service's security guards.
29th article 124.3. Authorization for the operation of offices of currency exchange, banks, mobile and transportable modules.
30th article 125. Granting of exemptions of implementation of security measures.
31.ª article 128. Knowledge of carrying out exhibitions or auctions of items of jewelry or silverware as well as antiques or works of art, as well as the imposition of security measures.
32nd article 129. Dispensation from the adoption of safety measures.
Including article 130.5 and 6 for 33. Imposition of the obligation to adopt a services or security systems service and supply of fuels and fuels units, stations as well as the waiver of the adoption of security measures.
34th article 132.4. Adoption of security systems by administrations of lottery and totalizator betting firms.
35.ª article 136. Checks, inspection opening and authorization of opening of establishments or offices required to provide security measures.
36th article 137.1. Competence of control in the field of private security.
37.ª article 137.2. Collaboration of the police for the exercise of the function of control.
38th article 137.3. Control of the proceedings of the special guards of the field.
39.ª article 138. Annual report of activities of the security companies having their registered office and its scope limited to the territory of an autonomous community competent in the matter, which is submitted to the Ministry of Interior, will be sent copy by the Secretariat to the corresponding body of the autonomous region.
40th article 140. Communication of changes to security companies listed in the register of the autonomous community.
41.ª article 141. Annual report of activities of the detectives private offices, delegations or branches exclusively in the territory of an autonomous community competent in the matter, which may be submitted to the Ministry of Interior, will be sent copy by the Secretariat to the corresponding body of the autonomous region.
Article 143 42.ª. Available to the registry of companies of security, and private detectives, and access gun safes, vaults and facilities all for the purpose of inspection and control.
43.ª article 145. Adoption of the measure precautionary occupation or seal and ratification of it, where appropriate.
44.ª article 147. Suspension and ratification of the suspension, of private security services or the use of material or technical means.
45.ª article 157.2. Competence to order the initiation of disciplinary proceedings and measures injunctions in relation to security companies.
46.ª article 158. Competition for the instruction of proceedings to security companies.
47.ª articles 160 and 162. Competition for the issuance of report and to arrange for publication of the sanction.
First final provision. Effects of the lack of express resolutions.
Applications for authorizations, waivers and exemptions, as well as the qualifications of staff, regulated by this Regulation may be ignored and may be brought against his dismissal resources from, if not fall on them resolutions express within the period of three months and expanding it, in your case, unless they have specific time limits laid down in this regulation , the date that the application has had input in any of the records of the competent administrative authority, without prejudice to the obligation of the competent authorities expressly resolve.
Second final provision. Use or consumption of products from Member States of the European Union.
The rules contained in this regulation and in the acts and provisions of development and implementation of the same, on vehicles and material safety, shall not prevent the use or consumption in Spain of products from other Member States of the European Union, to respond, with regard to security standards equivalent to those of the Spanish State, and provided that it has been established by means of tests or conformity tests equivalent to those required in Spain.
Annex specific requirements of security companies, according to the different kinds of activity I. Registration and initial authorisation 1. Surveillance and protection of goods, establishments, shows, contests or conventions.
1. initial phase.
You have a registered capital of at least fifty million pesetas, if the scope of the company is State, and 10 million pesetas, at a minimum, if the scope is more regional, one million pesetas for each of the provinces of the autonomous community concerned.
2. second phase.
Having a template consisting of a head of security and, at least, fifty security, guards if the scope is State, and ten guards of safety, at a minimum, if the scope is regional, plus two vigilant security for each of the Member provinces in the autonomous community concerned.
(a) be installed on the premises of the company, both in the main delegations or branches, gunsmith or safe characteristics determined by the Ministry of Justice and Home Affairs.
b) have agreed contract liability insurance with legally licensed insurance entity, which will have a minimum of fifty million pesetas guarantee by sinister and year.
(c) have constituted, in the form determined in article 6 of this regulation, a guarantee of 40 million pesetas if the scope is national and eight billion pesetas, more than two million pesetas per province, if the scope is regional.
2. protection of persons.
1. initial phase.
Own a registered capital shall not be less than fifty million pesetas.
2. second phase.
Have a template consisting of a head of security and at least twenty-five escorts private.
(a) have installed on the premises of the company, the main both delegations or branches, a gunsmith and safe features to determine the Ministry of Justice and Interior.
b) have arranged insurance contract of civil liability, legally authorized insurance company which will have a minimum of 100 million pesetas guarantee by sinister and year.
(c) have constituted, in the given form in article 6 of this regulation, a guarantee of 40 million pesetas.
(d) have sufficient media to ensure communication between the mobile peripheral units and the base station.
3 deposit, custody and treatment of hazardous or valuable objects, and custody of explosives.
1. valuable or dangerous objects.
(a) initial phase.
You have a capital social of one hundred million pesetas, if the scope of the company is State, and twenty-five million pesetas, more than three million pesetas per province, if the scope is regional.
(b) second phase.
Security service consisting of a head of security and an allocation of at least eight security guards.
(c) third stage.
1st have concerted contract liability insurance with legally licensed insurance entity, which will have a minimum of 100 million pesetas guarantee by sinister and year.
2nd have constituted a guarantee of forty million pesetas, if it's enterprise of State level, and ten billion pesetas, more than two million per province, if it is autonomous company.
3rd installed on the premises of the company, both in the main delegations or branches, gunsmith or safe of the characteristics determined by the Ministry of Justice and Interior.
4th have installed vault and vintage local characteristics and with the security system to be determined by the Ministry of Justice and Interior.
Requirements relating to vault, permanent provision of safe and gunsmith, or security guards, will be required for each property that you intended the company to this activity.
(a) initial phase.
Having a registered capital of 25 billion pesetas, if the scope is State, and 10 million pesetas, over one million pesetas by province, if the scope is regional.
(b) second phase.
Security service consisting of a head of security and an endowment of at least five guards of explosives, each commercial deposit or consumption of explosives in which the custody service is provided.
(c) third stage.
1st have concerted contract liability insurance with legally licensed insurance entity, which will have a minimum of 100 million pesetas guarantee by sinister and year.
2nd constituted a guarantee of twenty million pesetas, if it's enterprise of State level, and five million pesetas, over one million pesetas by province, if the company is autonomous.
3rd tank storage and gunsmith or, characteristics and safe with the security system, if any, determined by the Ministry of Justice and Interior.
Requirements concerning deposit, provision of explosives, and gunsmith or safe guards shall be required for each property that it intended the company to this activity.
4. transportation and distribution of valuable or dangerous objects and explosives.
1. valuable or dangerous objects.
(a) initial phase.
Having a share capital not less than one hundred million pesetas, if the company is State-level, or to twenty-five millions of pesetas, more than three million pesetas per province, if the company is autonomous.
(b) second phase.
1st composed of a Security Chief and at least thirty template security, guards if the company is State-level, and six security guards, plus three by province, if the company is autonomous.
2nd six armoured vehicles, if the company is State-level and two, if the company is autonomous. Vehicles will have the characteristics to be determined by the Ministry of Justice and Home Affairs, will be equipped with registration certificate, card industrial and accreditation certificate of the overcoming of technical inspection, all in the name of the applicant company.
Local 3rd exclusively for guardian of the armored vehicles outside of the hours of service.
(c) third stage.
1st have concerted contract liability insurance with legally licensed insurance entity, which will have a minimum of 100 million pesetas guarantee by sinister and year.
2nd a guarantee of 40 million pesetas, if the company is State-level, and eight billion pesetas, more than two million pesetas per province, if it is autonomous.
3rd installed on the premises of the company, both in the main delegations or branches, gunsmith or safe of the characteristics determined by the Ministry of Justice and Interior.
4th have a telecommunication service of voice between the premises of the company, both the main branch offices or delegations, and vehicles carrying out transport.
(a) initial phase.
Having a share capital not less than twenty-five million pesetas, if the company is State-level, nor to ten millions of pesetas, over one million pesetas per province, if the company is autonomous.
(b) second phase.
1st a template consisting of, at least, two security guards of explosives per vehicle for the transport of explosives disposal company and a Security Chief when the number of watchmen exceeds fifteen in total.
2 arrange for the transport of explosives, to the less than two vehicles with greater than 1,000 kg load capacity each one, with the characteristics that determines the national regulation of the transport of dangerous goods by road (TPC, type 2), and with the security measures established, and must provide for their accreditation documents determine the Ministry of Justice and Interior.
Local 3rd for custody of vehicles during the hours that left immobilized.
(c) third stage.
1st have concerted contract liability insurance with legally licensed insurance entity, which will have a minimum of 100 million pesetas guarantee by sinister and year.
2nd a guarantee of twenty million pesetas, if the company is State-level, and five million pesetas, over one million pesetas per province, if it is autonomous.
3rd have installed gunsmith or safe characteristics determined by the Ministry of Justice and Interior.
4th have a telecommunication service of voice between the premises of the company, both the main branch offices or delegations, and vehicles carrying out transport.
5. installation and maintenance of equipment, devices and security systems.
1. initial phase.
A capital of at least twenty million pesetas, the fields of activity of the company is State, and five million pesetas, at a minimum, if the scope is autonomous and the owner of the company is a partnership, over one million pesetas for each of the provinces of the autonomous community concerned.
2. second phase.
(a) a compound template, as minimum, a technical engineer and five installers enterprises of State level, and an engineer and two installers the autonomous.
(b) area or restricted area, with means physical, electronic or computer, ensure the custody of the information manejaren and that they will be liable.
(a) have constituted a guarantee of twenty million pesetas, to the State level, and five million pesetas, over one million pesetas by province, for the autonomous.
b) have agreed contract liability insurance with legally licensed insurance entity, which will have a minimum of fifty million pesetas guarantee by sinister and year.
6 exploitation of plants of alarms.
1. initial phase.
A share capital not less than twenty-five million pesetas.
2. second phase.
(a) elements, equipment or systems trained for the reception and verification of the alarm signals and their transmission to the forces and security corps.
(b) premises whose requirements and characteristics of the security system determined by the Ministry of Justice and Interior.
(c) a system of uninterruptible power supply of energy that guarantees for twenty-four hours, at least, the operation of the Centre in the event of a power outage.
(a) have constituted a guarantee of twenty million pesetas.
b) have agreed contract liability insurance with legally licensed insurance entity, which will have a minimum of fifty million pesetas guarantee by sinister and year.
7 planning and advice of security activities.
1. second phase.
(a) provide the workforce, optional with sufficient competence to take responsibility for the projects, in cases in which its activity is intended to the design of installations and security systems.
(b) a capital of at least ten million pesetas, if a society is the owner of the company.
(c) an area or restricted area which means physical, electronic or computer, ensure the custody of the information that ride the company and which will be responsible for.
(((((d) when advice or planning relate to any of the activities referred to in paragraphs a), b), c) and d) of article 5 of the law 23/1992 of 30 July, private security, having, in the establishment, certifying, through the justification of positions or functions of public or private safety performance at least, for five years, knowledge and experience on organization and conduct of security activities.
(a) have constituted a guarantee amounting to ten billion pesetas.
b) have agreed contract liability insurance with legally licensed insurance entity, which will have a minimum of fifty million pesetas guarantee by sinister and year.
Companies planning and advice of security activities are exempted from the obligation to be established as a corporation, company, limited liability, labor Corporation or cooperative society.
8 requirements of companies that have their domicile in Ceuta and Melilla.
Security companies with registered office in Ceuta and Melilla, intending to develop its activity only within the scope of one of these cities, must meet the same requirements set out in this annex for each of the specialties, with the following exception: in the activity of surveillance and protection of property, establishments, shows, contests or conventions, must have a registered capital of ten million pesetas and a workforce composed of a Chief safety and security guards twelve, at least.
II. adaptation in accordance with the further evolution companies on security during the term of the authorisation, shall have subscribed and paid up, at least, the social capital that a continuation is determined, when the circumstances also indicated: to) those devoted to surveillance and protection of goods, one hundred million pesetas, when its turnover exceeds 1.5 billion pesetas for two consecutive years.
(b)) deposit and custody, two hundred million pesetas, when they exceeded the five delegations.
(c) engaged in transportation and distribution, two hundred million pesetas, when they exceed the use of twenty-five armored vehicles.
(d) for installation and maintenance of State level, forty million pesetas, when during two consecutive years exceed one billion pesetas of billing.
e) authorized for the exploitation of plants of alarms, fifty million pesetas, when they exceed three thousand connections.