Private Security Services Act

PRIVATE SECURITY SERVICES LAW, PUBLISHING DETAILS Commenced: 1st of September, 2008 PART I - PRELIMINARY PART II - LICENSING PART III - OFFENCES PART IV - MISCELLANEOUS ENACTED by the Legislature of the Cayman Islands. PART I - PRELIMINARY Short title and commencement (1) This Law may be cited as the Private Security Services Law, 2007. (2) This Law shall come into force on such date as may be appointed by order made by the Governor in Cabinet. Interpretation (1) In this Law — “Commissioner” means the Commissioner of Police; “Governor” means the Governor in Cabinet; “licence” means a licence issued under this Law; “licensee” means a person holding a licence under this Law; “security business” means — (a) the business of providing (as a principal business) any or all of the following — (i) electronic security technicians; (ii) security guards; (iii) security services by means of an electronic security system; (iv) services in respect of the design, installation or maintenance of electronic security systems; and (v) such services as the Governor may specify by notice published in the Gazette; (b) or the business of operating as an agent of a business mentioned in paragraph (a); “security business licence” means a licence referred to in section 4(1); “security guard” means a person who, in the course of his employment, guards or patrols for the purpose of protecting persons or property, but does not include — (a) a constable or special constable acting in the performance of his duties as such; or (b) a public officer performing his functions under any Law; “security guard’s licence” means a licence referred to in section 4(3); “security technician” means a person who, in the course of his employment, provides technical services in a security business; “security technician’s licence” means a licence referred to in section 4(2); and “visitor” means a person arriving in the Islands for a visit of not more than three months’ duration. (2) For the purposes of paragraph (a) of the definition of “security business” set out in subsection (1), any question as to whether the provision of a service is the principal business of any person, shall be determined by the Commissioner. Exemption of certain persons This Law shall not apply to a person of a prescribed class or description. PART II - LICENSING Security businesses, technicians and guards to be licensed (1) No person shall carry on a security business unless he is the holder of a licence (2) No person shall act as a security technician unless he is the holder of a licence (3) No person shall act as a security guard unless he is the holder of a licence Application for licence (1) A person of or above the age of eighteen years may apply to the Commissioner for a licence. (2) Application for a licence shall be made in the prescribed form. (3) The Commissioner shall make such inquiry and investigation as he thinks fit regarding the character, antecedents, financial position and competence of an applicant for a licence. Determination of application for licence (1) The Commissioner may issue the licence sought by an applicant, or may decline to do so on any of the following grounds — (a) the applicant is disqualified from holding or obtaining a licence by virtue of an order made by a court under section 19; (b) the applicant has been convicted of an offence under this Law; the Commissioner is not satisfied as to the character, antecedents or competence of the applicant; or (d) in the case of an applicant for a security business licence, the Commissioner is not satisfied as to the financial position of the applicant. (2) Without limiting the generality of subsection (1)(c), the Commissioner is entitled to consider under that paragraph, insofar as it relates to the competence of an applicant for a security business licence — (a) the applicant’s understanding of modern security systems, technology and methods; (b) the applicant’s understanding of civil rights of citizens; and the applicant’s ability to provide, or procure the provision of, suitable courses of training for security technicians and security guards proposed to be employed in the business. Form and issue of licence (1) A licence shall be issued in the prescribed form. (2) A licence shall be subject to such conditions, if any, as may be prescribed or as the Commissioner may think fit to impose upon it — (a) by endorsement upon the licence at the time of its issue or renewal; or (b) by notice in writing served on the licensee at any time during its currency. (3) A licence shall not be issued or renewed except on payment of the prescribed fee. (4) There is no property in a licence, and a licence shall not be capable of being sold, leased, pledged, transferred or otherwise dealt with. (5) A security business licence shall remain in force for a period of one year from the date of its issue, but may be renewed on application in accordance with section 8. (6) A security technician’s licence or security guard’s licence, as the case may be, shall remain in force for a period of twelve months from the date of its issue, but may be renewed on application in accordance with section 8. Renewal of licence (1) Application to renew a licence shall be lodged not later than thirty days before expiry of the current licence. (2) The Commissioner may, in his discretion, accept an application for renewal which is lodged late. Temporary licence (1) Where a person applies for a security technician’s licence or security guard’s licence, the Commissioner may, pending his decision, issue a temporary licence which shall be valid for a period, not exceeding three months, specified in the licence. (2) Where a person applies for a security guard’s licence for the purpose of protecting a visitor, the Commissioner may issue a temporary licence which shall be valid for a period, not exceeding forty-five days, specified in the licence. (3) Where the holder of a security business licence dies, the Commissioner may grant to his executor or administrator a temporary licence, valid for such period as shall be specified therein, and all licensed employees of the deceased licensee at the time of his death shall be deemed to be licensed as employees of the executor or administrator. Suspension or cancellation of licence

After giving the licensee an opportunity to be heard, the Commissioner may by notice in writing suspend or cancel a licence, where — (a) the licensee is convicted of an offence under this Law; (b) the licensee is convicted of any offence of which violence or dishonesty is an element; or the licensee is in breach of a condition of the licence. Appeals

(1) Whenever the Commissioner decides — (a) not to grant, or not to renew, a licence; (b) to impose a particular condition on a licence; or to suspend or cancel a licence, he shall give notice in writing to the applicant or licensee, as the case may be, of the decision and of the reasons for the decision. (2) A person aggrieved by a decision of the Commissioner referred to in subsection (1) may appeal to a court of summary jurisdiction. (3) The appeal shall be instituted, in accordance with rules of court, not later than thirty days after receipt of notice of the decision concerned. (3) The court may affirm, quash or vary the decision of the Commissioner. (4) Such rules as may be necessary or expedient for the operation of this section may be made under section 44 of the Summary Jurisdiction Law (2006 Revision). PART III - OFFENCES Unlicensed activity

(1) A person who, not being the holder of a security business licence, carries on a security business commits an offence and is liable on summary conviction to a fine of five thousand dollars. (2) A person who, not being the holder of a security technician’s licence — (a) acts as a security technician; or (b) offers himself for hire as a security technician, (3) A person who, not being the holder of a security guard’s licence — (a) acts as a security guard; or (b) offers himself for hire as a security guard, Unlicensed employees

A person engaged in a business of providing security guards who employs as a security guard a person who is not the holder of a security guard’s licence commits an offence and is liable on summary conviction to a fine of two thousand dollars. Cessation of business or employment of licensee

(1) The holder of a security business licence who ceases to be engaged in the business of providing security guards shall, within seven days of the cessation of engagement, forward to the Commissioner both his licence and the licences of his employees. (2) A security technician or security guard who ceases to be employed as such shall, within seven days of the cessation of employment, deliver his licence to his employer who shall, within seven days of receipt of the licence, forward it to the Commissioner together with a statement setting out the circumstances relating to the cessation of employment. (3) A person who, without reasonable excuse, fails to deliver his licence to his employer as required by this section commits an offence and is liable on summary conviction to a fine of five hundred dollars. (4) A person who, without reasonable excuse, fails to forward to the Commissioner a licence and a statement setting out the circumstances relating to the cessation of employment, as required by this section, commits an offence and is liable on summary conviction to a fine of two thousand dollars. Name of business

The holder of a security business licence who carries on a security business in a name other than the name specified in the licence commits an offence and is liable on summary conviction to a fine of one thousand dollars. Identification of security guards

(1) Every security technician and security guard shall while on duty carry his licence, and shall produce it for inspection at the request of any constable or other person having reasonable grounds to require its production. (2) A security technician or security guard who contravenes this section commits an offence and is liable on summary conviction to a fine of five hundred dollars. Information

(1) The Commissioner may, for the purposes of this Law, by notice in writing require any licensee to furnish to him, within the time specified in the notice, such information, being information relevant to the discharge by the Commissioner of his functions under this Law, as the notice may specify. (2) A person who fails to comply with a notice under this section commits an offence and is liable on summary conviction to a fine of one thousand dollars. Offences in connection with documents

(1) A person who — (a) in any application under this Law or in any statement required to be furnished under this Law, makes any statement that he knows is false or misleading in a material particular; or (b) fails to keep any books or records or furnish any return required to be kept or furnished under the regulations, (2) Any person who with intent to deceive — (a) impersonates a security technician or security guard; or (b) makes any statement or does any act to suggest that he is a security technician or security guard, commits an offence and is liable on summary conviction to imprisonment for a term of one year. Disqualification of licensee by court

Where a licensee is convicted of an offence under this Law, the court before which the licensee is convicted may, in addition to imposing any other penalty or sentence, order that the licensee be disqualified from holding or obtaining a licence, for such period not exceeding twelve months as the court deems appropriate; and the particulars of such conviction and disqualification shall be endorsed on any current licence held by the licensee. PART IV - MISCELLANEOUS Functions of the Commissioner

(1) The Commissioner may, to such extent and subject to such restrictions and conditions as he may think proper, by written instrument delegate any of his functions under this Law (other than this power of delegation) to any constable; and references in this Law to the Commissioner are to be construed so as to include any constable to whom the Commissioner has so delegated his powers. (2) A delegation under subsection (1) is revocable at will and does not prevent the exercise by the Commissioner of any function so delegated. Authorised weapons

(1) Without limiting the generality of section 7(2), the conditions of a security guard’s licence may authorise the carriage by the security guard of such weapons (in this section referred to as “authorised weapons”) as may be specified by endorsement, under section 7(2)(a), upon his licence. (2) By order under his hand the Chief Secretary may, on such conditions as may be prescribed by the order, permit the importation, manufacture or sale of or other dealing with articles of a kind approved by him for use as authorised weapons by security guards. (3) No offence is committed under the Penal Code (2006 Revision) or any other Law by reason of — (a) the possession or carriage by a security guard of an authorised weapon; or (b) the importation, manufacture or sale of, or other dealing with, an article in accordance with an order under subsection (2). (4) Nothing in this Law shall be construed as authorising the importation, manufacture, sale, possession or carriage of, or dealing with, a firearm otherwise than under and subject to the Firearms Law (2006 Revision). Register

(1) The Commissioner shall keep a register in which shall be entered the name of every person licensed under this Law. (2) Each entry in the register shall contain the following particulars in relation to each person registered — (a) his address; (b) the date on which his licence was issued; particulars of any disqualification ordered by a court under section 19; and (d) such other relevant particulars as the Commissioner may specify. (3) The register shall be kept at such place as the Commissioner may from time to time determine. (4) The Commissioner shall make such alterations to the particulars of persons registered as are notified to him and shall remove from the register the name of a registered person who is deceased or who ceases to be licensed. (5) A registered person shall inform the Commissioner in a timely manner of any change in his particulars under subsection (2)(a) and (d). Evidence

A certificate under the hand of the Commissioner specifying — (a) that a person was or was not, at a particular date or during a particular period, the holder of a licence; (b) conditions to which, at a particular date or during a particular period, a licence was subject; or that a document required to be forwarded to the Commissioner under this Law was, or was not, forwarded, or was received on a particular date, shall be sufficient evidence of the matters specified until the contrary is proved. Regulations

(1) The Governor may make regulations — (a) prescribing the time, manner and form of making any application, and the information and evidence to be submitted in connection therewith; (b) requiring the keeping by licensees of books and records and providing for their inspection; requiring the furnishing of periodical or other returns by licensees; (d) prescribing courses of training as pre-requisites for licensing of unarmed security guards, including courses in the management and use of firearms and other weapons; (e) requiring, regulating or prohibiting any matter with respect to the emblems, badges, insignia, uniforms, forms of identification and accessories to be worn, carried or used by security technicians and security guards or displayed on vehicles used by them; (f) prescribing fees for the issue and renewal of licences; (g) prescribing classes or descriptions of persons who shall be exempt from this Law or any specified provisions of this Law; (h) prescribing the forms to be used for the purposes of this Law; (i) prescribing any matter that by this Law is required or permitted to be prescribed; and (j) generally for the better carrying out of the objects and purposes of this Law. (2) Regulations made under this Law may create offences punishable by a fine not exceeding five thousand dollars or imprisonment for a term not exceeding two years. Transitional provisions

(1) A person who, immediately before the date of commencement of this Law, was carrying on a security business shall be deemed, for a period of six months commencing on that date, to be the holder of a security business licence. (2) A person who, immediately before the date of commencement of this Law, was employed as a security technician or security guard shall be deemed, for a period of six months commencing on that date, to be the holder of a security technician’s licence or security guard’s licence, as the case may be. (3) A person to whom subsection (1) or (2) applies and who desires to continue carrying on a security business or acting as a security technician or security guard, after the expiry of the period of six months referred to in those subsections may, not later than three months after the date of commencement of this Law, make application under section 5 for a licence authorising him to do so. (4) Nothing in subsection (3) shall be construed as precluding the making of an application under section 5 at any time by a person to whom subsections (1) and (2) do not apply. Passed by the Legislative Assembly the 17th day of September, 2007. EDNA MOYLE Speaker. WENDY LAUER EBANKS Clerk of the Legislative Assembly.