BERMUDA 2010 : 8 PRIVATE INVESTIGATORS AND SECURITY GUARDS AMENDMENT ACT 2010

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1 BERMUDA 2010 : 8 PRIVATE INVESTIGATORS AND SECURITY GUARDS [Assent Date: 19 March 2010] ARRANGEMENT OF SECTIONS [Operative Date: 19 March 2010] 1 Short title 2 Amends section 2 3 Repeals and replaces section 3 4 Inserts section 4A 5 Inserts section 6A 6 Inserts section 9A 7 Repeals section 10 8 Amends section 16 9 Consequential amendment 10 Transitional provisions WHEREAS it is expedient to amend the Private Investigators and Security Guards Act 1974; Be it enacted by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as follows: Short title 1 This Act may be cited as the Private Investigators and Security Guards Amendment Act Amends section 2 2 Section 2 of the Private Investigators and Security Guards Act 1974 (in this Act referred to as the principal Act ) is amended (a) by numbering the existing provision as subsection (1); and (b) by inserting the following subsections next after subsection (1)

2 E HERE} (2) For the purposes of subsection (1), the term permanently employed does not include the categories of persons specified under section 4(2)(b), (c) and (d) of the Employment Act (3) Notwithstanding subsection (2), the Commissioner of Police may in his discretion, exempt an individual in any of the categories of persons specified in subsection (2) as not permanently employed, from the training programme required by section 4A.. Repeals and replaces section 3 3 Section 3 of the principal Act is repealed and replaced by the following section Offences and penalties for unlicensed private investigators and security guards 3 (1) A person must not (a) engage in the business of providing private investigators or security guards; or (b) act as a private investigator or security guard, unless he is the holder of a licence under section 4 or 6. (2) A person must not hold himself out as a private investigator or a security guard or as being engaged in the business of providing private investigators or security guards unless he is licensed under section 4 or 6. (3) A person must not (a) employ or engage another person to undertake any operation for which a licence is required under this Act; or (b) direct another person to undertake any operation, for which a licence is required under this Act, unless that other person holds a licence under section 4 or 6 of this Act authorising the undertaking of that activity. (4) A person who contravenes subsection (1), (2) or (3) commits an offence and is liable, on summary conviction (a) in the case of a body corporate, to a fine not exceeding $5,000; and 2

3 (b) in the case of an individual, to a fine not exceeding $2,000.. Inserts section 4A 4 The principal Act is amended by inserting the following section next after section 4 Training for private investigators and security guards 4A Before a licence is issued to a person under section 4, the Commissioner shall ensure that the person is certified as having completed a training programme prescribed by regulations made under this Act.. Inserts section 6A 5 The principal Act is amended by inserting the following section next after section 6 Change of address 6A (1) A person to whom a licence has been issued under section 4 or 6 must notify the Commissioner of any change of address within thirty days of that change. (2) A person who fails to comply with subsection (1) commits an offence and is liable (a) in the case of a body corporate, to a fine not exceeding $5,000; and (b) in the case of an individual, to a fine not exceeding $2,000.. Inserts section 9A 6 The principal Act is amended by inserting the following section next after section 9 Register of licensed private investigators and security guards 9A (1) The Commissioner shall cause to be kept and maintained a register of private investigators and security guards (in this Act referred to as "the register") containing the names of private investigators and security guards licensed under section 4, and such other particulars respecting those persons as this Act may require or as may from time to time be prescribed by regulations made under this Act. 3

4 E HERE} (2) The Commissioner shall cause to be published in the Gazette, as soon as may be practicable after the first day of January in each year, a list of names entered in the register on that day; and a copy of the Gazette containing the most recent list so published shall be prima facie, evidence in all courts that the persons whose names are included therein are licensed private investigators and security guards; and the absence of the name of any person from the said list shall be prima facie, evidence that that person is not a licensed private investigator or security guard. (3) In the case of any person whose name does not appear in the list referred to under subsection (2), a certificate signed by the Commissioner of the entry of the name of such person in the register and of the date of such entry shall be prima facie, evidence (a) that the person is a licensed private investigator or security guard; and (b) of the date on which the person became a licensed private investigator or security guard. (4) In the case of any person whose name appears on the list referred to under subsection (2), a certificate signed by the Commissioner of the striking off or removal of the name of that person from the list or of his suspension from operating under this Act and of the date of the striking off or removal or suspension, shall be prima facie, evidence (a) that he is not a licensed private investigator or security guard, or as the case may be, he has been suspended from operating as a private investigator or security guard; and (b) of the date on which he ceased by virtue of the striking off or removal, to be a licensed private investigator or security guard, or, as the case may be, he was suspended from operating as such. (5) A person may, at any reasonable time and on payment of any fee prescribed under the Government Fees Regulations 1976, inspect the register.. Repeals section 10 7 Section 10 of the principal Act is repealed. 4

5 Amends section 16 8 Section 16(1) of the principal Act is amended by inserting the following paragraphs next after paragraph (d) (da) prescribing the standards, methods and procedures for the training of private investigators and security guards, before certification; (db) prescribing particulars to be contained in the register;. Consequential amendment 9 The Schedule to the Government Fees Regulations 1976 is amended in Head 43 (a) in paragraph (1) by deleting 3(1)(a) and substituting 4 ; (b) in paragraph (2) by deleting 3(1)(b) and substituting 4 ; and (c) by inserting the following paragraph next after paragraph (2) (3) inspecting the register of private investigators and security guards under section 9A $ Transitional provisions 10 A person who, immediately before the date of the coming into operation of this Act, has been operating as a private investigator or security guard shall not be deemed to be operating illegally under this Act for the sole reason that he does not have a licence under section 4 or 6 and may continue to operate as such without a licence (a) during the period of twelve months beginning on the date of the coming into operation of this Act; and (b) if within the period of twelve months beginning on the date of the coming into operation of this Act, he makes an application for a licence, until that application is finally disposed of or withdrawn and if the application is refused, for a further period of two months. 5

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