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PRIVATE INVESTIGATORS AND SECURITY GUARDS REGULATIONS 1974

SR&O 72 / 1974

[made under section 16 of the Private Investigators and Security Guards Act 1974 and brought into operation on 28 December 1974]

1 In these Regulations unless the context otherwise requires—

“The Act” means the Private Investigators and Security Guards Act 1974 [title 10 item 24];

“Form” means a form prescribed in the Schedule.

2. Forms

(1) The forms set out in the Schedule shall be used for the purpose of the Act with such variations as the circumstances of the case may require.

(2) The following are the forms set out in the Schedule—

PRIVATE INVESTIGATORS AND SECURITY GUARDS REGULATIONS 1974

(a) Form P.I.S. 1, being the form of a licence to engage in the business of providing private investigators or security guards;

(b) Form P.I.S. 2, being the form of licence to act as a private investigator or security guard;

(c) Form P.I.S. 3, being the form of record to be kept by a person engaged in the business of providing private investigators or security guards of the employment of such of his employees as are licensed to act as private investigators or security guards.

3. Licences; general provisions

(1) No licence issued under the Act shall be of any effect unless it is signed both by the Commissioner and, unless the holder is a body corporate, the holder thereof.

(2) An application for a licence or the renewal of a licence shall be made at the Police Headquarters in such manner as the Commissioner may determine.

(2A) No application for a licence or the renewal of a licence shall be considered unless the appropriate fee prescribed under the Government Fees Act 1965 has been paid.

(3) No licence shall be issued or renewed until the appropriate fee therefor prescribed under the Government Fees Act 1965 [title 15 item 18] has first been paid.

(4) A licence may be renewed or varied by an endorsement thereon to that effect stating the period of the renewal or, as the case may be, the nature of the variation and such endorsement may be signed by the Commissioner. [Regulation 3 paragraph (2) amended by BR 61 / 2011 reg. 2 effective 18 November 2011; paragraph

(2A) inserted by BR 61 / 2011 reg. 2 effective 18 November 2011]

4. Business licence

(1) Where the person making application for a licence or the renewal of a licence to engage in the business of providing private investigators or security guards is a body corporate such application shall be made on behalf of the body corporate by the director, manager, secretary or other similar officer thereof.

(2) A licence to engage in the business of providing private investigators or security guards shall be granted or renewed subject to the following conditions (whether or not in addition to any other conditions)—

(a) the licensee shall not use the world “police” in connection with any of the activities of his business or to the employees thereof;

(b) the dress of the employees of the licensee shall not resemble that of the Bermuda Police Service either in colour or styling;

(c) security guards employed by the licensee shall not wear any uniform other than a uniform which has been approved in writing by the Commissioner. [Regulation 4 amended by 1997 : 37 effective 6 May 1999; paragraph (1) amended by BR 61 / 2011 reg. 3 effective 18 November 2011]

PRIVATE INVESTIGATORS AND SECURITY GUARDS REGULATIONS 1974

Licence as private investigator or security guard

5 An application for a licence or the renewal of a licence for a person to act as a private investigator or security guard shall be accompanied by two photographs of the applicant measuring not less than 1 1/8" by 1 1/4" or more than 1 1/2" by 1 1/2".

[Regulation 5 amended by BR 61 / 2011 reg. 4 effective 18 November 2011]

Register

5A The particulars which the Commissioner shall cause to be kept and maintained in the Register under section 9A of the Act shall include the following—

(a) date of birth of the licensee;

(b) current address of the licensee;

(c) dates of training;

(d) licence number;

(e) name of company (employer) where applicable;

(f) dates of renewal of licence.

[Regulation 5A inserted by BR 61 / 2011 reg. 5 effective 18 November 2011]

6. Badges

(1) The badge which security guards are required to wear under section 12(2) of the Act shall be of such design as the Commissioner may approve and the Commissioner shall not so approve a badge unless it conforms to the following requirements—

(a) the minimum size shall be 2" by 2";

(b) it shall be of a distinctive colour;

(c) it shall bear a legend indicating that its wearer is a security guard.

(2) A security guard shall wear his badge upon his cap or chest in such a manner that it is clearly visible in its entirety to other persons at all times while he is on duty.

7. Records

(1) The holder of a licence to engage in the business of providing private investigators or security guards shall keep a record of the employment of himself and of such of his employees as are licensed to act as private investigators or security guards in Form P.I.S. 3, and such record shall contain the particulars required by that Form.

(2) The particulars required by Form P.I.S. 3, (other than the statement as to the date and time of termination of employment) shall be entered as soon as practicable after the date and time the particular employment commenced.

(3) As soon as practicable after the termination of the employment the employer shall enter in the record the date and time of termination of employment and certify the record as being correct. The employee shall also sign the record.

PRIVATE INVESTIGATORS AND SECURITY GUARDS REGULATIONS 1974

(4) The record kept under this section shall be maintained at the principal place of business of the licensee and shall be available for inspection by any police officer at all reasonable hours.

(5) In this regulation “employment” means a particular task or assignment performed outside the place of business of the employer.

PRIVATE INVESTIGATORS AND SECURITY GUARDS REGULATIONS 1974

SCHEDULE

FORM P.I.S. 1 THE PRIVATE INVESTIGATORS AND SECURITY GUARDS ACT 1974 LICENCE TO ENGAGE IN THE BUSINESS OF PROVIDING PRIVATE INVESTIGATORS/ SECURITY GUARDS

Name of Holder

Head Office

Fee

The following conditions shall be observed by the holder of this licence—

1 He or they shall not use the word “police” in connection with any of the activities of his or their business or the employees thereof.

2 The dress of his or their employees shall not resemble that of the Bermuda Police Service either in colour or styling.

3 Security guards employed by him or them shall not wear a uniform other than a uniform which has been approved in writing by the Commissioner.

(Insert here any other conditions subject to which this licence is held)

4 [blank]

This licence shall continue in force throughout the year ending on the 31st March

19 [blank] .................................... Commissioner of Police .................................... Signature of holder (if not a body corporate)

Special attention is called to the fact that—

(a) No person engaged in the business of providing private investigators or security guards is permitted to employ a person as a private investigator or a security guard unless such person is the holder of the appropriate licence;

PRIVATE INVESTIGATORS AND SECURITY GUARDS REGULATIONS 1974

(b) The holder of this licence may not engage in the business of providing private investigators or security guards in a name other than that in which he is, or they are, licensed. RENEWALS ................................................................... ................................................................... ...................................................................

FORM P.I.S. 2. FRONT

[Dimensions: 3 1/2" x 2 1/2"]

SECURITY GUARD AND/OR PRIVATE INVESTIGATORS* LICENCE NAME ............................ ADDRESS ............................ ............................

Photograph [Dimensions:

1 1/4" x 1 1/2"] EMPLOYED BY ............................ ............................ Date of Birth ............................ Date of expiry of Licence ............................

Signature

*Delete if not applicable No. 000 01 REVERSE

This is to certify that ..............................

of ..............................................................

is employed as a security guard and/or private investigator*

by .............................................................

PRIVATE INVESTIGATORS AND SECURITY GUARDS REGULATIONS 1974

IMPORTANT—THIS LICENCE MUST BE RETURNED TO YOUR EMPLOYERS ON COMPLETION OF YOUR SERVICE WITH THEM. Date .......................................... Commissioner of Police RENEWALS .................................................................. .................................................................. ..................................................................

*Delete if not applicable

............................ Signature of holder

FORM P.I.S. 3 PRIVATE INVESTIGATORS AND SECURITY GUARDS RECORD OF HOURS WORKED ETC.

Nature of Employment i.e. Private Investigator/Security Guard

Whether in uniform or plain clothes

Place of employment or surveillance

Date and time employment commenced

Date and time of termination of employment

Name of investigator or Security Guard

Signature of employee and certification of employer

[schedule amended by 1997:37 effective 6 May 1999]

[Amended by: SR&0 44/1976

1997 : 37 BR 61 / 2011]