Security Auth Appeals

Table of Contents

Private Security Appeal Board.

There stands established a body to be known as the Private Security Appeal Board (in the Act referred to as “the Appeal Board”), or in the Irish language An Bord Achomhairc um Shlándáil Phríobháideach, to hear and determine appeals against decisions of the Authority.

The Appeal Board shall be independent in the performance of its functions.

Appeal to High Court

Within 3 months after the date on which an appeal is determined by the Court on question Appeal Board any party to the appeal may appeal to the High Court on any question of law.

The Court may affirm the determination or set it aside and make any other determination the Appeal Board could have made or remit the case to the Appeal Board for further consideration. An appeal may not be brought from a decision of the Court under this section except by its leave.

Taking effect of decision of Authority.

This provision applies to a decision of the Authority—

refusing to renew a licence,
suspending or revoking a licence, or
issuing a reprimand, warning or caution or an advice.

A decision of the takes effect on the expiration of the period within which an appeal against it may be brought, unless an appeal is duly brought, in which case the decision stands suspended pending the outcome of the appeal proceedings

A decision of the Authority to revoke or suspend a licence, if taken because in its opinion the safety or welfare of any person or persons is or may be at risk from the continuance in force of the licence, takes effect when notification of the decision, stating the grounds on which it was taken, is received or deemed to be received by the licensee.

Regulations

The Minister may by regulations make such incidental or consequential provision as he or she considers necessary or expedient for the purposes of giving the Act full effect.

The Authority, with the consent of the Minister, may by regulations provide for any matter referred to in the Act as prescribed and for—

the categories of licences which may be issued by the Authority,
the procedures governing—the grant and renewal of licences (including time limits in respect thereof),the surrender of licences and identity cards, andthe processing of complaints
the form of licences and identity cards,
the standards to be observed in the provision of security services by licensees or particular categories of licensees,
the qualifications for licences,
the records to be kept and the information and returns to be furnished by licensees, and
the fees to be charged by the Authority in respect of applications for licences and other services provided by the Authority.

In making regulations the Authority may—

prescribe different fees in respect of different circumstances or classes of circumstances, or in relation to different classes of licences and in relation to different classes of cases,
provide for the waiving, remitting or refunding of fees (in whole or in part) in different circumstances or classes of circumstances or in relation to different classes of licences and in relation to different classes of cases,
provide for exemption from payment of fees in circumstances specified in the regulations.

In making regulations pursuant to subsection (2)(g) the Authority may have regard to—

the expenses incurred by the Authority, or
the expenses which it is anticipated will be incurred by the Authority,

in performing its functions under this Act, so that so much of those expenses as the Authority considers appropriate are recovered from fees to be charged pursuant to such regulations.

Appeal Board

Membership

The Appeal Board shall consist of a chairperson and such and so many other members as the Minister, with the consent of the Minister for Finance, considers necessary from time to time for the expeditious discharge of its functions.

Appointment

The chairperson and other members of the Appeal Board shall be appointed by the Government and, subject to this Schedule, shall hold office on such terms and conditions as the Government may determine.

Chairperson

The chairperson shall be a practising barrister, or a practising solicitor, of not less than 7 years’ standing.

A chairperson who ceases to be such a barrister or solicitor during his or her term of office as chairperson shall thereupon cease to be chairperson and a member of the Appeal Board.

It shall be the function of the chairperson to ensure the effective performance by the Appeal Board of its functions. The chairperson, if of opinion that the conduct of a member has been such as to bring the Appeal Board into disrepute or has been otherwise prejudicial to the effective performance of the Appeal Board’s functions, may—

require the member to attend for interview and, on the member so attending, inform the member privately of that opinion, or
otherwise investigate the matter,

and report to the Minister the outcome of the interview or investigation if the chairperson considers it appropriate to do so.

Appeals

The Appeal Board shall, as far as practicable, ensure that appeals are dealt with and determined expeditiously.

An applicant for a licence or the holder of a licence aggrieved by a decision of the Authority—

refusing to grant a licence or renewal of a licence,
suspending or revoking a licence,
issuing a reprimand, warning or caution or an advice,
refusing a variation in the kind or kinds of security services 9to which a licence relates,

may, within one month after the date of receipt of notification of the decision, appeal to the Appeal Board against it by serving on the Appeal Board a notice of appeal.

The Appeal Board shall not consider an appeal if the relevant notice of appeal is received by it later than the expiration of the period of one month or if or so long as the notice does not comply with the requirements.

An appeal shall be grounded on the record of the decision to which the appeal relates, on the grounds of appeal contained in the notice of appeal and on any observations of the Authority given at the request of the Appeal Board on any other matter arising on the decision.

The appeal, if not withdrawn, shall be determined by the Board—

by affirming the decision of the Authority to which the appeal relates, or
by remitting the matter back to the Authority with a recommendation that—
- the licence be granted, renewed or restored, as the case may be,
- that the reprimand, warning, caution or an advice be withdrawn, or
- that the variation sought be granted,

and the Authority shall give effect to any such recommendation.

The Authority shall be a party to an appeal.The Appeal Board shall serve notice of its determination on each party to the appeal.

Notice of appeal requirements

The notice of appeal shall be in writing and state—

the name and address of the appellant,
the subject matter of the appeal,
the appellant’s interest in its outcome,
the grounds of the appeal and the reasons on which they are based,

and shall be accompanied by such fee, if any, as may be specified by the Appeal Board and by such documents relating to the appeal as the appellant considers necessary or appropriate.

Submissions by Authority on appeal

The Authority may make submissions or observations in writing to the Appeal Board in relation to the appeal within one month after receiving the copy of the notice of appeal from the Appeal Board, and any such submissions or observations received by the Appeal Board after the expiration of that period shall not be considered by it.

Where no submissions or observations have been received within the period referred to the Appeal Board may, without further notice to the Authority, determine the appeal.

Unless requested to do so by the Appeal Board, the Authority shall not be entitled to elaborate in writing on any submissions or observations made or make any further submissions or observations in writing in relation to the appeal, and any such elaboration or further submissions or observations shall not be considered by the Appeal Board.

Submissions by person not party to appeal

A person who is not a party to an appeal may make a submission or observations in writing to the Appeal Board in relation to the appeal where invited by the Appeal Board to do so.

Such submission or observations may be made within one month of the issue of the invitation to do so by the Appeal Board and any such submission or observations received by the Appeal Board after the expiration of that period shall not be considered by it.

Unless requested to do so by the Appeal Board, the person making such submissions or observations shall not be entitled to elaborate in writing on them or to make further submissions or observations in writing in relation to the appeal, and any such elaboration or further submissions or observations shall not be considered by the Appeal Board.

Hearing of appeal

Sittings of the Appeal Board shall normally be heard in private and shall be conducted with the minimum formality consistent with the carrying out by the Appeal Board of its functions.

The Appeal Board at the request of a party, may in its absolute discretion conduct an oral hearing of an appeal. The Appeal Board in conducting an oral hearing may by notice in writing require any person to attend at such time and place as is specified in the notice to give evidence in relation to any matter in issue at the hearing or to produce any relevant documents in his or her possession or under his or her control.

An oral hearing may be conducted on behalf of the Appeal Board by one or more than one of its members.

The Appeal Board shall not consider a request for an oral hearing made later than the expiry of the relevant period. Where the Appeal Board is requested to conduct an oral hearing and decides to determine the appeal without such a hearing, it shall serve notice of its decision on each party to the appeal and on any person who made submissions or observations to the Board in relation to it.

The Appeal Board shall dismiss any appeal which in its opinion is frivolous, vexatious or without substance or foundation.

An appellant may withdraw an appeal by notice in writing to the Appeal Board at any time before the appeal is determined.