CONTROL OF SECURITY GUARD SERVICES: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Control of Security Guard Services Regulations

Reservation of Security Guard Services for Citizens Order

CONTROL OF SECURITY GUARD SERVICES REGULATIONS

 

(under section 20(1))

 

(4th May, 1990)

 

ARRANGEMENT OF REGULATIONS

 

REGULATION

 

 

 

   1.   Citation

 

   2.   Application for licence

 

   3.   Issue of licence

 

   4.   Period of validity of licence

 

   5.   Renewal of licence

 

   6.   Restriction on transfer of licence

 

   7.   Display of licence

 

   8.   Maintenance of records and annual returns

 

   9.   Inspection of records

 

   10.   Display of identity cards

 

   11.   Employment of security guards with convictions

 

   12.   Control of advertisements

 

   13.   Cancellation and surrender of licences

 

   14.   Appeals

 

   15.   Fees

 

   16.   Offences and penalties

 

 

 

      Schedule - Forms

 

 

S.I. 31, 1990.

 

1.   Citation

   These Regulations may be cited as the Control of Security Guard Services Regulations.

 

2.   Application for licence

   (1) An application for a security guard licence shall be made to the Controller in a form that may be prescribed and shall contain all the information specified in section 5 of the Act.

   (2) An applicant or his representative shall, if requested by the Controller to do so, furnish in writing any further information that the Controller may require, or, where the Controller seeks to interview him or his representative, attend such interview.

 

3.   Issue of licence

   (1) The Controller shall, after consideration of an application made under regulation 2, issue the applicant with a licence upon payment by the applicant of the fee prescribed in regulation 15.

   (2) The Controller shall, in writing inform the applicant of his decision regarding his application for a licence in a manner that may conform in substantial detail to a form that may be prescribed.

 

4.   Period of validity of licence

   A licence issued under these Regulations shall, unless previously cancelled or surrendered, be valid for 12 months from the date on which it was issued.

 

5.   Renewal of licence

   (1) A licence may, upon its expiry, be renewed by application to the Controller in a form that may be prescribed, and every such application shall be accompanied by the fee prescribed in regulation 15.

   (2) Every application for the renewal of a licence shall be made not later than 2 months before the licence expires.

   (3) The Controller shall, in writing, inform the applicant of his decision regarding his application for renewal of a licence in a form that may be prescribed.

 

6.   Restriction on transfer of licence

   No person who has been issued with a licence shall transfer such licence to any other person without first obtaining the written consent of the Controller.

 

7.   Display of licence

   Every licensee shall display his licence in a conspicuous place in his business premises.

 

8.   Maintenance of records and annual returns

   (1) Every licensee shall maintain a record of names of his employees, dates of their employment, dates of termination of their services and the reasons for such termination.

   (2) Every licensee shall submit to the Controller not later than 60 days after the end of the calendar year in which his licence was issued or renewed, an annual return in respect of his employees giving the number and names of his employees, and the names of employees dismissed from his employ.

 

9.   Inspection of records

   Every licensee shall make available for inspection by the Controller or a police officer upon demand his licence or any record in respect of his employees.

 

10.   Display of indentity cards

   (1) Every licensee shall ensure that whenever a security guard is on duty such security guard displays on his person an identity card which shall be in a form that may be prescribed.

   (2) It shall be an offence for a security guard not to display his identity card on his person whenever he is on duty.

   (3) Any person who contravenes the provisions of subregulation (2) of this regulation shall be guilty of an offence and liable to a fine of P50 or to imprisonment for 3 months in default of payment.

 

11.   Employment of security guards with convictions

   No licensee shall employ (from within or outside Botswana) as a security guard any person who has been convicted of an offence involving moral turpitude or against whom criminal proceedings are pending.

 

12.   Control of advertisements

   (1) No licensee shall display or cause to be displayed any advertisement which is indecent or in any way objectionable, or which does not relate to the services which he offers or renders.

   (2) Any person who contravenes the provisions of this regulation shall be guilty of an offence and shall be liable to a fine of P50 or to imprisonment for 3 months in default of payment.

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