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Izvajalec: DZTPS.
Prevod: Meselina Ponikvar Verhovšek.
Lektura: Martin Cregeen.
Private Security Act (Official Gazette of the Republic of Slovenia, no. 17/11, ZZasV-1) of 11 March 2011
PRIVATE SECURITY ACT (ZZasV-1)
I. GENERAL PROVISIONS
Article 1
(Content of the Act)
(1) This Act regulates the rights and obligations of companies, individual entrepreneurs, public authorities, institutes, public agencies and other legal and natural persons (hereinafter: subjects) in the field of security not provided by the state (hereinafter: private security).
(2) This Act specifies private security, forms of security, competences, conditions for the provision of private security, standards, professional and advanced training, activities and duties of a security guard, insignia and working clothing, conditions for the provision of private security by foreign persons, obligatory provision of security and the duties of entities, supervision, records and penalty provisions.
Article 2
(Concept of private security)
(1) Private security means protection by security personnel and technical security systems provided in forms stipulated in this Act of persons and property in a protected area, or in a particular facility or space, from illegal activity, damage or destruction.
(2) Private security is an economic activity intended for the protection of persons and property, which is regulated by the Republic of Slovenia in the public interest for the purpose of providing public order, public safety, the protection of clients, third persons and security personnel directly performing the activity.
Article 3
(Provision of private security)
(1) Private security shall be performed and offered and advice on it provided by a company or individual entrepreneur with a registered activity and a valid licence who fulfils the conditions for the provision of private security in accordance with this Act, within the scope of his/her training and as a gainful activity provided to clients on the basis of a contract.
(2) Private security tasks shall be directly performed by security personnel with a valid licence who fulfil the conditions for performing private security tasks, as specified for security personnel in accordance with this Act.
(3) Irrespective of the first paragraph of this article, an internal security provider may provide internal security as a non-profit activity for his/her own needs in accordance with the provisions of this Act and employ security guards who fulfil conditions in accordance with this Act.
Article 4
(Forms of security and types of licences)
Private security may be provided in the following forms of protection (types of licences):
1. protection of persons and property;
2. protection of persons;
3. transportation and protection of currency and other valuables;
4. security at public gatherings;
5. security at events in catering establishments;
6. operation of a security control centre (hereinafter: SCC);
7. design of technical security systems;
8. implementation of technical security systems.
Article 5
(Definition of terms)
Individual terms used herein shall have the following meanings:
1. employment relationship, full time and part-time working, traineeship, apprenticeship and mentoring shall have the same meaning as in the act governing employment relationships, unless otherwise provided by this Act;
2. catering establishment shall be a single term for catering facilities, discotheques and night clubs, as defined by the act governing public gatherings and the act governing catering;
3. licensee shall mean a company or individual entrepreneur registered in accordance with the act regulating companies, who provides private security on the market and has a licence in accordance with this Act;
4. internal security shall mean the security provided by an internal security provider for his/her own needs, who provides non-profit protection of persons and property in facilities and areas intended solely for his/her own needs;
5. internal security provider shall mean a company, individual entrepreneur, public authority, institute, public agency or any other legal or natural person registered in accordance with the provisions of this Act and providing internal security;
6. implementation of technical security systems shall mean the direct implementation of technical security systems and their maintenance by security technicians;
7. licence shall mean a permit granted to a legal person in the form of a licence certificate or to a natural person in the form of an official identity card in accordance with this Act, for performing one or more private security forms or tasks;
8. security plan shall mean a document specifying the method and scope of providing security by security personnel and technical security systems, and security measures. Integral parts of a security plan shall be an assessment of the risk level, physical security plan and the security programme for facilities requiring advanced security;
9. physical security plan shall mean a document comprising the provision of security by security personnel and technical security systems;
10. design of technical security systems shall comprise the composition of technical documentation projects for implementing, with authorised security system engineers, technical security systems that fulfil the conditions in accordance with this Act and the act governing building construction;
11. client shall mean a natural or legal person who concludes a written contract with a licensee on the provision of a particular form of private security;
12. assessment of the risk level shall mean an assessment of risk or threat based on the security requirements of the protected area, the fulfilment of regulatory requirements, capacities and other circumstances and the probability of consequences that could affect safety, and will be the basis for designing a security plan;
13. an authorised security system engineer shall be responsible for designing projects for the implementation of technical security systems and supervision of technical security systems in accordance with the provisions of this Act, the act regulating building construction and the regulations issued on the basis of these two acts;
14. associated person shall mean the legal representative, authorised clerk, management board member and owner or shareholder who owns at least 25 percent of equity or controlling shares of the licensee or company applying for a licence. Associated persons shall also include other persons, affiliated through the capital or management functions, who benefit from the licensee’s activity, who supervise or could directly or indirectly supervise the licensee, or persons who finance or could directly or indirectly finance the licensee’s activity. If at least 25 percent of the licensee or the company applying for a licence is owned by another company, security reservations shall be ascertained for the associated persons of this company as well;
15. transportation and protection of currency and other valuables shall mean the transportation of currency or other valuables (gold, precious stones, works of art, securities and similar) by security guards and with specially adapted transportation and technical means;
16. security programme shall mean a document defining the purpose of security, overview of legal foundations, requirements, criteria, security competences and duties and starting points for protection and other actions for providing efficient protection. It shall generally be drawn up for areas requiring advanced security and protected areas requiring obligatory security as prescribed by this Act;
17. project for implementation of technical security systems shall mean a document drawn up on the basis of this Act and the act regulating building construction and containing studies, preliminary sketches and other documentation required for the implementation of the systems;
18. technical security systems shall mean individual or functionally connected equipment and mechanical devices for protection, anti-theft and anti-burglary devices, devices for supervision of entry, exit or movement, screening of persons, transport means, cargo or baggage, prevention of forcible entry, automatic detection of unauthorised presence and alarming, transmission of alarm messages and equipment for processing and archiving such messages (video and audio surveillance, security alarms, sensors and motion detectors, alarm surveillance systems, cameras and sensors), electric, electromagnetic, magnetic or biometric devices for supervision of entry and other systems and devices intended for providing security pursuant to this Act. Technical security systems pursuant to this Act shall include other systems inseparably connected with technical security systems pursuant to this Act, while interference with these systems shall mean interference with technical security systems pursuant to this Act (fire protection, alarming in case of explosive and other gases, social alarms, systems for the detection of explosive and poisonous substances, gases and fumes, security strong-boxes, security doors, locks, vaults and safes). Devices for supervising stock and inventory and other devices and systems not intended for providing security in accordance with this Act shall not be considered technical security systems.
19. official identity card shall mean a document with which security personnel identify their licence, as well as their right to perform private security tasks directly;
20. foreign person shall mean a legal or natural person with registered office in a Member State of the EU, European Economic Area, Swiss Confederation or a country with which Slovenia has concluded a suitable international agreement;
21. foreign person from a third country shall mean a legal or natural person with registered office outside the Member States of the EU, European Economic Area, Swiss Confederation or countries with which Slovenia has concluded a suitable international agreement;
22. operation of a SCC shall mean the management and constant physical control by SCC operators of installed technical security systems, systems and devices for protection of persons, property, an area or a protected person, as well as control of telecommunication paths for the transmission of alarm signals, performed in the SCC;
23. security manager shall mean a person responsible to the licensee or the internal security provider for the legality, professionalism and efficiency of providing security;
24. security guard shall mean a person who directly performs private security tasks and may carry out activities and duties in accordance with this Act (security watchman, security guard, security supervisor, security bodyguard and security manager);
25. security personnel shall be a common term for personnel (security watchman, security guard, security supervisor, SCC operator, security bodyguard, security manager, security technician and authorised security system engineer) who directly perform private security tasks for the licensee or internal security provider and do not have the status of an official in accordance with the act specifying criminal offences;
26. security of events in catering establishments shall mean providing order by specially trained security guards and security technical systems on the basis of regulations governing public gatherings, unless otherwise provided by this Act;
27. security of public gatherings shall mean providing order during public gatherings and public events by security guards and security technical systems in accordance with this Act and regulations governing public gatherings;
28. protection of persons and property shall mean the protection of lives, personal safety and protection of people’s property in a protected area, as well as movable and immovable property, by security guards and security technical systems;
29. protection of persons shall mean the protection of physical persons by security bodyguards protecting the lives, physical inviolability and integrity of physical persons;
30. protected area shall mean a space, facility or area owned, rented or managed by the client, which is specified by contract with the licensee as the area in which internal security shall be provided, as well as the immediate vicinity of a protected person.
II. COMPETENCES
Article 6
(Competent authority)
Administrative duties stipulated in this Act concerning private security shall be performed by the ministry responsible for internal affairs (hereinafter: competent authority).
Article 7
(Duties of the competent authority)
The competent authority shall perform the following duties:
- grant and withdraw licences and official identity cards,
- perform security checks,
- award approval to foreign legal and natural persons for the provision of private security in the Republic of Slovenia,
- perform duties in the field of professional and advanced training of security personnel in accordance with this Act,
- grant and withdraw public authority pursuant to this Act,
- supervise the implementation of the provisions of this Act and regulations governing private security issued on the basis thereof,
- specify standards which are obligatory in the field of private security,
- keep records as provided by this Act,
- perform other duties stipulated in this Act.
Article 8
(Granting and withdrawing public authority)
(1) The competent authority may grant public authority, on the basis of open competition for performing individual administrative duties in the field of private security, to another person of public law, individual or legal person of private law if an actual need in a particular field of granting public authority arises and if this person fulfils the following conditions:
- it has a responsible person for performing the public authority, who has a higher education degree in an appropriate field and fulfils the particular conditions for personnel,
- it has a sufficient number of performers of the public authority and other professional staff who fulfil the particular conditions for personnel,
- it has the space and equipment prescribed for performance of the public authority,
- there are no circumstances from which it could reasonably be concluded that the holder of public authority will not perform the public authority appropriately (illiquidity, carrying out an activity incompatible with the performance of the public authority).
(2) A more detailed definition of personnel, material and other conditions and criteria for granting public authority shall be specified in the tender documentation.
(3) The conditions for performing the public authority must be fulfilled by the holder of public authority throughout the time of performing the activity. The public authority must be performed lawfully, punctually and in the prescribed manner.
(4) The competent authority shall withdraw public authority from its holder in cases in which:
- there is no actual need for performing the public authority in an individual field,
- the conditions prescribed in the first paragraph of this article are not fulfilled, or
- the public authority is performed unlawfully, unpunctually and contrary to the prescribed manner, and the irregularities are not rectified despite a warning.
(5) If a holder of public authority no longer fulfils the conditions and no longer performs the public authority in the manner stipulated in this Act or regulations issued on the basis thereof, the competent authority shall warn the holder of public authority, who shall be obliged to rectify the irregularities within a given time limit. If the holder of public authority fails to rectify the irregularities within the given time limit, the competent authority shall withdraw the public authority. The duties of the holder of public authority shall be taken over by the competent authority, who may pass the performance of the public authority on to another holder of public authority on the basis of open competition.