PRIVATE GUARDS AND LOCAL WARDENS   [ CAP. 389.        1
CHAPTER 389
PRIVATE GUARDS AND LOCAL 
WARDENS ACT
To provide for the licensing, regulation and control of persons
operating, engaged or employed in private guard services and in warden
services and to provide for matters connected therewith or ancillary
thereto.
(15th June, 1996)
(27th August, 1996)
ACT XIII of 1996, as amended by Act III of 2002.
Short title.
Wardens Act.
PART I
Preliminary
Interpretation.
Cap. 363.
"bye-laws" means any bye-laws and any other legislation which
may from time to time be entrusted to local councils by delegation
or agreement as stipulated in the Local Councils Act;
"Commissioner" means the Commissioner of Police;
"local warden" means an individual whose services are rendered
in the provision of local warden services;
"local warden services" means such services as may be required
by local councils in the discharge of their duties and
responsibilities for the control, regulation and enforcement of bye-
laws, including the provision of services for the control and
regulation of access and movement by pedestrians or vehicles,
generally or on particular occasions and the provision of similar
services;
"Minister" means the Minister responsible for the Police;
"private guard" means an individual employed or engaged by a
private guard agency in the provision of private guard services on
behalf of the said agency;
"private guard agency" means any individual or body of persons,
whether corporate or unincorporate, providing any private guard
services and includes any such individual or body employing or
engaging an employee to provide guard services in any place of
entertainment as may be prescribed;
"private guard services" means any guard service, other than
guard services provided by any government department or
authority under the provisions of any law other than this Act,
provided either by an individual or by a body of persons, whether
corporate or unincorporate, in relation to -
  2      CAP. 389. ]         PRIVATE GUARDS AND LOCAL WARDENS
( a ) the prevention or detection of intrusion, unauthorised
entry or activity, vandalism or trespass on private
property;
( b ) the prevention or detection of fraud or theft, loss,
misappropriation or concealment of merchandise,
money, bonds, stocks, notes or other documents or
papers;
( c ) the control, regulation or direction of the movement of
the public in private or restricted areas, whether by the
use of a vehicle or otherwise, to assure the protection
of property;
( d ) the protection of individuals from bodily harm;
( e ) the protection of property;
( f ) the provision of persons for the purpose of guarding
money or any other property in transit or for the
transportation of such money or other property;
( g ) the provision of armoured cars for the transportation of
such money or other property;
( h ) the provision, installation and servicing of safes,
alarms, and other security equipment or ancillary items
as the Minister may prescribe;
( i ) private investigative services;
( j ) the provision of security consultancy services;
( k ) the operation of premises offering safe deposit
facilities other than such operation by banks;
( l ) any other service which the Minister may from time to
time by order prescribe;
but shall not include any such services provided to any person,
other than a private guard agency or a local council, by his
employee whether full-time, part-time or casual, but shall include
the provision of private guard services by such employees where
such services are rendered in a place of entertainment as may be
prescribed by the Minister during such times as these are open to
the public;
"private investigative services" means obtaining, selling or
supplying to any person any information relating to -
( a ) the identity, conduct, movements, whereabouts,
affiliations, associations, transactions, reputation or
character of any person or a body of persons;
( b ) the background or antecedents of any applicant for
employment;
( c ) enquiries for missing persons or property;
( d ) damage to or loss of property;
( e ) the prevention or detection of industrial espionage;
"security consultancy services" means the provision of advice
relating to the security of property, premises, personnel, plant,
PRIVATE GUARDS AND LOCAL WARDENS   [ CAP. 389.        3
machinery and equipment;
"warden agency" means an individual or a body of persons,
whether corporate or unincorporate, who provide local warden
services.
PART II
Private Guard Services
Private guard 
agencies and 
guards to be 
licensed.
 3. No person shall operate as a private guard agency or act as
a private guard or offer his services as such, unless such person is
licensed in accordance with the provisions of this Act.
Use of private 
guard services.
 4. No person shall employ, engage or permit the use of private
guard services unless such services are provided by a private guard
agency or by private guards, as the case may be, licensed in
accordance with the provisions of this Act.
Employment of 
private guards.
 5. No private guard agency shall provide any person for
duties in, or connected with, private guard services unless such
person is licensed as a private guard in accordance with the
provisions of this Act.
Applications for 
licence of private 
guard agency and 
private guards.
  6. (1) Any person desiring to be licensed as a private guard
agency or as a private guard shall make an application in writing to
the Commissioner.
 (2) Such application shall in the case of a private guard agency,
contain the following information which shall be accompanied by
such documentation in support thereof, as the case may require:
( a ) the full name and business address, and in the case of
an individual the identity card number and in the case
of a commercial partnership, the registered number
and office of the partnership;
( b ) the name under which the applicant intends to carry on
his activities;
( c ) the nature of the activities which the applicant intends
to carry on;
( d ) in the case of a body of persons the names and
addresses and identity card numbers of the
shareholders, partners, directors, secretaries and any
other officers of the body and where any of such
persons is a partnership the registered number and
office of the partnership and the number of persons
they propose to employ;
( e ) a declaration by the applicant stating that he has no
financial or other interest which could in any way
conflict with the services to be provided by the private
guard agency; such other interest shall include any
other business or economic activity carried out or
being carried out, or services provided or being
provided, or employment held or being held, by the
applicant;
( f ) if an applicant was previously carrying on any
  4      CAP. 389. ]         PRIVATE GUARDS AND LOCAL WARDENS
business activity, the financial statements for the last
three years, and if under any other law such financial
statements are required to be audited, the audited
financial statements;
( g ) experience relevant to private guard services held by
any person mentioned in paragraphs ( a ) and ( d ) above.
(3) In the case of a private guard the application shall contain
the following information which shall be accompanied by such
documentation in support thereof, as the case may require:
( a ) the full name, address and identity card number;
( b ) the date and place of birth;
( c ) full details of the applicant’s working experience;
( d ) a declaration by the applicant stating that he has no
financial or other interest which could in any way
conflict with the services to be provided as a private
guard;
( e ) academic, training and other qualifications held to act
as a private guard.
(4) An application under this article shall be accompanied by
such fee as may be prescribed.
(5) The Commissioner may, in the circumstances of any
particular case require additional information or that any
information submitted under this article be supported by such
relevant documentation as he may require.
Publication of 
application.
7. The Commissioner shall, within fifteen days of the receipt
of such application, give notice in the Gazette of such application
with such details as he may consider appropriate.
Objection to 
application.
8. (1) Any person may, within one month from the
publication of such notice, object in writing to the issue of such
licence on any of the grounds listed in article 10.
(2) The Commissioner shall consider any such objection and
shall verify any statements made therein. For this purpose the
Commissioner may require the person objecting to produce or
indicate proof to substantiate any statement made in any such
objection.
 (3) Any objection made under the provisions of this article
shall be treated as confidential.
Acceptance or 
refusal of 
application.
 9. Having considered the application made and any objections
received under article 8 the Commissioner shall within four weeks
from the lapse of one month mentioned in article 8(1) -
( a ) either issue a licence to the applicant to act as a private
guard agency or as a private guard; or
( b ) refuse the application.
PRIVATE GUARDS AND LOCAL WARDENS   [ CAP. 389.        5
Refusal to issue 
licence.
Amended by:
III. 2002.167.
10. The Commissioner shall refuse an application in any of the
following circumstances:
( a ) where the applicant or any officer of the applicant or
any person who has an effective control of the services
to be provided by the applicant -
 (i) has been convicted in Malta or elsewhere of any
crime of wilful homicide or of wilful grievous
bodily harm or any crime against property
aggravated by amount exceeding one thousand
liri or by violence or any crime against public
trust or any other serious crime; or
 (ii) has been declared bankrupt or his financial
position is precarious or otherwise renders the
applicant unsuitable; or
 (iii) has been discharged from the Police or armed
forces or the prison services because of any
offence or other misbehaviour; or
 (iv) is a public officer other than one who belongs to
a grade or category as may be prescribed by the
Minister or a member of the Police or armed
forces or the prison services; or
(v) has been convicted in Malta or elsewhere of a
crime against the person or against property and
the application is made within five years from
the commission of the crime;
( b ) when he considers that it is in the public interest to
refuse such a licence; or
( c ) where the applicant does not possess the necessary
qualifications as may be prescribed by or under this
Act.
Referral to 
Minister.
 11. (1) If the Commissioner refuses to issue a licence to an
applicant to act as a private guard agency or as a private guard, he
shall forthwith communicate in writing such decision to the
applicant stating the reason for such refusal:
Provided that in the case of a refusal under article 10( b ) , it
shall be sufficient to state that the licence has been refused in the
public interest.
(2) The Commissioner shall concurrently also submit a copy of
such documentation to the Minister stating, in the case of a refusal
in the public interest, the actual reason for such refusal.
(3) On the receipt of a licence or of the notice of refusal, the
applicant may, within one calendar month from such receipt, make
submissions in writing to the Minister requesting that any terms or
conditions attached to such licence be removed or changed, or in
the case of a refusal that the licence be issued.
(4) The Minister shall determine such request and shall
communicate his decision to the Commissioner and the applicant.
The Minister’s decision shall be final and the Commissioner shall
act in conformity therewith.
  6      CAP. 389. ]         PRIVATE GUARDS AND LOCAL WARDENS
Issue of licence of 
a private guard or a 
private guard 
agency.
12. (1) A licence issued by the Commissioner under article 9 -
( a ) shall be valid for a period of one year from its date of
issue;
( b ) may be limited to any of the private guard services;
( c ) shall be subject to the specific condition that the
holder of the licence shall inform the Commissioner of
any change in the information submitted in relation to
the relevant application;
( d ) shall be subject to such other terms and conditions as
the Commissioner may deem fit to attach to such
licence. 
(2) Subject to the other provisions of this Act, a licence issued
under this Act may be renewed from year to year on the expiration
of its validity and on the payment of such fee as may be prescribed.
(3) The issue of a licence under this Part shall in no way be
deemed to vest any right or privilege to the holder thereof to do any
thing, of whatever nature, in relation to third parties or their
property which such person did not have the right to do prior to the
promulgation of this Act.
Withdrawal and 
suspension of 
licence.
13. (1) Where the holder of a licence does not conform to any
term or condition under which the licence has been issued or where
such circumstances arise which could have justified the refusal of
an application for such licence, the Commissioner may either
withdraw or suspend such licence.
(2) Where a licence has been withdrawn or suspended the
Commissioner may grant a new licence or withdraw the suspension
where the circumstances giving rise to the withdrawal or
suspension have been removed or no longer exist.
(3) On the receipt of a notice of withdrawal or suspension the
holder of a licence may, within one calendar month from such
receipt, make submissions in writing to the Minister requesting the
removal of such withdrawal or suspension.
(4) The provisions of article 11(3) and (4) shall  mutatis
mutandis  apply to a submission made to the Minister under
subarticle (3).
PART III
Local Warden Services
Warden agencies 
and local wardens 
to be licensed.
14. No person shall act as a warden agency or as a local
warden or offer his services as such unless such person is licensed
in accordance with the provisions of this Act.
Use of local 
warden services.
15. No person shall employ, engage or permit the use of local
warden services unless such services are provided by a warden
agency or by local wardens, as the case may be, licensed in
accordance with the provisions of this Act.
Employment of 
local wardens.
16. No warden agency shall provide any person for duties in,
or connected with, local warden services unless such person is
PRIVATE GUARDS AND LOCAL WARDENS   [ CAP. 389.        7
licensed as a local warden in accordance with the provisions of this
Act.
Application of 
articles 6 to 13 to 
warden agencies 
and local wardens.
17. (1) Subject to the provisions contained in this Part the
provisions of articles 6, 7, 8, 9, 10, 11, 12 and 13 shall apply
mutatis mutandis  in relation to a licence for a warden agency or for
a local warden in the same way as they apply to an application for a
licence for a private guard agency or for a private guard, as the case
may require.
(2) An application for a licence for a warden agency or for a
local warden shall be accompanied by such fee as may be
prescribed.
Power of local 
wardens to detain 
persons and obtain 
particulars.
18. (1) A local warden shall have the power to stop any
person, whom he suspects to have committed any breach of any
bye-laws, for the purpose of identifying such person and taking his
particulars, but may not detain any person except as provided in the
following subarticle.
 (2) A local warden may detain any person for the purpose of
taking him before a Police officer or until the arrival of a Police
officer, where such person refuses to stop and give his particulars
or for the purpose of preventing such person from committing a
breach of any bye-laws where such person has been warned to
desist and has not desisted voluntarily.
 (3) Any person who refuses to give, or untruthfully gives to
any local warden in the exercise of his duties, his name, surname,
address and other particulars that may be lawfully required shall be
guilty of a contravention and shall on conviction be liable to a fine
( ammenda ) of twenty-five liri.
Resistance and 
violence against 
local wardens.
19. (1) No person shall in any way assault or resist by
violence any local warden in the execution of his duties under this
Act. 
(2) Saving any higher punishment to which he may be liable
under any other law any person who contravenes the provisions of
this article shall be guilty of an offence and shall be liable on
conviction to imprisonment for a term of one to six months:
Provided that no punishment shall be awarded for the mere
act of assault or resistance against any person who, although he
shall have attempted to commence, or shall have actually
commenced to act, shall at the first warning given by the person
assaulted or to whom resistance is offered, or by any public
authority, desist from the further commission of the crime.
Abuse of authority.
Cap. 9.
20. The provisions of articles 112, 113, 114, 115 and 119 of the
Criminal Code shall apply to a local warden.
PART IV
General
Indemnity 
insurance.
21. (1) Every person licensed under this Act shall for as long
as he is so licensed be covered by an indemnity insurance, in such
  8      CAP. 389. ]         PRIVATE GUARDS AND LOCAL WARDENS
manner and for such amount as may be prescribed against any
liability which such person may incur for compensation in respect
of any loss or damage that any other person may suffer as a result
of any act done or omitted to be done by the person aforementioned
or by any of his employees in the carrying out of any services
provided under a licence issued in accordance with the provisions
of this Act. Such insurance shall be made by the employer if the
person licensed is an employee.
(2) Every person bound to be covered by an indemnity
insurance under this article shall each year within a week of taking
out or renewing such indemnity insurance inform the
Commissioner in writing of the insurance company and the relative
number of the insurance policy.
(3) For the purposes of this article every person bound to be
covered by an indemnity insurance shall, together with the
information required under subarticle (2), submit a list of persons,
if any, employed with him.
(4) Any changes to the list of employees submitted under the
provisions of subarticle (3) shall be notified to the Commissioner
within one week from the occurrence of any such change.
(5) Any person who fails to comply with any of the provisions
of this article shall be deemed to operate without the licence
required under this Act.
Use of uniforms. 22. (1) Every person licensed as a local warden shall, while on
duty and only during such time, or while travelling to or from his
turn of duty, wear such distinguishable uniforms and other identity
and, or, distinctive badges or marks as approved by the
Commissioner.
(2) Every person licensed as a private guard shall carry such
identity card or document as shall be prescribed and shall wear
such distinctive uniform and other identity and, or, distinctive
badges or marks as may be prescribed.
Courses approved 
to provide training, 
etc.
23. No person shall provide courses for the provision of
academic, training and other qualifications that may be required for
a person to obtain or hold a licence as a private guard or as a local
warden, unless the said courses are approved by the Minister in
accordance with regulations as may be prescribed.
Power to make 
regulations.
24. The Minister may make regulations for the purpose of
carrying into effect the provisions of this Act, and may, without
prejudice to the generality of the foregoing, by such regulations
prescribe -
( a ) fees payable under this Act or for any services under
or pursuant to this Act, and different fees may be so
prescribed for different services or for different
licences under this Act;
( b ) the forms to be used for any of the purposes under this
Act;
( c ) the academic, training and other qualifications that
PRIVATE GUARDS AND LOCAL WARDENS   [ CAP. 389.        9
may be necessary for the granting or holding of a
licence under this Act;
( d ) for the approval of courses to provide academic,
training and other qualifications necessary for the
granting of a licence under this Act;
( e ) anything that may or is to be prescribed under this Act:
Provided that in the case of regulations made in relation to
local wardens, local warden services or warden agencies, such
regulations shall be made with the concurrence of the Minister
responsible for local government.
Offences and 
penalties.
25. Any person -
( a ) who operates a private guard agency or a warden
agency in contravention of any of the provisions of
this Act or of any licence issued thereunder or acts in
breach of the provisions of article 23, shall be guilty of
an offence and shall be liable on conviction, to a fine
( multa ) not exceeding ten thousand liri and to
imprisonment for a term not exceeding one year or to
both such fine and imprisonment;
( b ) who acts or is employed as a private guard or as a local
warden in contravention of any of the provisions of
this Act or of any licence issued thereunder shall be
guilty of an offence and shall be liable, on conviction,
to a fine ( multa ) not exceeding two thousand liri and to
imprisonment for a term not exceeding six months or
to both such fine and imprisonment;
( c ) who employs, engages or permits the use of private
guard services or of warden services in contravention
of article 4 or article 15 or otherwise is in breach of
any provision of this Act other than those to which
paragraphs ( a ) and ( b ) hereof apply shall be guilty of
an offence and shall be liable, on conviction, to a fine
( multa ) not exceeding five hundred liri.
