Regulations > Improper Conduct Enquiries Regulations, 2003

In these regulations any word or expression to which a meaning has been assigned in the Act will bear the meaning so assigned and, unless the context otherwise indicates—

"Act"

means the Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001) and all regulations made in terms of the Act;

"charge"

in the relation to a security service provider, means an allegation of improper conduct made with a view to the institution of an enquiry;

"Code of Conduct"

means the Code of Conduct for Security Service Providers, 2003 prescribed in terms of section 28 of the Act;

"complainant"

means any person who submits a charge to the director;

"day"

does not include a Saturday, Sunday or public holiday;

"director"

includes a staff member of the Authority appointed as the acting director by the Council or to whom any of the powers or duties of the director have been delegated or assigned, as the case may be;

"document"

includes any recorded information, regardless of the form or medium;

"employer of in-house security officers"

means a person who is not a security service provider and who uses his or her own employees to protect or safeguard merely his or her own property or other interests, or persons or property on his or her premises or under his or her control;

"enquiry"

in relation to a security service provider, means an enquiry as the result of a charge in terms of these regulations, and includes any proceedings in terms of regulations 16 or 17;

"head of finance and administration"

means the staff member of the Authority appointed as the head of its finance and administration division and includes a staff member appointed as the acting head of finance and administration;

"improper conduct"

means improper conduct as defined in the Code of Conduct;

"party"

in relation to an enquiry, means the prosecutor or the respondent;

"presiding officer"

means a person appointed in terms of regulation 2(1);

"prosecutor"

means a person appointed in terms of regulation 2(5);

"repealed regulations"

means the regulations repealed in terms of regulation 24;

"respondent"

means a security service provider in connection with whom an enquiry is held, including a director of a company; a member of a close corporation, a partner of a partnership, a trustee of a business trust, an administrator or person in control of a foundation, and a person who performs executive or management functions in respect of any security business, as the case may be, in connection with which an enquiry is held, representing the company, close corporation, partnership, business trust, foundation or other security business, and any other person who has been substituted for any such representative in terms of regulation 5;

"security business"

also includes an employer of in-house security officers;

"security service provider"