Health Act 1947

F45[Entry, inspection, etc., of relevant indoor premises

31AE

31AE. (1) A compliance officer may enter a relevant indoor premises without warrant at any time and there make such inspection, examination, observation and enquiry as he or she thinks proper in order to assess whether an indoor operator has complied with the conditions referred to in section 31AB(3).

(2) Where, having made an inspection, examination, observation and enquiry under subsection (1), a compliance officer forms the view that an indoor operator has, without complying with the conditions referred to in section 31AB(3), permitted, or otherwise granted, persons access to a relevant indoor premises in contravention of regulations made under section 31A, the compliance officer shall—

(a) inform the indoor operator of the fact that he or she has formed such a view,

(b) direct the indoor operator to take such steps as the compliance officer considers appropriate in order to comply with such conditions, and

(c) inform the indoor operator that failure to comply with such a direction may result in the compliance officer informing a member of the Garda Síochána of that fact or bringing an application to the District Court in accordance with sections 31AF or 31AH or issuing a compliance notice in accordance with section 31AG.

(3) Where an indoor operator fails to comply with a direction under subsection (2), the compliance officer who issued the direction may, as he or she sees fit—

(a) inform a member of the Garda Síochána of that fact,

(b) bring an application to the District Court under sections 31AF or 31AH, or

(c) issue a compliance notice under section 31AG.

(4) A person who—

(a) prevents or attempts to prevent a compliance officer from exercising the power conferred by subsection (1), or

(b) obstructs or attempts to obstruct any such officer in the exercise of that power,

is guilty of an offence and is liable on summary conviction to a class C fine.]

Annotations:

Amendments:

F45

Inserted (25.07.2021 to 9.10.2021, extended to 9.01.2022, 31.03.2022) by Health (Amendment) (No. 2) Act 2021 (24/2021), s. 3, S.I. No. 383 of 2021, subject to s. 1(3). The period was extended from 10 October 2021 to 9 January 2022 by Resolution of Dáil Éireann: Debates Volume 1012 No. 2, 6 October 2021 - Health (Amendment) (No. 2) Act 2021: Motion, and by Resolution of Seanad Éireann: Debates Volume 279 No. 2, 6 October 2021, Health (Amendment) (No. 2) Act 2021: Motion. It was again extended from 10 January 2022 to 31 March 2022 (10.01.2022) by the amendment of s. 1(3) by Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021 (46/2021), s. 4, commenced as per s. 5(3).

A class C fine mentioned in subs. (4) is not greater than €2,500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(1), S.I. No. 662 of 2010.