Protection of Employment Act 1977

Provisions relating to authorised officers.

17

17. (1) An authorised officer may—

( a) enter at all reasonable times any premises or place where he has reasonable grounds for supposing that any employee is employed,

( b) there make any examination or enquiry necessary for ascertaining whether this Act has been or is being complied with,

( c) require an employer or his representative to produce any records which the employer is required by this Act to keep, and inspect and take copies of entries in the records.

( d) examine with regard to any matters under this Act any person whom he has reasonable cause to believe to be or to have been an employer or employee and require him to answer any questions (other than questions tending to incriminate him) which the officer may put relating to those matters and to sign a declaration of the truth of the answers.

(2) The powers conferred on an authorised officer by subsection (1) ( a) shall not be exercisable in respect of a private dwelling house unless the Minister (or an officer of the Minister appointed by the Minister for the purpose) certifies that he has reasonable grounds for believing that an offence under this section in relation to an employee employed in the house has been committed by the employer, and the authorised officer in applying for admission to the house produces the certificate.

(3) Any person who—

( a) obstructs or impedes an authorised officer in the exercise of any power conferred by this section,

( b) refuses to produce any record which an authorised officer lawfully requires him to produce,

( c) produces, or causes to be produced or knowingly allows to be produced, to an authorised officer any record which is false in any material respect knowing it to be false,

( d) prevents or attempts to prevent any person from appearing before or being questioned by an authorised officer, or

( e) wilfully fails or refuses to comply with any lawful requirement of an authorised officer under subsection (1) ( d)

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding F28 [ 5,000 ].

(4) An authorised officer shall be furnished with a certificate of his appointment and, on applying for admission to any premises or place, shall, if so required, produce the certificate to the occupier and to any person being examined by him.

Annotations:

Amendments:

F28

Substituted (8.05.2007) by Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), s. 13, commenced on enactment.

Editorial Notes:

E15

Previous affecting provision: fine substituted (21.12.2000) by European Communities (Protection of Employment) Regulations 2000 (S.I. 488 of 2000), reg. 5(c), superseded as per F-note above.