Electricity Regulation Act 1999

Authorised officers.

11

11.F208[(1) In this section, a person to whom this section applies means the Board, a holder of a licence or an authorisation F209[or a registration granted under Part IIIA] F210[or a natural gas licence granted under section 16 of the Gas (Interim) (Regulation) Act, 2002, or a consent given under the Gas Act, 1976] F211[, or Bord Gáis Éireann or Irish Water.]]

(2) The Commission may appoint persons to be authorised officers for the purposes of this section.

(3) A person appointed under subsection (2) shall, on his or her appointment, be furnished by the Commission with a certificate of his or her appointment and when exercising a power conferred by subsection (4) shall, if requested by any person thereby affected, produce such certificate to that person for inspection.

F212[(3A) An appointment under this section as an authorised officer shall cease

(a) on the revocation by the Commission of the appointment,

(b) if the appointment is for a fixed period, on the expiry of that period, or

(c) if the person appointed ceases to be a member of staff of the Commission, on the date on which he or she so ceases.]

(4) For the purposes of the exercise by the Commission of its functions under this Act, F213[the Water Services (No. 2) Act 2013] F214[or the Gas (Amendment) Act, 2000] an authorised officer may—

(a) enter at any reasonable time any premises owned or occupied by a person to whom this section applies for the purpose of exercising any powers conferred on him or her by this subsection,

F215[(b) require a person to whom this section applies or any member, officer or employee of the person to whom this section applies to produce to the authorised officer any books, documents or records (and in the case of such information in a non-legible form to reproduce it in permanent legible form) which are in his or her power or control or to give him or her such information, whether oral or written, as the officer may reasonably require in relation to any entries in such records,

(bb) require any such person to give to the officer any other information, whether oral or written, which the officer may reasonably require to determine whether this Act F216[, the Water Services (No. 2) Act 2013] or the Gas (Interim) (Regulation) Act, 2002, are being complied with,]

(c) inspect and take extracts from or make copies of any books, documents and records (including in the case of information in a non-legible form a copy of or extract from such information in a permanent legible form), and

(d) require a person to whom this section applies to maintain such books, documents and records for such period or periods of time as the authorised officer may direct.

(5) Where an authorised officer in exercise of his or her powers under this section is prevented from entering any premises an application may be made under section 12 for a warrant to authorise such entry.

(6) A person to whom this section applies who—

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

(b) fails or refuses to comply with a requirement under this section,

(c) knowingly alters, suppresses or destroys any books, documents or records which the person concerned has been required to produce, or may reasonably expect to be required to produce, or

(d) knowingly gives to the Commission or to an authorised officer information which is false or misleading, in a material respect,

shall be guilty of an offence and shall be liable on summary conviction F217[to a class A fine].

Annotations

Amendments:

F208

Substituted (10.07.2000) by Gas (Amendment) Act 2000 (26/2000), s. 12(a), commenced on enactment.

F209

Inserted (21.07.2022) by Circular Economy and Miscellaneous Provisions Act 2022 (26/2022), s. 42(a), commenced on enactment.

F210

Inserted (10.04.2002) by Gas (Interim) (Regulation) Act, 2002 (10/2002), s. 18(a), commenced on enactment.

F211

Substituted (7.02.2014) by Water Services (No.2) Act 2013 (50/2013), s. 44(1)(a), S.I. No. 76 of 2014.

F212

Inserted (28.04.2017) by Energy Act 2016 (12/2016), s. 14(a), S.I. No. 171 of 2017.

F213

Inserted (7.02.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 44(1)(b)(i), S.I. No. 76 of 2014.

F214

Inserted (11.07.2000) by Gas (Amendment) Act 2000 (26/2000), s. 12(b), commenced on enactment.

F215

Substituted and inserted (10.04.2002) by Gas (Interim) (Regulation) Act 2002 (10/2002), s. 18(b), commenced on enactment.

F216

Inserted (7.02.2014) by Water Services (No.2) Act 2013 (50/2013), s. 44(1)(b)(ii), S.I. No. 76 of 2014.

F217

Substituted (28.04.2016) by Energy Act 2016 (12/2016), s. 14(b), S.I. No. 171 of 2017.