Birth Information and Tracing Act 2022

50

Search powers

50. (1) An authorised officer may, for a purpose referred to in subsection (9), do any of the following:

(a) subject to subsections (3) and (5), enter and inspect any place, being a premises of a person referred to in subsection (9) at which the Authority has reasonable grounds to believe that a relevant record is being kept;

(b) at such place inspect and take copies of any relevant records (including records stored in non-legible form), or extracts therefrom, that he or she finds in the course of his or her inspection;

(c) require any person at any such place, including the owner or person in charge of the place, to produce to the authorised officer such records (and in the case of records stored in non-legible form, produce to him or her a legible reproduction thereof) that are in that person’s possession or procurement, or under that person’s control, as that authorised officer may reasonably require for the purposes of his or her functions under this section;

(d) subject to an order being obtained for such purpose from the District Court under subsection (7), seize from such place and retain any such records and take any other steps which appear to the authorised officer to be necessary for preserving or preventing interference with such records;

(e) where there is data equipment at the place which the authorised officer reasonably believes is or has been used in connection with the production or storage of a relevant record, require any person—

(i) who uses the data equipment or on whose behalf the data equipment is used, or

(ii) having charge of, or who is otherwise concerned with the operation of, such equipment,

to afford the authorised officer all reasonable assistance in relation to the operation of such equipment and any associated apparatus or material;

(f) require any person at the place concerned, including the owner or person in charge of that place, to give the authorised officer such information and assistance as the authorised officer may reasonably require for the purposes of his or her functions under this section.

(2) Subject to subsection (5), an authorised officer may use reasonable force, if necessary, to enter a place referred to in subsection (1)(a), to exercise his or her powers under this section.

(3) An authorised officer may enter and inspect a place under subsection (1)

(a) at any time during normal business hours with or without prior notice to the person in charge of the place, and

(b) at any other time on reasonable notice to the person in charge of the place.

(4) When performing a function under this section, an authorised officer may, subject to any warrant under subsection (6) or order under subsection (7), be accompanied by such number of other authorised officers or members of the Garda Síochána as he or she considers appropriate.

(5) An authorised officer shall not enter a dwelling other than—

(a) with the consent of the occupier, or

(b) pursuant to a warrant under subsection (6).

(6) Upon the sworn information of an authorised officer, a judge of the District Court may, for the purposes of enabling an authorised officer to carry out an inspection of a place at which the authorised officer has reasonable grounds for believing a relevant record is being kept, issue a warrant authorising a named authorised officer accompanied by such other authorised officers or members of the Garda Síochána as may be necessary, at any time or times, before the expiration of one month from the date of issue of the warrant, to enter the place (if necessary by using reasonable force) and exercise the powers of an authorised officer under subsection (1).

(7) The District Court may, on application to it in that behalf by the authorised officer concerned, make an order authorising that officer, accompanied by such other authorised officers or members of the Garda Síochána as may be necessary, to exercise his or her powers under subsection (1)(d) where the Court is satisfied it is necessary for the purposes referred to in that subsection.

(8) The jurisdiction conferred on the District Court by this section shall be exercised by a judge of the District Court assigned to the District Court district in which the place referred to in subsection (1) is situated.

(9) The purposes referred to in subsection (1) are the purposes of ensuring compliance by—

(a) an information source with its obligations under this Act, or

(b) a person to whom a direction under section 45 or 48 is issued with the direction.

(10) A reference in this section to a relevant record shall be construed, in the case of a person to whom subsection (9)(b) applies, as a reference to a relevant record specified in the direction referred to in that paragraph.

(11) In this section, “place” includes—

(a) a dwelling or a part thereof,

(b) a building or a part thereof, and

(c) a vehicle, whether mechanically propelled or not.