Health Act 1947

F46[Application for emergency cessation order

31AF

31AF. (1) A compliance officer may apply ex parte to the District Court, at the next available sitting of that court, for an order (in this Act referred to as a "emergency cessation order") for the temporary restriction of access by members of the public to a relevant indoor premises, for a period not exceeding 72 hours, where—

(a) one, or more than one, indoor operator fails or refuses to comply with a direction under section 31AE(2), and

(b) in light of such failure or refusal, the compliance officer is of the opinion that such failure or refusal is continuing or is likely to recur.

(2) An application under subsection (1) shall be made on the sworn information of the compliance officer concerned and shall state the basis on which the application is made.

(3) The District Court may, in any case where it considers it appropriate to do so, adjourn the hearing of an application made under subsection (1) and direct that the indoor operator be notified of the date of the adjourned hearing and served with a copy of the sworn information referred to in subsection (2).

(4) The District Court may make an emergency cessation order directing an indoor operator, notwithstanding section 31AB, not to permit, or otherwise grant, persons access to a relevant indoor premises where the court is satisfied that, in relation to a particular relevant indoor premises—

(a) there has been a failure or refusal by an indoor operator to comply with a direction given under section 31AE(2),

(b) such failure or refusal is continuing or is likely to recur, and

(c) the making of the order is appropriate in the circumstances.

(5) An emergency cessation order—

(a) shall specify the ground or grounds for making the order, and

(b) shall specify the date on which, and the time on that date from which, the order is to take effect.

(6) Where an application is heard ex parte, a compliance officer shall notify the indoor operator concerned forthwith of the making of an emergency cessation order and shall, at the same time, provide a copy of the sworn information referred to in subsection (2) to the indoor operator.

(7) Subject to subsection (8), where an emergency cessation order has been made ex parte, the indoor operator may apply to the District Court to have the order discharged.

(8) An application under subsection (7) may only be made where the indoor operator has notified in writing the relevant body by which the compliance officer was appointed of the making of the application not less than 6 hours prior to the sitting of the District Court at which the application is to be made.

(9) The District Court shall, on application to it under subsection (7), discharge the order where the indoor operator proves to the satisfaction of the court that any directions given by a compliance officer to a person in respect of the relevant indoor premises have been and continue to be complied with.

(10) The District Court may, on application to it under subsection (7), discharge an emergency cessation order where—

(a) the indoor operator gives an undertaking to the court that the conditions in section 31AB(3) will be complied with in respect of the relevant indoor premises, and

(b) the court is satisfied that the discharge of the order is appropriate in the circumstances.

(11) This section applies whether or not a compliance notice has been issued in respect of the relevant premises concerned.]

Annotations:

Amendments:

F46

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).