Health Act 1947

F47[Compliance notice

31AG

31AG. (1) A compliance officer may, where an indoor operator fails or refuses to comply with a direction given in respect of a relevant premises under section 31AE(2), but no emergency cessation order was made in respect of such failure or refusal, issue a notice (in this Act referred to as a "compliance notice") in writing to the indoor operator setting out the matters specified in subsection (3).

(2) A compliance notice shall be issued within 5 days from the giving of the direction concerned.

(3) A compliance notice shall—

(a) identify the conditions under section 31AB(3) that have not been or are not being complied with in respect of the relevant indoor premises,

(b) state the grounds upon which any direction, given to an indoor operator in respect of the premises prior to the issuing of the notice, was made,

(c) require the indoor operator to comply with any such direction forthwith and to comply with the conditions referred to in section 31AB(3), and

(d) inform the indoor operator that the compliance officer may apply to the District Court for a cessation order under section 31AH.

(4) A compliance notice shall take effect immediately upon service on the indoor operator.

(5) An indoor operator may appeal a compliance notice under section 31AJ but the lodging of an appeal shall not, pending the outcome of the appeal, affect the operation of the notice.]

Annotations

Amendments:

F47

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).