Health Act 1947

F56 [ Power of member of Garda Síochána to give direction

31D

31D. (1) Without prejudice to the generality of subsection (7) of section 31A, where a member of the Garda Síochána finds a person in a public place and suspects, with reasonable cause, that such person—

( a ) intends to enter a dwelling for the purpose of attending an event organised in contravention of a dwelling event provision,

( b ) is about to enter a dwelling for that purpose, or

( c ) is attempting to enter a dwelling for that purpose,

the member may direct the person to leave immediately that place and the vicinity thereof in a peaceable and orderly manner.

(2) Without prejudice to the generality of subsection (7) of section 31A, where a member of the Garda Síochána suspects, with reasonable cause, that an event in contravention of a dwelling event provision is taking place, he or she may direct the occupier to require and cause all persons attending the event (other than persons for the time being residing in the dwelling) to leave immediately the dwelling and the vicinity of the dwelling in a peaceable and orderly manner.

(3) A member of the Garda Síochána may, for the purposes of the giving of a direction—

( a ) attend at the main entrance of a dwelling, and

( b ) require the occupier to provide the member with his or her name.

(4) It shall be an offence for any person, without reasonable excuse, to fail to comply with a direction given by a member of the Garda Síochána under this section.

(5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F57 [ €4,000 ] or imprisonment for a term not exceeding one month or both. ]

Annotations:

Amendments:

F56

Inserted (26.10.2020 to 9.06.2021, 9.11.2021, 9.02.2022, 31.03.2022) by Health (Amendment Act 2020 (19/2020), s. 5, commenced as per s. 6(2). The period and amending Act were continued in operation to 9 November 2021 (10.06.2021) by Health and Criminal Justice (Covid-19) (Amendment) Act 2021 (12/2021), s. 4, commenced as per s. 5(2). The period was again extended from 10 November 2021 to 9 February 2022 by Resolution of Dáil Éireann: Debates Volume 1013 No. 3, 3 November 2021 - Health (Amendment) Act 2020 : Motion, and by resolution of Seanad Éireann: Debates Volume 279 No. 11, 3 November 2021 - Health (Amendment) Act 2020 : Motion. It was again extended from 10 February 2022 to 31 March 2022 (10.02.2022) by the amendment of s. 6(3) by Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021 (46/2021), s. 3, commenced as per s. 5(2).

F57

Substituted (26.03.2021) by Health (Amendment) Act 2021 (1/2021), s. 6, S.I. No. 142 of 2021.

Editorial Notes:

E841

The section heading is taken from the amending section in the absence of one included in the amendment.