C17

Prospective affecting provision: section inserted by Health (Amendment) (No. 3) Act 2021 (37/2021), s. 3, not commenced as of date of revision.

F87[38O.—(1) Where an applicable traveller leaves a designated facility—

(a) subject to a permission granted to him or her under section 38Z(5) —

(i) for a purpose other than a purpose specified in, or accordance with, subsection (20) of section 38N, or

(ii) for a purpose specified in that subsection, but fails to return after the expiration of the period which is strictly necessary for the purpose,

or

(b) subject to section 38N(20), where he or she has been granted a permission under section 38Z—

(i) for a purpose other than a purpose specified in the permission, or

(ii) for a purpose specified in the permission, but fails to return after the expiration of the period specified in the permission,

the responsible person shall arrange for an approved person to return the applicable traveller to the designated facility or, if the approved person is unable to do so, the approved person may require a member of the Garda Síochána to assist, in accordance with section 38N(25) (b), in returning the applicable traveller to the designated facility concerned.

(2) For the purposes of subsection (1), a member of the Garda Síochána, either alone or with any other member of the Garda Síochána—

(a) may detain the applicable traveller for the purposes of returning the applicable traveller to a designated facility,

(b) where he or she so detains, shall return, or request a relevant person or an approved person to return, the applicable traveller to a designated facility, and

(c) where he or she so detains, shall cause to be furnished to the applicable traveller, as soon as practicable thereafter, a copy of the notification given to the Garda Síochána in respect of the applicable traveller concerned under section 38N(22) by the responsible person.

(3) An approved person or a relevant person shall have the power to return an applicable traveller to a designated facility where the approved person or relevant person is requested to do so by a member of the Garda Síochána under subsection (2) (b).]