Health Act 1947

Requirement to state name and address.

93

93.(1) Where an authorised officer has reasonable grounds for believing that a person has contravened any provision of this Act or the regulations or orders made thereunder and so informs such person, the authorised officer may, subject to subsection (2) of this section, require such person to state his name and address and, if the authorised officer thinks it necessary, to produce corroborative evidence of his name and address.

(2) An authorised officer (other than a manager or a chief medical officer) shall not make a requirement under this section unless either—

(a) he is in a uniform provided for use by him when performing his duties, or

(b) he produces, for inspection by the person on whom he makes the requirement, if that person requests him so to do, the appropriate written authority given to him by the Minister or the health authority as the case may be.

(3) Where a person fails or refuses to state his name or address in compliance with a requirement made under this section by an authorised officer or, in purported compliance with the requirement, states a name or address or produces corroborative evidence which the authorised officer has reasonable grounds for believing is false or misleading, the following provisions shall, unless the authorised officer has reasonable grounds for believing that such person is a probable source of infection with an infectious disease, have effect—

(a) the authorised person may detain such person and bring him to the nearest Garda Síochána station,

(b) such person, on being brought to the nearest Garda Síochána station, shall be detained therein, subject to a maximum period of detention of twenty-four hours, until the authorised officer becomes satisfied as to his correct name and address,

(c) force may, if necessary, be used for the purpose of carrying out any provision of this subsection.

(4) A person who—

(a) fails or refuses to state his name or address in compliance with a requirement under this section, or

(b) gives in purported compliance with a requirement under this section a name, an address or corroborative evidence which is false or misleading, or

(c) resists being detained under this section or being brought under this section to a Garda Síochána station,

shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

Annotations

Modifications (not altering text):

C46

Word “manager” construed (1.04.1971) by Health Act, 1970 (Adaptation) Regulations 1971 (S.I. No. 106 of 1971), reg. 6 and sch., in effect as per reg. 2

6. Each of the enactments and regulations mentioned in the first column of the Schedule to this Order shall be adapted in the manner and to the extent specified in the second column of the said Schedule.

SCHEDULE

...

Health Act, 1947 (No. 28 of 1947)

...

In section 93 (2) the words “chief executive officer of a health board” shall be substituted for the word “manager”.

...

C47

References construed (1.04.1971) by Health Boards (Functions of Chief Executive Officers) Order 1971 (S.I. No. 107 of 1971), reg. 3, in effect as per reg. 2.

3. Each reference to a health authority, specified in the third column of the Schedule in the enactments and statutory instruments mentioned in the second column, shall be construed as a reference to the chief executive officer of a health board.

SCHEDULE

Number and Year

Title

References to a health authority

28 of 1947 ...

Health Act, 1947

The references in section 32 and the reference in section 93 (2) (b)

...

...

...

Editorial Notes:

E1178

The Euro equivalent of £20 mentioned in subs. (8) is €25.40. This translates into a Class E fine, not greater than €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(2) and table ref. no. 6, S.I. No. 662 of 2010.