Health Act 1947

Entry on premises.

94

94.(1) Subject to subsection (2) of this section, an authorised officer (either alone or accompanied by such assistants as he thinks proper) may at all reasonable times enter and inspect any premises for the purpose of ascertaining—

(a) whether there is or has been on or in connection with the premises any contravention of any provision of this Act or of the regulations or orders made thereunder, or

(b) the extent and nature of any such contravention, or

(c) whether circumstances exist on or in connection with the premises which would require any action to be taken under this Act or the regulations made thereunder.

(2) An authorised officer (other than a manager or a chief medical officer) shall not enter any premises under this section unless he produces for inspection by the person in occupation or in charge of the premises, if such person requests him so to do, his appointment in writing as an authorised officer.

(3) Where an authorised officer is unable to gain admission to premises which he is empowered by this section to enter, either on account of being refused admission or of being unable, after reasonable inquiry, to find a person from whom to demand admission, he may break open the premises at any time between the hours of 9 a.m. and 6 p.m. on any day.

(4) An authorised officer who is an officer of a health authority (other than a manager or a chief medical officer) or an officer of a sanitary authority shall not exercise the powers conferred on him by subsection (3) of this section without a written authorisation from the manager of such authority to do so in the particular case.

(5) A person who wilfully obstructs or interferes with the exercise by an authorised officer of a power conferred by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(6) In this section, the word “premises” includes temporary dwellings and aircraft.

Annotations

Modifications (not altering text):

C48

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

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Health Act, 1947 (No. 28 of 1947)

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In section 94 (2) the words “chief executive officer of a health board” shall be substituted for the word “manager”.

In section 94 (4) the words “chief executive officer” shall be substituted for the word “manager” wherever it occurs.

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Editorial Notes:

E1175

The Euro equivalent of £20 mentioned in subs. (5) 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.