Irish Aviation Authority Act 1993

F51[Powers of authorised officers

63C

63C. (1) For the purposes of the exercise by the company of its functions under this Act relating to the enforcement of a relevant provision, an authorised officer may—

(a) enter at any reasonable time any premises or place at which there are reasonable grounds for the officer to believe that a trade or business, or an activity in connection with a trade or business, relevant to the relevant provision is being, or has been, carried on by a person to whom this section applies otherwise than in accordance with that provision and search and inspect the premises or place and any records found therein or thereon,

(b) require any such person to produce to him or her any records which are in the person’s power or control, and in the case of information in a non-legible form to reproduce it in a legible form, and to give to the officer such information as he or she may reasonably require in relation to any entries in such records,

(c) secure for later inspection any premises or place or part thereof in or on which records are kept or where there are reasonable grounds for the officer to believe that such records are kept,

(d) inspect and take extracts from or make copies of any such records (including in the case of information in a non-legible form a copy of or extract from such information in a permanent legible form),

(e) remove and retain such records for such period as may be reasonable for further examination,

(f) require the person to maintain such records for such period of time, as may be reasonable, as the authorised officer directs,

(g) require the person to give to the officer any information which he or she may reasonably require, or

(h) require any person on the premises or place having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the officer all reasonable assistance in relation to it and assist in the retrieval of information connected with the operation of such data equipment, apparatus or material.

(2) This section applies to the following persons:

(a) an airport authority;

(b) an air navigation service provider;

(c) any person responsible for the carriage of passengers, mail or freight by air;

(d) a supplier of ground handling services;

(e) a tour operator or a travel agent;

(f) a trader within the meaning of section 2 of the Package Holidays and Travel Trade Act 1995;

(g) an aerodrome operator;

(h) a person carrying on the business of the design, manufacture, maintenance, repair or modification of aircraft or parts for aircraft;

(i) a person carrying on the business of the production of material (including fuel) for aircraft;

(j) a person carrying on the activity of the operation of aircraft;

(k) a person engaged in the training of persons engaged in any activities referred to in paragraphs (a) to (d) or (g) to (j).

(3) Where an authorised officer in exercise of his or her powers under this section is prevented from entering any premises or place, an application may be made under section 63D to the District Court for a warrant to authorise such entry.

(4) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling, unless he or she has obtained a warrant under section 63D from the District Court authorising such entry.]

Annotations

Amendments:

F51

Inserted (1.05.2022) by Air Navigation and Transport Act 2022 (40/2022), s. 75, S.I. No. 220 of 2023.