Electricity Regulation Act 1999

9EA

F158[Electrical investigation officer.

9EA. (1) The Commission may appoint a person to be an electrical investigation officer for the purposes of investigating whether designated electrical works and specified works are carried out safely and adequately and by registered electrical contractors.

(2) In exercising his or her powers under this section an electrical investigation officer may enter on any land or premises at any reasonable time where he or she has reason to believe that designated electrical works or specified works have been or are being carried out and there

(a) make such inspections or inquiries and carry out such tests including inspection of specified or designated electrical work carried out by any person in the interests of safety, as he or she thinks fit,

(b) take any verbal or written statement, measurement or photograph or make any electrical or electronic recording which he or she considers necessary for the purposes of any such inspection or inquiry,

(c) take samples of electrical cabling or fittings or any other part of an electrical installation which he or she considers necessary to the inspection or inquiry,

(d) require any relevant person in authority to produce to him or her such documents, records or materials as are in that persons possession or control relating to the matter under inquiry and to give to him or her such information as he or she may reasonably require in regard to such documents, records or materials,

(e) inspect and copy or extract information from documents, records or materials produced to him or her under paragraph (d) or which he or she finds during the course of entry on the land or into the premises concerned,

(f) carry out such designated works or specified works or take such measures as he or she considers appropriate, including requesting the distribution system operator to disconnect or turn off the supply of electricity, for the protection of any person or any property from any danger arising from electrical works,

(g) where he or she has carried out designated works or specified works under paragraph (f) issue a completion certificate for such works,

(h) instruct any person to perform or refrain from performing any act, if in the opinion of the electrical investigation officer, the performance or non performance of such act is necessary for the purposes of preserving evidence or in order to reduce or prevent any danger arising from electricity.

(3) Where an electrical investigation officer enters on any land or into any premises in pursuance of his or her duties under this section, he or she shall act in a reasonable manner and shall provide a report on his or her activities and findings to either the Commission or the designated body or both as the case may be.

(4) A person appointed under subsection (1) shall be furnished with a certificate of his or her appointment by the Commission and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce the certificate to such person for inspection.

(5) Where an electrical investigation officer enters on land or into any premises in pursuance of powers conferred by this section, the Commission shall ensure as soon as possible after the powers have been exercised under this section that

(a) the land or premises, as the case may be, is left no less secure by reason of the entry, and

(b) any damage caused by the electrical investigation officer is made good or that compensation is paid to the occupier or owner of the land concerned.

(6) A person commits an offence if he or she

(a) obstructs or impedes an electrical investigation officer in the exercise of his or her powers conferred by this section,

(b) fails or refuses to comply with an instruction given by an electrical investigation officer under this section,

(c) knowingly gives to an electrical investigation officer information which is false or misleading in a material respect, or

(d) turns on or reconnects the supply of electricity which supply has been turned off or disconnected by the distribution system operator on the request of the electrical investigation officer without the consent of the distribution system operator.

(7) A person who commits an offence under this section is liable

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding 15,000.

(8) In this section:

designated electrical works means a class of electrical works designated under section 9E(1);

electrical investigation officer means a person appointed as such under subsection (1);

specified works has the meaning assigned to it by section 9D(28).]

Annotations

Amendments:

F158

Inserted (16.04.2012) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 6, S.I. No. 122 of 2012. A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 3(1), S.I. No. 662 of 2010.

Editorial Notes:

E44

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