35.—(1) If it appears to the F80[Director of the Workplace Relations Commission] or an F80[adjudication officer] that a person has failed to comply with—

(a) a requirement under section 33(2)(b), or

(b) a requirement under section 34(1),

then, according as the case may require, the F80[Director of the Workplace Relations Commission] or the F80[adjudication officer] may apply to the Circuit Court for an order under this section.

(2) Subject to subsection (3) if, on an application under this section, the Circuit Court is satisfied as to the failure of the person concerned to comply with the requirement in question, the Circuit Court may make an order requiring that person to comply with the requirement.

(3) If, on an application under this section, the Circuit Court is of the opinion that the requirement in question purports to require the person concerned—

(a) to produce any record, book, document or other thing, or

(b) to furnish any information,

for which that person is entitled to claim legal professional privilege, the Circuit Court shall set aside the requirement.