Local Government Act 2001

Obstruction, etc. of authorised person.

204

204.—(1) In this section “authorised person” means a person authorised in writing by a local authority for the purpose of this section or, except in the case of subsection (4), a member of the Garda Síochána.

(2) An authorised person may request any person who appears to be contravening or to have contravened a provision of a bye-law relating to any land, service or any other thing provided by or under the control or management of the local authority to leave such land or to refrain from any activity and may remove any person failing to comply with such request.

(3) (a) A person who obstructs or impedes or refuses to comply with a request of an authorised person acting in the exercise of the functions conferred on an authorised person by this Part is guilty of an offence.

(b) Where an authorised person is of the opinion that a person is committing or has committed an offence to which this section or section 205 relates, the authorised person may demand the name and address of such person and if that demand is refused or the person gives a name or address which is false or misleading, that person is guilty of an offence.

(c) A person who is convicted of an offence under this subsection is liable on summary conviction to a fine not exceeding £1,500.

(d) Where a member of the Garda Síochána is of the opinion that a person is committing or has committed an offence to which this section or section 205 relates, that member may arrest the person without warrant.

(4) A person is not bound to comply with a request of an authorised person under this section unless the authorised person produces, if requested by the person, evidence of appointment as an authorised person for the purpose of this Part.

Annotations

Editorial Notes:

E333

A fine of £1,500 converted (1.01.1999) to €1,904.60. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.