Private Security Services Act 2004

Power of entry and inspection.


15.—(1) An inspector may, for the purposes of obtaining any information in relation to a matter under investigation by the Authority or of otherwise enabling the Authority to exercise its functions under this Act—

(a) at all reasonable times enter, inspect, examine and search any place where the inspector has reasonable cause to believe that a security service is being provided,

(b) make such examination and inquiry as may be necessary to establish whether the relevant provisions of this Act or regulations thereunder are being complied with,

(c) require the production of any records, books or accounts (whether kept in manual form or otherwise) or any other documents or information which it is necessary for the inspector to see for those purposes and inspect, examine and copy them or require that a copy of them or of any entries in them be provided to him or her,

(d) take with him or her a member of the Garda Síochána if he or she has reasonable cause to apprehend any serious obstruction in the execution of his or her duty,

(e) require any person to afford him or her such facilities and assistance within the person's control or responsibilities as are reasonably necessary to enable the inspector to exercise any of the powers conferred on him or her under paragraphs (a), (b) or (c).

(2) An inspector shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant under subsection (3) authorising the entry.

(3) A judge of the District Court, if satisfied on the sworn information of an inspector that—

(a) there are reasonable grounds for suspecting that information required by an inspector under this section is held on any premises or any part of any premises, and

(b) an inspector in the exercise of his or her powers under this section has been prevented from entering the premises or any part thereof,

may issue a warrant authorising the inspector, accompanied if necessary by other persons, at any time or times within one month from the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or part of the premises concerned and exercise all or any of the powers conferred on an inspector by subsection (1).

(4) A person who—

(a) withholds, destroys, conceals or refuses to furnish any information or thing required for the purposes of an investigation by the Authority,

(b) fails or refuses to comply with any requirement of an inspector under this section, or

(c) otherwise obstructs or hinders him or her in the performance of duties under this Act,

is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.


Editorial Notes:


A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(2) and table ref. no. 1, S.I. No. 662 of 2010.