Health Act 2007

75

Further circumstances in which District Court may issue warrant.

75.— (1) Where—

(a) in relation to any premises referred to in section 73(1), an authorised person monitoring compliance with the standards in accordance with section 8(1)(c) or conducting an investigation referred to in section 8(1)(d), or

F86[(b) in relation to any premises referred to in section 73(2) or (2A), the chief inspector conducting an inspection referred to in section 41 or a review referred to in section 41A,]

is prevented or has reasonable cause to believe there is a likelihood that he or she will be prevented from entering the premises, an application may be made to the District Court for a warrant under subsection (2) authorising the entry.

(2) If a judge of the District Court is satisfied on the sworn information of an authorised person or the chief inspector that there are reasonable grounds for believing—

(a) that there are any records (including records stored in a non-legible form) relating to a service or to a F87[registered provider or designated centre] or that there is anything being used at the premises referred to in section 73(1) or (2) F88[or, in the case of a review referred to in section 41A, section 73(2A)], which—

(i) the authorised person considers it necessary to inspect for the purposes of monitoring compliance with standards in accordance with section 8(1)(c) or an investigation referred to in F89[section 8(1)(d),]

(ii) the chief inspector considers it necessary to inspect for the purposes of an inspection referred to in F89[subsection 41, or]

F88[(iii) the chief inspector considers it necessary to inspect for the purposes of a review referred to in section 41A,]

or

(b) that there is, or such an inspection is likely to disclose, evidence of a contravention of this Act or the regulations or, in the case of an inspection referred to in paragraph (a)(ii), a contravention of—

(i) this Act or the regulations,

(ii) the provisions, specified in F90[section 41(1)(a)], of this Act, of the other Acts referred to in F90[section 41(1)(a)], or

(iii) the regulations or standards referred to in F90[section 41(1)(c) F91[]],

the judge may issue a warrant permitting the authorised person or the chief inspector or an inspector, accompanied by other persons with appropriate qualifications, or by members of the Garda Síochána as may be necessary, at any time or times, within one month after the date of issue of the warrant, on production of the warrant if requested, to enter the premises, if need be by reasonable force, and to perform the functions conferred by or under section 73.

Annotations

Amendments:

F86

Substituted (26.09.2024) by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 72(a), S.I. No. 482 of 2024.

F87

Substituted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 36(5)(a), S.I. No. 637 of 2017.

F88

Inserted (26.09.2024) by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 72(b)(i), (iv), S.I. No. 482 of 2024.

F89

Substituted (26.09.2024) by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 72(b)(ii), (iii), S.I. No. 482 of 2024.

F90

Substituted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009) s. 64(3), commenced on enactment.

F91

Deleted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 36(5)(b), S.I. No. 637 of 2017.

F92

Substituted by Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 (5/2024), s. 53(3)(f)(i), (ii), not commenced as of date of revision, subject to transitional provision in s. 39.

Modifications (not altering text):

C19

Prospective affecting provision: subss. (1)(a), (2)(a)(i) amended by Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024 (5/2024), s. 53(3)(f)(i), (ii), not commenced as of date of revision, subject to transitional provision in s. 39.

75.— (1) Where—

(a) in relation to any premises referred to in section 73(1), an authorised person monitoring compliance with the standards in accordance with section 8(1)(c) or conducting an investigation referred to in F92[section 8(1)(d) or monitoring compliance with Part 3 of the Act of 2024 in accordance with section 8(1)(o) or monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act], or

...

(2) If a judge of the District Court is satisfied on the sworn information of an authorised person or the chief inspector that there are reasonable grounds for believing—

(a) that there are any records (including records stored in a non-legible form) relating to a service or to a F87[registered provider or designated centre] or that there is anything being used at the premises referred to in section 73(1) or (2), which—

(i) the authorised person considers it necessary to inspect for the purposes of monitoring compliance with standards in accordance with section 8(1)(c) or an investigation referred to in F92[section 8(1)(d) or monitoring compliance with Part 3 of the Act of 2024 in accordance with section 8(1)(o) or monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act], or

...