Health Act 2007
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
(b) in relation to any premises referred to in section 73(2), the chief inspector conducting an inspection referred to in section 41,
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 F97[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 section 8(1)(d), or
(ii) the chief inspector considers it necessary to inspect for the purposes of an inspection referred to in section 41,
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 F98[section 41(1)(a)], of this Act, of the other Acts referred to in F98[section 41(1)(a)], or
(iii) the regulations or standards referred to in F98[section 41(1)(c) F99[…]],
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:
F97
Substituted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 36(5)(a), S.I. No. 637 of 2017.
F98
Substituted (21.07.2009) by Health (Miscellaneous Provisions) Act 2009 (25/2009) s. 64(3), commenced on enactment.
F99
Deleted (31.12.2017) by Child Care (Amendment) Act 2011 (19/2011), s. 36(5)(b), S.I. No. 637 of 2017.
F100
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.
F101
Substituted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 72(a), not commenced as of date of revision.
F102
Inserted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 72(b)(i), not commenced as of date of revision.
F103
Substituted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 72(b)(ii), not commenced as of date of revision.
F104
Substituted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 72(b)(iii), not commenced as of date of revision.
F105
Inserted by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 72(b)(iv), not commenced as of date of revision.
Modifications (not altering text):
C29
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 F100[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 F97[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 F100[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
...
C30
Prospective affecting provision: subs. (1)(b) substituted, subs. (2) amended by Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), s. 72(a), (b), not commenced as of date of revision.
75.—(1) ...
F101[(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,]
(2) ….
(a) that there are any records (including records stored in a non-legible form) relating to a service or to a registered provider or designated centre or that there is anything being used at the premises referred to in section 73(1) or (2) F102[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 F103[section 8(1)(d),]
(ii) the chief inspector considers it necessary to inspect for the purposes of an inspection referred to in F104[subsection 41, or]
F105[(iii) the chief inspector considers it necessary to inspect for the purposes of a review referred to in section 41A,]
...