70E.— (1) Subject to subsection (2), the Agency shall appoint such persons as it considers appropriate to carry out inspections of domestic waste water treatment systems for the purposes of this Part.

(2) The Agency shall not appoint a person to be an inspector for the purposes of this Part unless that person—

(a) has made an application to the Agency in the prescribed form accompanied by the prescribed fee,

(b) is the holder of a prescribed professional or technical qualification,

(c) has satisfactorily completed a prescribed training course,

(d) is the holder of the prescribed professional indemnity insurance, and

(e) has complied with any other prescribed requirements.

(3) An appointment under subsection (1) shall cease if—

(a) the Agency revokes the appointment, or

(b) the appointment is for a fixed period, on the expiration of that period.

(4) Where the Agency—

(a) refuses to appoint or renew the appointment of an inspector under this section, or

(b) revokes the appointment of an inspector under paragraph (a) of subsection (3),

the Agency shall notify the person in writing of the refusal or revocation together with the reasons for the refusal or revocation and the person may appeal the refusal or revocation in the prescribed manner.

(5) The Agency may, with the consent of the Minister, appoint one or more persons who, in the opinion of the Agency, have the relevant knowledge and experience in relation to domestic waste water treatment systems and the procedures in relation to carrying out an inspection to be an appeals officer for the purposes of this section (in this section referred to as an ‘appeals officer’).

(6) An appeals officer shall be independent in the performance of his or her functions under this section.

(7) An appeals officer shall consider an appeal under subsection (4) and shall, in accordance with prescribed procedures, allow or refuse the appeal.

(8) An inspector shall be furnished with a certificate of his or her appointment by the Agency.

(9) When exercising a power conferred on him or her by this Part, an inspector shall, if requested by a person affected, produce the certificate of his or her appointment or a copy of it and a form of personal identification to that person.

(10) A person who acts as an inspector for the purposes of this Part—

(a) without having been duly appointed under subsection (1),

(b) after his or her appointment has been revoked under paragraph (a) of subsection (3), or

(c) after the expiration of his or her term of appointment,

commits an offence.

(11) The Minister may, following consultation with the Agency, make regulations for the purposes of this section and, without prejudice to the generality of the foregoing, regulations under this section may provide for—

(a) application procedures in relation to the appointment, and renewal of appointment, of inspectors,

(b) criteria for appointment of inspectors, including specification of the relevant:

(i) class or classes of professional or technical qualifications to be held by a person appointed as an inspector,

(ii) class or classes of training course which a person appointed as an inspector shall have satisfactorily completed, and

(iii) professional indemnity insurance to be held by a person appointed as an inspector,

(c) an application form for appointment as an inspector (including an application form to renew such an appointment),

(d) the fee payable to the Agency, which shall not exceed €1,000, which shall accompany an application for appointment or renewal of appointment as an inspector,

(e) the period for which an appointment as an inspector shall have effect,

(f) the circumstances in which the appointment of an inspector may be revoked,

(g) procedural matters in relation to the hearing and determination of appeals under subsection (4),

(h) any consequential or ancillary matters.]