Dublin Transport Authority Act 2008
Application to High Court for order for information.
79.— (1) Where a public transport authority or public transport operator fails to comply with the requirements of a notice in accordance with section 78, an authorised officer may make an application to a judge of the High Court for an order requiring a public transport authority or public transport operator, to do either or both of the following, namely—
(a) to deliver to the authorised officer, or to make available for inspection by the authorised officer, such documents, records or other information as are in the power, possession or procurement of the public transport authority or public transport operator and as contain, or may (in the authorised officer’s opinion formed on reasonable grounds) contain, information relevant to the functions of the Authority,
(b) to give to the authorised officer such information, explanations and particulars as the authorised officer may reasonably require, being information, explanations and particulars that are relevant to the functions of the Authority,
and which are specified in the application.
(2) Where the judge, to whom an application is made under subsection (1), is satisfied that there are reasonable grounds for the application being made, that judge may, subject to such conditions as he or she may consider proper and specify in the order, make an order requiring the public transport authority or public transport operator to whom the application relates—
(a) to deliver to the authorised officer, or to make available for inspection by the authorised officer, such documents, records or other information, and
(b) to give to the authorised officer such information, explanations and particulars,
as may be specified in the order.
Annotations
Modifications (not altering text):
C24
Application of section extended (22.12.2020) by European Union (Interbus Agreement) Regulations 2020 (S.I. No. 694 of 2020), reg. 5(2)
5. ...
(2) Sections 78 and 79 of the Act of 2008 shall apply to an authorised officer designated to be an authorised inspecting officer under Regulation 4(b), as they apply to an authorised officer appointed under section 78 of the Act of 2008, subject to the following and any other necessary modifications:
(a) a reference to an authorised officer in sections 78 and 79 of the Act of 2008 shall be construed as a reference to an authorised inspecting officer;
(b) a reference to a public transport authority or public transport operator in sections 78 and 79 of the Act of 2008 shall be construed as a reference to a transport operator.
...
C25
References in section to a public transport authority or operator construed (29.04.2013) by European Union (Rights of Passengers when Travelling by Bus and Coach Transport) Regulations 2013 (S.I. No. 152 of 2013), reg. 3.
3. The Authority is designated responsibility for the enforcement of the EU Regulation in the State which, accordingly, is a function of the Authority under the Dublin Transport Authority Act 2008 (No. 15 of 2008) and, accordingly, references in section 78 and 79 of that Act to a public transport authority or operator shall be read as including references to a provider.
C26
References in section to a public transport authority or operator construed (18.12.2012) by European Union (Rights of Passengers when Travelling by Sea and Inland Waterway) Regulations 2012 (S.I. No. 394 of 2012), reg. 3, in effect as per reg. 1(2).
3. The Authority is designated responsibility for the enforcement of the EU Regulation in the State which, accordingly, is a function of the Authority under the Dublin Transport Authority Act 2008 (No. 15 of 2008) and, accordingly, references in section 78 and 79 of that Act to a public transport authority or operator shall be read as including references to a provider.