40. (1) The Authority may appoint in writing such and so many persons or classes of persons (including persons who are employees of a person who has entered into a service agreement) as it may determine to perform any or all of the functions conferred on an authorised person under this section as may be specified in the appointment.

(2) A person appointed as an authorised person under subsection (1) shall, on his or her appointment, be furnished by the Authority with a warrant of his or her appointment and when exercising a power conferred on an authorised person under this Part shall, if requested by any person affected, produce the warrant to that person for inspection.

(3) For the purposes of ensuring that the holders of licences are each complying with this Act, or a code of practice or the requirement that small public service vehicles or vehicles being used or intended to be used for hire or reward are in a roadworthy condition, an authorised person may—

(a) subject to subsection (6), at any reasonable time, if necessary by use of reasonable force, enter the premises or place where an activity connected with or ancillary to the provision of services relating to small public service vehicles takes place or small public service vehicles are kept or located, and search the premises or place and inspect and examine any vehicle found there and inspect any licences, records or documents found there,

(b) if he or she is a member of the Garda Síochána or is accompanied by a member of the Garda Síochána—

(i) stop a small public service vehicle or vehicle purporting to be such a vehicle, or

(ii) having stopped such vehicle, require it to be moved to a nearby location for the purpose of being searched, inspected and examined, and there to so search, inspect and examine any licence or documents in the vehicle,

(c) search, inspect and examine a small public service vehicle or vehicle purporting to be such,

(d) carry out any tests upon a vehicle, or require that the vehicle be brought to a specified place at a specified time, for tests to be carried out on it,

(e) where a small public service vehicle, or a vehicle which the authorised person suspects is being used as such, is stopped or parked in a public place, search, inspect and examine the vehicle and examine any licence or other documents found in it or request from the person in charge of the vehicle production of such,

(f) secure for future inspection any premises or place where he or she believes on reasonable grounds small public service vehicles are kept or located or any premises, place or vehicles in which he or she believes on reasonable grounds licences, records or documents relating to the provision of small public service vehicle services are kept,

(g) require a person in charge of the premises, place or a vehicle on the premises, or the driver of the vehicle, to produce to him or her any licence, record or documents (and in the case of such record or document stored in non-legible form, produce to him or her a copy in legible form) relating to the provision of such services which are in the person’s power and control and to give the authorised person such information as he or she may reasonably require for the purpose of enforcing this Act,

(h) inspect and take extracts from or make copies of such licences, records or documents (including in the case of information in a non-legible form, an extract from or copy of such information in permanent legible form),

(i) remove and retain such licences, records or documents for a reasonable period for future inspection,

(j) take photographs or make any record or visual recording of any activity on the premises or place or of the vehicle,

(k) require the holder of a licence in respect of a small public service vehicle, or other person he or she believes to be in charge of the vehicle, to bring the vehicle to a specified location at a specified time for examination and testing,

(l) require the name and address and date of birth of the person in charge of the vehicle or who is found on the premises or at the place.

(4) A person appointed as an authorised person under section 49 of the Act of 2003 who, immediately before the commencement of this section, is an authorised person, shall on such commencement be deemed to be authorised under this section.

(5) An authorised person, when exercising a power under this section, may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the authorised person in the exercise of the power.

(6) An authorised person shall not enter, except with the consent of the occupier, a private dwelling, unless he or she has a search warrant under section 42 in respect of the entry of the dwelling.