Industrial Relations Act 1969

Enforcement of sections 10 and 11.

12

12.(1) An inspector for the purposes of Part IV of the Principal Act (in this section referred to as an inspector) may, for the purpose of enforcing the provisions of sections 10 and 11 of this Act do all or any of the following things, that is to say—

(a) enter at all reasonable times any premises where he has reasonable grounds for believing that any person affected by a registered employment agreement or fair employment rules works,

(b) require the production of wages sheets or other records of remuneration kept by an employer and inspect and examine those sheets or records and copy any material part thereof,

(c) examine with respect to any matters under section 10 or 11 of this Act or this section any person whom he has reasonable grounds for believing to be or have been a person affected by a registered employment agreement or fair employment rules and require such person to answer such questions (other than questions tending to incriminate such person) as the inspector may put relating to those matters and to sign a declaration of the truth of the answers to the questions.

(2) If a person—

(a) obstructs or impedes an inspector in the exercise of any of the powers conferred on the inspector by this section,

(b) refuses to produce any record which an inspector lawfully requires him to produce,

(c) prevents, or attempts to prevent, a person from appearing before or being questioned by an inspector, or

(d) F15[] fails or refuses to comply with any lawful requirement of an inspector under subsection 1 (b) of this section,

the person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding twenty pounds.

(3) An inspector may institute proceedings for an offence under section 10 or 11 of this Act or this section.

Annotations

Amendments:

F15

Deleted (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 55, commenced on enactment.

Modifications (not altering text):

C14

Application of section extended and its construction modified (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 52, commenced on enactment.

Powers of inspection for enforcement of registered employment agreement.

52.—The powers of inspection given to inspectors by section 12 of the Industrial Relations Act, 1969, shall be exercisable for the purpose of enforcing the provisions of section 32 of the Industrial Relations Act, 1946, and section 51 of this Act and the said section 12 and this section shall be construed as one section.

Editorial Notes:

E12

Fine for offence under subs. (2) was increased to £500 (18.07.1990) by Industrial Relations Act 1990 (19/1990), s. 4 and sch. 1, commenced on enactment. £500 converted (1.01.1999) to €634.87. This translates into a class D fine, not exceeding €1,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 7(2) and table ref. no. 2, S.I. No. 662 of 2010.