Human Tissue (Transplantation, Post-Mortem, Anatomical Examination and Public Display) Act 2024
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Powers of authorised officers - Part 5 | ||
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99. (1) For the purposes of this Part, an authorised officer may exercise any of the following powers: | ||
(a) enter (if necessary by use of reasonable force) and inspect, at any reasonable time, any premises (other than a dwelling)— | ||
(i) specified in a Part 5 licence, | ||
(ii) not specified in a Part 5 licence but at which he or she has reasonable grounds for believing that public display activities are being undertaken, or | ||
(iii) at which he or she has reasonable grounds for believing that documents or records relating to public display activities are kept; | ||
(b) require any person on the premises referred to in paragraph (a) to produce any documents or records relating to public display activities; | ||
(c) secure for inspection— | ||
(i) any documents or records relating to public display activities, or | ||
(ii) any premises (or part thereof) in which documents or records relating to public display activities are kept; | ||
(d) take samples, carry out, or have carried out, such tests, examinations, analyses, inspections or checks of any or all of the following as he or she considers reasonably necessary for the purposes of this Part: | ||
(i) the premises; | ||
(ii) anything at the premises; | ||
(iii) without prejudice to the generality of subparagraph (ii), any equipment, machinery or plant at the premises; | ||
(e) require any person at the premises or the owner or person in charge of the premises and any person employed there to give him or her such assistance and information and to produce to him or her such books, records or other documents (and in the case of documents stored in non-legible form, produce to him or her a legible reproduction thereof) that are in the person’s power or procurement, as the authorised officer may reasonably require for the purposes of this Part. | ||
(2) An authorised officer shall not enter a dwelling, other than— | ||
(a) with the consent of the occupier, or | ||
(b) pursuant to a warrant under subsection (3). | ||
(3) Upon the sworn information of an authorised officer, a judge of the District Court may, for the purposes of enabling an authorised officer to carry out an inspection under subsection (1), issue a warrant authorising a named authorised officer, accompanied by such other authorised officers or members of the Garda Síochána as may be necessary, at any time or times, before the expiration of one month from the date of issue of the warrant, to enter (if necessary by use of reasonable force) the dwelling and perform the functions of an authorised officer under subsection (1). | ||
(4) A person shall be guilty of an offence if he or she— | ||
(a) obstructs or interferes with an authorised officer or a member of the Garda Síochána in the course of exercising a power conferred on him or her by this Part or a warrant under subsection (3), or impedes the exercise by the person or member, as the case may be, of such power, or | ||
(b) fails or refuses to comply with a request or requirement of, or to answer a question asked by, an authorised officer or member pursuant to this section, or in purported compliance with such request or requirement or in answer to such question, give information to an authorised officer or member that he or she knows to be false or misleading in a material particular. | ||
(5) Where an authorised officer believes, upon reasonable grounds, that a person has committed an offence under this Part, the authorised officer may require that person to provide him or her with his or her name and the address at which they ordinarily reside and the person shall comply with that requirement. | ||
(6) A person who is guilty of an offence under paragraph (a) or (b) of subsection (4) shall be liable on summary conviction to a class C fine or imprisonment for a term not exceeding one year or both. |