Consumer Credit Act, 1995

Authorised officers.

7.—(1) The Minister or the Director may appoint in writing such and so many persons to be authorised officers for the purposes of all or any of the provisions of this Act.

(2) The Minister or the Director may appoint in writing any person to be an authorised officer for a fixed period for the purposes of all or any of the provisions of this Act.

(3) Every authorised officer appointed under this section shall be furnished with a warrant of his appointment as an authorised officer and when exercising any power conferred on him by this section as an authorised officer shall, if requested by a person affected, produce the warrant or a copy thereof to that person.

(4) An appointment under this section as an authorised officer shall cease—

(a) in the case of an appointment made by the Minister, where the Minister revokes the appointment,

(b) in the case of an appointment made by the Director, where the Director revokes the appointment,

(c) where it is for a fixed period, upon the expiry of that period, or

(d) where the person appointed is an officer of the Minister or the Director, upon his ceasing to be such an officer.

(5) An authorised officer may, for the purpose of obtaining any information which may be required in relation to the matter under investigation in order to enable the Director to exercise his functions under this Act—

(a) at all reasonable times enter any premises, at which there are reasonable grounds to believe that any trade or business or any activity in connection with a trade or business is, or has been, carried on, or that records in relation to such trade, business or activities are kept, and search and inspect the premises and any records on the premises,

(b) secure for later inspection any premises or any part of a premises in which such records are kept or there are reasonable grounds for believing that such records are kept,

(c) require any person who carries on such trade, business or activity or any person employed therewith to produce to him such records and in the case of such information in a non-legible form to reproduce it in a legible form or to give to him such information as the officer may reasonably require in relation to any entries in such records,

(d) inspect and take copies of or extracts from any such records (including in the case of information in a non-legible form a copy of or extract from such information in a permanent legible form),

(e) remove and retain the said records for such period as may be reasonable for further examination, subject to a warrant being issued for that purpose by the District Court,

(f) require any such person to give to the officer any information which the officer may reasonably require in regard to the trade, business or activity or in regard to the persons carrying on such trade, business or activity or employed in connection therewith,

(g) require any such person to give to the officer any other information which the officer may reasonably require in regard to such trade, business or activity,

(h) require any person by or on whose behalf data equipment is or has been used or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the officer all reasonable assistance in relation thereto,

(i) summon, at any reasonable time, any other person employed in connection with the trade, business or activity to give to the officer any information which the officer may reasonably require in regard to such activity and to produce to the officer any records which are in that person's power or control.

(6) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he has obtained a warrant from the District Court under subsection (9) authorising such entry.

(7) Where an authorised officer in the exercise of his powers under this section is prevented from entering any premises an application may be made under subsection (9) authorising such entry.

(8) An authorised officer appointed under this section, where he considers it necessary, may be accompanied by a member of the Garda Síochána when performing any powers conferred on an authorised officer by this Act.

(9) If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that there is information required by an authorised officer under this section held on any premises or any part of any premises, the judge may issue a warrant authorising an authorised officer, accompanied by other authorised officers, at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under subsection (5).

(10) A person shall not obstruct or interfere with an authorised officer in the exercise of his powers under this Act or give to an authorised officer information which is false or misleading.

(11) A person shall comply with any request or requirement of an authorised officer under this Act.