Control of Horses Act, 1996

Power of entry to premises by authorised persons or members of Garda Síochána.

34.—(1) Where an authorised person or a member of the Garda Síochána has reasonable cause to suspect that—

(a) an offence is being or has been committed under this Act in or on any premises or in any vehicle, or

(b) a person is causing harm to or mistreating a horse on any premises or in any vehicle,

such person or member may, subject to subsection (2), stop any such vehicle or enter (if necessary by the use of reasonable force) any such premises or any such vehicle, and there, or at any other place, and with such authorised persons and members of the Garda Síochána (if any) as the person or member considers appropriate—

(i) search for any horse,

(ii) search for and examine any document and take extracts from and copies of any such document, and

(iii) exercise, in the case of an authorised person any of the functions conferred on an authorised person, or in the case of a member of the Garda Síochána any of the functions conferred on a member of the Garda Síochána, under this Act.

(2) In the exercise of a power of entry by an authorised person or a member of the Garda Síochána into any premises under this Act, such other persons as may be necessary for the purpose of assisting the authorised person or member in the exercise of his or her functions under this section may be brought into such premises and the authorised person, member or any such other person may take with them into the premises such equipment as they consider to be necessary.

(3) An authorised person or a member of the Garda Síochána shall not, other than with the consent of the occupier, enter a dwelling unless the person or member has obtained a search warrant from the District Court under section 35 authorising such entry.

(4) Where an authorised person or a member of the Garda Síochána in the exercise of his or her powers under this section is prevented from entering any premises, an application may be made under section 35 for a search warrant authorising such entry.