Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022
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Powers of authorised officers | ||
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43. (1) An authorised officer may exercise the powers set out in subsection (2)— | ||
(a) where the authorised officer is appointed by the Housing Agency, for the purposes of the performance by the Housing Agency of its functions under this Act, or | ||
(b) where the authorised officer is appointed by a designated local authority, for the purposes of the performance by the designated local authority of its functions under this Act. | ||
(2) An authorised officer may— | ||
(a) subject to subsection (3), enter any dwelling at all reasonable times, | ||
(b) inspect a dwelling and make any examination of the dwelling he or she considers necessary, | ||
(c) bring into the dwelling, or onto the land upon which the dwelling is situated, any persons or equipment he or she considers necessary, | ||
(d) where the authorised officer is appointed by the Housing Agency, drill holes in, and take samples from, the blocks in the dwelling, and arrange for such tests of those samples as he or she considers necessary, | ||
(e) require any person at the dwelling to give the authorised officer such information and assistance as the authorised officer may reasonably require, and | ||
(f) take photographs, recordings, digital images, scans, and measurements of the dwelling. | ||
(3) An authorised officer shall not enter a dwelling other than with the consent of the occupier. | ||
(4) Where entry is necessary for the purposes of paragraph (a) or (b) of section 27 (2) or section 32 and consent is refused under subsection (3), an authorised officer may enter the dwelling pursuant to a warrant under subsection (5). | ||
(5) Where a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that information required by a designated local authority for the purpose of performing its functions under paragraph (a) or (b) of section 27 (2) or section 32 is held at any place, the judge may issue a warrant authorising an authorised officer of the designated local authority, accompanied if the officer considers it necessary by such other person or a member of the Garda Síochána, at any time or times from the date of issue of the warrant, on production, if so required, of the warrant, to enter, if need be by reasonable force, the place and exercise all or any of the powers conferred on an authorised officer under subsection (2). | ||
(6) A warrant shall be valid for 28 days from its date of issue. | ||
(7) A person who refuses to provide consent to entry of an authorised officer to his or her dwelling for the purposes of this Act, shall be deemed to have withdrawn his or her application under section 13 . | ||
(8) The Minister may prescribe— | ||
(a) the standards by reference to which inspections, examinations and tests may be carried out under subsection (2). | ||
(b) the classes of persons who shall be responsible for the carrying out of tests of samples taken under subsection (2), and | ||
(c) the form and content of certificates stating the results of any tests of samples undertaken under subsection (2). | ||
(9) A certificate made in accordance with regulations made under subsection (8)(c) shall be conclusive evidence of the facts stated in it unless the contrary is shown. |