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Amendment of section 18 of Principal Act.
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6.—(1) Section 18 of the Principal Act is hereby amended by—
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(a) the substitution for subsection (1) of the following subsection:
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“(1) The Board may authorise in writing such and so many persons as it considers necessary to be authorised persons to inspect or investigate on its behalf the state and conduct of a scheme.”,
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(b) the substitution for subsection (3) of the following subsections:
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“(3) An authorised person shall be furnished with a certificate of his appointment as an authorised person and when exercising any power conferred on him by this section as an authorised person shall, if requested by a person affected, produce the certificate or a copy thereof to the person.
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(3A) An authorised person, for the purpose of obtaining any information which may be required by the Board in relation to a scheme, may—
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(a) at all reasonable times enter the premises of any employer, trustee or agent, as the case may be,
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(b) make such examination or inquiry as may be necessary to determine whether the provisions of this Act are being or have been complied with,
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(c) inspect and take copies of or extracts from any records (including in the case of information in a non-legible form a copy of an extract from such information in permanent legible form) relating to the scheme,
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(d) remove and retain any books of account and other documents and other records in relation to the scheme for a reasonable period for their further examination or for the purpose of any legal proceedings, and
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(e) 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 him all reasonable assistance in relation thereto.”,
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(c) the insertion after subsection (4) of the following subsections:
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“(4A) An authorised person 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 (4D) authorising such entry.
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(4B) Where an authorised person in the exercise of his powers under this section is prevented from entering any premises an application may be made under subsection (4D) authorising such entry.
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(4C) An authorised person, where he considers it necessary, may be accompanied by a member of the Garda Síochána when performing any powers conferred on an authorised person by this Act.
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(4D) If a judge of the District Court is satisfied on the sworn information of an authorised person that there are reasonable grounds for suspecting that there is information required by an authorised person under this section held on any premises or any part of any premises, the judge may issue a warrant authorising an authorised person, accompanied by other authorised persons, 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 the premises and exercise all or any of the powers conferred on an authorised person under this section.”, and
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(d) the insertion after subsection (7) of the following subsections:
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“(8) The Board may prepare or cause to have prepared one or more reports on any investigation carried out under this section and may make a copy of any such report available to any person whom the Board considers appropriate.
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(9) For the purposes of the law of defamation, the publication by the Board of any report prepared under this section shall be absolutely privileged.”.
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(2) An authorised person authorised under section 18 (1) of the Principal Act and holding office immediately before the passing of this Act shall continue in office as if authorised under the said subsection (1) inserted by this section.
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