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Powers of authorised officers
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17. (1) An authorised officer may, for the purpose of obtaining any information which may be required in relation to a matter under investigation under this Act—
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(a) subject to subsection (3), at all reasonable times enter (if need be by reasonable force) or, where the premises is a vehicle, stop and enter (if need be by reasonable force), any premises on, at or in which there are reasonable grounds to believe that any trade or business or any activity in connection with sunbeds is, or has been, carried on, or that records in relation to that trade, business or activity are kept, and search and inspect the premises and any records that are on, at or in that premises,
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(b) secure for later inspection any, or any part of any, premises on, at or in which such records are kept or there are reasonable grounds for believing that such records are kept,
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(c) require any person who carries on such trade, business or activity or any person employed in respect of such trade, business or activity to produce to the authorised officer such records and where such records are kept in a non-legible form to reproduce them in a legible form or to give to him or her any information as the authorised officer may reasonably require in relation to such records,
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(d) inspect and take copies of or extracts from any such records on, at or in the premises, including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form,
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(e) make a record whether in writing, by photography or otherwise of any record or thing on, at or in the premises,
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(f) remove and retain such records for such periods as may be reasonable for further examination,
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(g) require any such person to give to the authorised officer any information which the authorised officer may reasonably require regarding such trade, business or activity or in respect of the persons carrying on such trade, business or activity or employed in connection with such trade, business or activity,
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(h) require any such person to give to the authorised officer any other assistance or information which the authorised officer may reasonably require in respect of such trade, business or activity,
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(i) 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 authorised officer all reasonable assistance in relation to it and assist in the retrieval of information connected with the operation of such data equipment, apparatus or material,
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(j) without payment, take for analysis and examination such reasonable samples of or from any relevant thing on the sunbed premises concerned as he or she considers necessary for the purposes of this Act,
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(k) carry out, or have carried out such examinations and tests on samples taken in accordance with paragraph (j) as he or she reasonably considers to be necessary,
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(l) examine protective eyewear on the premises and where the authorised officer reasonably considers such eyewear does not meet the standard required under section 7 remove, without payment, such eyewear for further inspection, examination and testing and, where the protective eyewear concerned does not meet the standard required, destroy that eyewear,
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(m) summon, at any reasonable time, any other person employed in connection with such trade, business or activity to give to the authorised officer any information which the authorised officer may reasonably require in relation to such trade, business or activity and to produce to the authorised officer any records which are in the control of that other person.
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(2) An authorised officer may, for the purpose of obtaining any information which may be required in relation to a matter under investigation under this Act, 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 sunbeds is, or has been, carried on and may—
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(a) pay or make tender of payment, for the use of a sunbed, or
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(b) confirm the price at which a sunbed service is on offer or any other information relating to the sunbeds for the purpose of the investigation.
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(3) An authorised officer shall not, other than with the consent of the occupier, enter a dwelling unless he or she has obtained a warrant from the District Court under subsection (6) authorising such entry.
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(4) Where an authorised officer in the exercise of his or her powers under this section is prevented from entering any premises an application may be made under subsection (6) authorising such entry.
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(5) An authorised officer, when exercising any powers conferred on an authorised officer by this section, may, subject to any warrant issued under subsection (6), be accompanied by such other authorised officers or members of the Garda Síochána or both as he or she considers necessary.
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(6) Without prejudice to the powers conferred on an authorised officer under this section, 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 there is information required by an authorised officer under this section held on or at any, or any part of any, premises, the judge may issue a warrant authorising an authorised officer (accompanied, where appropriate, by such other authorised officers or members of the Garda Síochána or both) 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, using reasonable force where necessary, and exercise all or any of the powers conferred on an authorised officer under this section.
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(7) A person who falsely represents himself or herself as an authorised officer commits an offence.
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(8) A person who—
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(a) obstructs or impedes an authorised officer in the exercise of a power under this section,
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(b) without reasonable excuse, does not comply with a request or requirement of an authorised officer under this section, or
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(c) in purported compliance with such a requirement gives information that is false or misleading in a material respect, commits an offence.
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(9) Where an advertisement in relation to the sale, hire or use of sunbeds is published and does not include the name and address of the person who procured such publication or his or her agent, the publisher of the advertisement shall, if the Executive or an authorised officer so requests within 12 months of the publication of the advertisement, give to the Executive or the authorised officer, the name and address of such person or his or her agent without delay.
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(10) A person who fails to comply with a request under subsection (9) or, in purported compliance with such a request, gives information that is false or misleading in a material respect, commits an offence.
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