Circular Economy and Miscellaneous Provisions Act 2022

Operation of mobile recording device by authorised person for certain purposes

21. (1) The Act of 1996 is amended by the insertion of the following section after section 14A (inserted by section 20 ):

“14B. (1) An authorised person acting in the course of his or her duties under this Act may, in accordance with this section and with the code of practice approved under section 14C for the purposes of the operation of this section, operate a mobile recording device for the purposes of—

(a) preventing, investigating, detecting or prosecuting offences under this Act, or

(b) ensuring his or her personal safety or security in preventing, investigating, detecting or prosecuting offences under this Act.

(2) The operation of a mobile recording device under subsection (1) must be necessary for, and proportionate to, the purpose for which it is operated.

(3) A mobile recording device shall be operated by an authorised person in accordance with the code of practice approved under section 14C for the purposes of the operation of this section.”.

(2) The Minister shall not make an order under section 1 (2) for the purposes of bringing s ubsection (1) into operation until such time as a code of practice for the purposes of the operation of section 14B (inserted by subsection (1)) of the Act of 1996 has been approved by the Minister under section 14C (inserted by section 22 ) of that Act and laid before each House of the Oireachtas in accordance with section 14C.