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Inspection
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24. (1) For the purpose of this Act, the competent authority may request an inspector to perform the functions specified in subsection (3).
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(2) When exercising a power conferred on an inspector under this Act, the inspector shall, on request by a person thereby affected, produce the certificate of his or her appointment under section 56 of the Act of 1999, or a copy of it, and a form of personal identification to that person for inspection.
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(3) An inspector may—
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(a) subject to subsection (4), at all reasonable times, and if necessary by use of reasonable force, enter any premises of a producer, intermediary or trader which the inspector has reasonable grounds to believe are being or have been used in the production or sale of electricity or in which the inspector has reasonable grounds to believe that records relating to the production or sale of electricity are kept,
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(b) at such premises inspect and take copies of any books, records, other documents (including documents stored in non-legible form) or extracts therefrom that he or she finds in the course of his or her inspection,
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(c) remove any such books, records or documents, from such premises and retain them for such period as he or she reasonably considers to be necessary for the purpose of this Act,
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(d) require any person at the premises, the owner or person in charge of the premises or any person employed therein to—
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(i) give to the inspector such assistance and information, and
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(ii) produce to the inspector such books, records or other documents (and in the case of records or documents stored in non-legible form, a legible reproduction thereof), that are in that person’s possession or procurement,
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as the inspector requires for the purpose of this Act,
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(e) require any person at the premises (including the owner, person in charge of the premises and any person employed therein) to answer such questions as the inspector may ask relative to any matter in connection with compliance with this Act, or
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(f) take possession of, remove from the premises and retain (for such period as he or she considers reasonably necessary for the purposes of his or her functions under this Act) anything referred to in paragraph (b) found at the premises.
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(4) An inspector shall not enter a dwelling otherwise than pursuant to a warrant under subsection (5).
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(5) Upon the sworn information of an inspector, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that information, books, records or other documents (including information, books, records or documents stored in non-legible form) relating to the production or sale of electricity are kept at a dwelling, issue a warrant authorising a named inspector, accompanied by such other inspector or member of the Garda Síochána as the judge considers necessary to—
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(a) enter the dwelling (if necessary by the use of reasonable force),
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(b) inspect the dwelling, and
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(c) exercise all or any of the powers of an inspector under subsection (3).
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(6) Where an inspector, in the exercise of his or her powers under subsection (3)—
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(a) is prevented, or otherwise refused permission, from entering any premises, or
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(b) has reason to believe that evidence related to a suspected offence under this Act may be present in the premises and that evidence may be removed therefrom or destroyed,
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the inspector may apply to the District Court for a warrant authorising the entry by the inspector onto the premises.
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(7) If, on application to him or her under subsection (6), a judge of the District Court is satisfied on the sworn information of the inspector that he or she—
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(a) has been prevented, or otherwise refused, from entering a premises,
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(b) has reason to believe that evidence related to a suspected offence under this Act may be present in the premises and that evidence may be removed therefrom or destroyed,
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the Court may issue a warrant authorising that person, accompanied by another inspector or member of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant if so requested, to enter, if need be by reasonable force, the premises concerned and exercise all or any of the powers conferred on an inspector under subsection (3).
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(8) A person who—
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(a) obstructs or interferes with an inspector or a member of the Garda Síochána in the course of exercising a power conferred on him or her under subsection (3) or a warrant under subsection (5) or (7) or impedes the exercise by the inspector or member of such power, or
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(b) fails or refuses to comply with a requirement of an inspector pursuant to paragraph (d) or (e) of subsection (3) or in purported compliance with such requirement gives information or makes a declaration to the inspector that he or she knows to be false or misleading in any material respect,
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shall be guilty of an offence.
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(9) A statement or admission made by a person pursuant to a requirement under paragraph (d) or (e) of subsection (3) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (8)).
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(10) An inspector may be accompanied by such and so many members of the Garda Síochána as he or she considers necessary when exercising a power under this section.
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(11) In this section, “person in charge” means, in relation to a premises—
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(a) the person under whose direction and control any activities at that premises are being conducted, or
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(b) the person whom the inspector reasonably believes to be directing and controlling any activities taking place at that premises.
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