Metrology Act, 1996
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Powers of inspectors. |
10.—(1) An inspector, subject to the production, if so required, of his or her certificate of appointment, may: | |
(a) at all reasonable times, enter any premises, or any other place, including a vehicle or vessel in which he or she reasonably believes there are for the time being any instruments in use for any prescribed purpose, | ||
(b) at all reasonable times enter any premises or any other place, including a vehicle or vessel, in which any activity in connection with the manufacturing, processing, supplying, distributing, importing or retail selling of goods is carried on, | ||
(c) on entering any place by virtue of this section be accompanied by any such other persons and take with him or her any such equipment as may appear to be necessary, | ||
(d) inspect such premises and examine and test any such instruments or goods found thereon for the purposes of establishing conformity with the provisions of this Act and the Packaged Goods (Quantity Control) Act, 1980 , | ||
(e) if following any such inspection or testing an instrument is found not to be in conformity with the provisions of this Act, apply non-conformity marks to the instrument, | ||
(f) take away from the premises for examination, testing and measuring any such instrument or goods, | ||
(g) require the owner, person in charge or any employee of the place entered to provide all reasonable assistance including personal assistance, books, records or other documents to enable the inspector to carry out functions under this Act, | ||
(h) inspect and copy or take extracts from any such books, records or other documents, | ||
(i) in the case of any vehicle or vessel referred to in paragraph (a), request the owner or operator thereof to bring the vehicle or vessel to the nearest location at which appropriate test facilities are available and at which an inspection may be carried out. | ||
(2) An inspector who takes away an instrument or goods pursuant to subsection (1) (f) shall notify forthwith, and issue a receipt to, the person on whose premises the instrument or goods are taken, or that person's authorised representative, indicating that the instrument or goods as the case may be are taken in pursuance of this Act. | ||
(3) An inspector who takes away any goods in pursuance of subsection (1) (f) shall, if the owner of the goods so requests, buy the goods on behalf of the Director. | ||
(4) An inspector may seize and retain— | ||
(a) any article, instrument, stamp or goods which he or she reasonably believes to be in contravention of this Act or the Packaged Goods (Quantity Control) Act, 1980 , | ||
(b) any document relating to an instrument or any document displayed with any goods offered or exposed for sale which relates to the price or quantity of the goods, and which the inspector reasonably believes may be required as evidence in any proceedings. | ||
(5)The provisions of this section together with the provisions relating to powers of inspectors set out in section 14 of the Packaged Goods (Quantity Control) Act, 1980 , shall apply for the purposes of this Act. | ||
(6)The provisions of this section shall apply in respect of the European Communities (Non-Automatic Weighing Instruments) Regulations, 1992 ( S.I. No. 424 of 1992 ). | ||
(7)A person who— | ||
(a) obstructs or impedes an inspector in the exercise of a function, or does not comply with a requirement made by an inspector in carrying out a function, under this Act, or | ||
(b) fails, without reasonable cause to give an inspector any such assistance and/or information which the inspector may reasonably request for the purpose of the performance by the inspector of functions under this Act, or | ||
(c) knowingly or recklessly makes a false or misleading state-ment, either verbally or in writing, to an inspector who is engaged in carrying out functions under this Act, | ||
shall be guilty of an offence. |