Architectural Heritage (National Inventory) and Historic Monuments (Miscellaneous Provisions) Act, 1999

Appointment and functions of authorised officers.

3.—(1) The Minister, or an officer of the Minister authorised by him or her in that behalf, may, in writing, appoint persons as authorised officers for the purposes of this section.

(2) Every person appointed under subsection (1) shall, on appointment, be provided by the Minister or the appointing officer, as the case may be, with a certificate of appointment.

(3) When exercising a function conferred by this section, an authorised officer shall, if requested by any person affected, inform such person of the nature of the function being exercised and produce for inspection that officer's certificate of appointment.

(4) Subject to subsection (5), an authorised officer may do any or all of the following:

(a) at all reasonable times enter any premises for the purposes of the establishment and maintenance of the inventory;

(b) in any premises entered under this section do all things necessary for or incidental to those purposes;

(c) require any occupier of the premises to give the authorised officer such assistance as he or she may reasonably require for those purposes.

(5) (a) An authorised officer shall not enter a private dwelling, or such part of any premises as constitutes a private dwelling, except—

(i) where he or she considers it necessary for the purposes of his or her functions under this section, and

(ii) (I) with the consent of the occupier, or

(II) in accordance with a warrant issued under subsection (8).

(b) Where an authorised officer in the exercise of functions under this section intends to enter a private dwelling, then he or she shall, in addition to informing any other person in accordance with subsection (3), inform the occupier of the dwelling of—

(i) the nature of that function being exercised, and

(ii) the reasons why the authorised officer considers it necessary to gain entry,

and the officer shall give an opportunity to the occupier to give reasons why entry should be refused.

(6) Where an authorised officer in the exercise of functions under this section is prevented from entering any premises or a part of any premises (including any refusal to permit entry to a private dwelling), the officer may apply to a judge of the District Court having jurisdiction in the District Court district in which the premises are situated for a warrant authorising the officer to enter those premises.

(7) Notice of an application under subsection (6) shall be given to the occupier of the premises in respect of which the application is being made, or, if the premises are unoccupied, to the owner.

(8) If, on application under subsection (6), a judge of the District Court is satisfied on the sworn information of the authorised officer concerned that he or she has, in the exercise of functions conferred under this section, been prevented from entering any premises or a part of any premises, the judge may issue a warrant authorising the officer, at any time or times within one month from the date of issue of the warrant, to enter those premises and exercise any or all of the functions conferred under subsection (4).