Veterinary Practice Act 2005

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Power to inspect premises for the purposes of section 125 (a).

126.—(1) In order to perform his or her functions under section 125 (a) an authorised officer shall apply to a Justice of the District Court to issue a warrant authorising the authorised officer to perform the functions referred to at subsection (2), and the Justice of the District Court may issue the warrant if satisfied by information on oath that it is proper for him or her to do so for the purposes of section 125 (a), which warrant authorises a named authorised officer accompanied by such other authorised officers or members of the Garda Síochána as may be necessary, at any time or times within 1 month of the date of issue of the warrant, to enter that premises and perform any of the functions referred to at subsection (2).

(2) An authorised officer may:

(a) enter and inspect premises at or by means of which any activity, including the keeping of records in relation to that activity, in connection with the practice of veterinary medicine is carried on;

(b) at such premises inspect and take copies of any books, records, other documents (including documents stored in non-legible form) or extracts from them, which he or she finds in the course of his or her inspection;

(c) remove any such books, records or documents from such premises and detain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act;

(d) carry out, or have carried out, such examinations, tests, inspections and checks as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act of—

(i) the premises,

(ii) any equipment at the premises,

(iii) any animal remedies at the premises,

(iv) any animals at the premises;

(e) require any person at the premises or the owner or person in charge of the premises and any person employed there to give to him or her such assistance and information and to produce to him or her such books, documents, or other records (and in the case of documents or records stored in non-legible form, produce to him or her legible reproductions of them) that are in that person's power or procurement, as he or she may reasonably require for the purpose of his or her functions under this Act;

(f) take samples of any animal remedy or any article used in the practice of veterinary medicine found at the premises for the purposes of analysis and examination;

(g) secure for later inspection any premises or part of any premises in which an animal is or has been kept or where an animal remedy or an article used in the practice of veterinary medicine is found or ordinarily kept, or records, books or documents are found or ordinarily kept, for such period as may reasonably be necessary for the purposes of his or her functions under this Act; or

(h) take possession of or remove from the premises for examination and analysis any animal found on the premises or any animal remedy or article used in the practice of veterinary medicine and detain them for such period as he or she considers reasonably necessary for the purposes of his or her functions under this Act.

(3) Where, upon reasonable grounds, an authorised officer believes that a person has committed an offence under this Act he or she may require that person to provide him or her with his or her name and the address at which he or she ordinarily resides.

(4) In this section and, where applicable, in section 127 —

“premises” means any place, ship or other vessel, aircraft, railway wagon or other vehicle, and includes a container used to transport animal remedies, animals, or equipment used in the practice of veterinary medicine but does not include a State premises within the meaning of section 105 ;

“record” includes, in addition to a record in writing—

(a) a disc, tape, sound-track or other device, including an electronic device, in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,

(b) a film, tape or other device, including an electronic device, in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form,

(c) a photograph,

and any reference to a copy of a record includes—

(i) in the case of a record to which paragraph (a) applies, a transcript of the sounds or signals embodied in it,

(ii) in the case of a record to which paragraph (b) applies, a still reproduction of the images embodied in it, and

(iii) in the case of a record to which paragraphs (a) and (b) apply, such a transcript together with such a still reproduction;

“vehicle” means any conveyance in or by which any person or thing, or both, is transported which is designed for use on land, or in water or in the air, or in more than one of those ways, and includes—

(a) part of a vehicle,

(b) an article designed as a vehicle but not capable of functioning as a vehicle,

(c) a container or skip designed or used for carriage on a vehicle or a trailer designed for use or used with a vehicle.