Chemicals Act 2008
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Powers of inspectors. |
12.— (1) An inspector shall, for the purposes of the relevant chemicals statutory provisions, have power to do any one or more of the following: | |
(a) subject to subsection (5), at any time enter, inspect, examine and search any place to which the inspector has reasonable grounds for believing that the relevant chemicals statutory provisions apply; | ||
(b) inquire into, search, examine and inspect— | ||
(i) any place referred to in paragraph (a), | ||
(ii) any activity, installation, process, procedure or matter at that place, and | ||
(iii) any chemicals or records relating to it, | ||
to ascertain whether the relevant chemicals statutory provisions have been or are being complied with and, for that purpose, take with him or her and use any equipment or materials he or she considers necessary; | ||
(c) require that that place and anything at it be left undisturbed for so long as is reasonably necessary for the purpose of any search, examination, investigation, inspection or inquiry under the relevant chemicals statutory provisions; | ||
(d) require the person in charge to produce to the inspector— | ||
(i) any chemical to which the relevant chemicals statutory provisions apply which is in the possession or under the control of such person, and | ||
(ii) any records and, in the case of such information in a non-legible form, to reproduce it in a legible form and to give to the inspector such information as the inspector may reasonably require in relation to any entries in those records; | ||
(e) inspect and take copies of or extracts from any such records or any electronic information system at that place, including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form or require that such copies be provided; | ||
(f) require a person at that place by whom or on whose behalf a computer is or has been used to produce or store records or any person having control of, or otherwise concerned with the operation of the computer, to afford the inspector access thereto and all reasonable assistance as the inspector may require; | ||
(g) remove from that place and retain the records (including documents stored in a non-legible form) and copies taken and detain the records for such period as the inspector reasonably considers to be necessary for further examination or until the conclusion of any legal proceedings; | ||
(h) require that records at that place be maintained for such period as may be reasonable; | ||
(i) require the person in charge to give the inspector such information as the inspector may reasonably require for the purposes of any search, examination, investigation, inspection or inquiry under the relevant chemicals statutory provisions; | ||
(j) require the person in charge to give the inspector such assistance and facilities within the person’s power or control as are reasonably necessary to enable the inspector to exercise any of his or her powers under the relevant chemicals statutory provisions; | ||
(k) require by notice, at a time and place specified in the notice, any person (including the person in charge) to give the inspector any information that the inspector may reasonably require in relation to the place, any chemical, activity, installation or procedure at the place, and to produce to the inspector any records that are under that person’s power or control; | ||
(l) examine any person whom the inspector reasonably believes to be able to give to the inspector information relevant to any search, examination, investigation, inspection or inquiry under the relevant chemicals statutory provisions and require the person to answer such questions as the inspector may ask relative to the search, examination, investigation, inspection or inquiry and to sign a declaration of the truth of the answers; | ||
(m) require that any procedure be followed for the purposes of any search, examination, investigation, inspection or inquiry under the relevant chemicals statutory provisions; | ||
(n) take any measurements or photographs or make any tape, electrical or other recordings that the inspector considers necessary for the purposes of any search, examination, investigation, inspection or inquiry under the relevant chemicals statutory provisions; | ||
(o) take samples of air, soil, water or waste at or near that place; | ||
(p) where appropriate, install, use and maintain at that place monitoring instruments, systems and seals for the purposes of the relevant chemicals statutory provisions; | ||
(q) there, or at any other place, carry out, or have carried out, such testing, examination or analysis of any chemical found at that place, as he or she reasonably considers to be necessary, and for that purpose— | ||
(i) require the person in charge to supply the inspector without charge any chemical or samples thereof, or | ||
(ii) remove any chemical or samples thereof; | ||
(r) cause any chemical found at that place in respect of which there has been or there appears to the inspector to have been a contravention of the relevant chemicals statutory provisions, to be subjected to any testing, examination or analysis in accordance with paragraph (q) (but not so as to damage or destroy it unless this is necessary for the purposes of the relevant chemicals statutory provisions) and where an inspector proposes to exercise the power conferred by this subsection in the case of a chemical found at any place, he or she shall, if so requested by the person in charge, cause anything that is to be done by virtue of that power to be done in the presence of that person; | ||
(s) remove and retain for such period as is necessary any chemical found at that place for all or any of the following purposes: | ||
(i) to examine or arrange for the examination, testing or analysis of the chemical; | ||
(ii) to ensure that it is not tampered with before the examination of it under subparagraph (i) is completed; | ||
(iii) to ensure that it is available for use as evidence in any proceedings; | ||
(t) where necessary— | ||
(i) require the disposal of a chemical in respect of which there has been or there appears to the inspector to have been a contravention of the relevant chemicals statutory provisions at the expense of the person in charge, or remove that chemical and arrange for it to be disposed of at the expense of the person in charge, and | ||
(ii) require that such disposal shall be— | ||
(I) such as will prevent the chemical from being used or placed on the market, and | ||
(II) in compliance with requirements under the Waste Management Acts 1996 to 2003; | ||
(u) require the removal from the market of a chemical by the person who has placed that chemical on the market, where it appears to the inspector that, in relation to that chemical, the relevant chemicals statutory provisions have been contravened. | ||
(2) Where a chemical is found at a place, and an inquiry is made by an inspector in the course of a search, examination, investigation or inspection as to the identity of the person who supplied that chemical, the person in charge shall give the inspector the name and address of the supplier from whom the chemical was purchased or otherwise obtained. | ||
(3) Before exercising any of the powers conferred by paragraphs (q) to (t) of subsection (1), an inspector shall, in so far as it is practicable, consult such persons as appear to him or her to be appropriate for the purpose of ascertaining what dangers, if any, there may be in doing what he or she proposes to do under those paragraphs. | ||
(4) Where under the powers conferred by subsection (1)(s), an inspector removes and retains any chemical found at a place, he or she shall, in so far as is practicable, take a sample thereof and give it to the person in charge, marked by the inspector in a manner sufficient to identify it. | ||
(5) An inspector shall not enter a dwelling other than— | ||
(a) with the consent of the occupier, or | ||
(b) in accordance with a warrant of the District Court issued under subsection (8) authorising such entry. | ||
(6) A national authority may authorise any other person as it considers appropriate to accompany an inspector in the performance of his or her functions. | ||
(7) Where an inspector in the exercise of his or her powers under this section is prevented from entering any place, an application may be made to the District Court for a warrant under subsection (8) authorising such entry. | ||
(8) Without prejudice to the powers conferred on an inspector by or under any other provision of this section, if a judge of the District Court is satisfied by information on oath of an inspector that there are reasonable grounds for believing that— | ||
(a) there are any chemicals at any place or any records (including documents stored in a non-legible form) or information, relating to a place, that the inspector requires to inspect for the purposes of the relevant chemicals statutory provisions, held at any place, or | ||
(b) there is, or such an inspection is likely to disclose, evidence of a contravention of the relevant chemicals statutory provisions, | ||
the judge may issue a warrant authorising an inspector, accompanied by such other inspectors or such other competent persons as may be appropriate or members of the Garda Síochána as may be necessary, at any time or times, within one month from the date of issue of the warrant, on production of the warrant if requested, to enter the place, if necessary by the use of reasonable force, and perform the functions conferred on an inspector by or under the relevant chemicals statutory provisions. | ||
(9) Where an inspector has reasonable grounds for apprehending any serious obstruction in the performance of his or her functions or otherwise considers it necessary, he or she may be accompanied by a member of the Garda Síochána or any other person authorised by a national authority, when performing any functions conferred on him or her by or under the relevant chemicals statutory provisions. | ||
(10) A statement or admission made by a person pursuant to a requirement under subsection (1)(i), (k) or (l) shall not be admissible in proceedings brought against that person for an offence (other than an offence under section 29 (9)). | ||
(11) Where an inspector, upon reasonable grounds, believes that a person has committed an offence under the relevant chemicals statutory provisions 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. | ||
(12) In this section “ person in charge ” means, in relation to a place— | ||
(a) the person under whose direction and control the activities at that place are being conducted, or | ||
(b) the person whom the inspector has reasonable grounds for believing is in control of that place. |