Health (Miscellaneous Provisions) (No. 2) Act 2024

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Insertion of sections 73A and 73B in Principal Act

13. The Principal Act is amended by the insertion of the following sections after section 73:

“Right of entry and inspection by chief inspector (premises that are not registered)

73A. (1) Subject to subsection (3), if the chief inspector has reasonable grounds having regard to all the circumstances to believe that a person is, at a premises, carrying on the business of a designated centre which is not registered under this Act, he or she may enter and inspect such premises at any time.

(2) The chief inspector, in the performance of functions under this section, may not enter a dwelling other than—

(a) with the consent of the occupier, or

(b) in accordance with a warrant from the District Court issued under section 73B authorising the entry.

(3) The chief inspector, in respect of premises referred to in subsection (1), may—

(a) inspect, take copies of or extracts from and remove from the premises any documents or records (including personal records) relating to the services believed to be provided at that premises,

(b) inspect the operation of any computer and any associated apparatus or material which is or has been in use in connection with the records in question,

(c) inspect any other item and remove it from the premises where the chief inspector considers it necessary or expedient for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act,

(d) interview in private any person—

(i) working at the premises concerned, or

(ii) who at any time was or is in receipt of a service at the premises and who consents to be interviewed,

and

(e) make any other examination of the premises as is necessary for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act.

(4) At any time, the chief inspector, in respect of premises referred to in subsection (1), may require any person who—

(a) is the owner of the premises or the person in control of the premises or of the services provided at the premises, or

(b) possesses or is in charge of any records held at the premises or in respect of any services provided at the premises, even if the records are held elsewhere,

to furnish the chief inspector with the information the chief inspector reasonably requires for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act and to make available to the chief inspector any document or record in the power or control of the person described in paragraph (a) or (b) of this subsection that, in the opinion of the chief inspector, is relevant for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act.

(5) If a person is required under this section to produce a document or record and that document or record is kept by means of a computer, the chief inspector, for premises referred to in subsection (1), may require the person who is required to produce that document or record to produce it in a form which is legible and can be taken away.

(6) If the chief inspector, in respect of premises referred to in subsection (1), considers an explanation necessary and expedient for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act, the chief inspector may require a person who is in control of the premises or a person who possesses or is in charge of any documents or records which are the subject of the inspection under this section to provide an explanation of any—

(a) documents or records inspected, copied or provided in accordance with this section,

(b) other information provided in the course of the inspection, or

(c) other matters which are the subject of the functions being exercised by the chief inspector under this section.

(7) In this section and section 73B, ‘dwelling’ includes any part of a designated centre (including a centre where a person is carrying on the business of a designated centre that is not registered under this Act) occupied as a private residence by—

(a) a member of staff of the centre, or

(b) a person managing or participating in the management of the centre.

Circumstances in which District Court may issue warrant for premises that is not registered

73B. (1) Where, in relation to any premises referred to in section 73A(1), the chief inspector has reasonable grounds for believing that a person is carrying on the business of a designated centre which is not registered under this Act and he or she is prevented or has reasonable cause to believe there is a likelihood that he or she will be prevented from entering the premises, an application may be made to the District Court for a warrant under subsection (2) authorising the entry.

(2) If a judge of the District Court is satisfied on the sworn information of the chief inspector that there are reasonable grounds for believing—

(a) that there are any records (including records stored in a non-legible form) relating to the premises referred to in section 73A(1) or that there is anything being used at those premises which the chief inspector considers necessary to inspect for the purposes of ascertaining whether a person is carrying on the business of a designated centre which is not registered under this Act, or

(b) that there is, or such an inspection is likely to disclose, evidence of the matters referred to in paragraph (a),

the judge may issue a warrant permitting the chief inspector or an inspector, accompanied by other persons with appropriate qualifications, or by members of the Garda Síochána as may be necessary, at any time or times, within one month after the date of issue of the warrant, on production of the warrant if requested, to enter the premises, if need be by reasonable force, and to perform the functions conferred by or under section 73A.”.