Insurance Act, 2000
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Amendment of section 60 of Act of 1989 (Powers of authorised officers). |
10.—Section 60 of the Act of 1989 is hereby amended by the substitution of the following for that section: | |
“60.—(1) The powers conferred by this section may be exercised in respect of— | ||
(a) an insurer or insurance intermediary, | ||
(b) an associated undertaking or a related undertaking of an insurer or insurance intermediary, or | ||
(c) any other person whom the Minister has reason to believe provided or is providing insurance or purported or is purporting to act as an insurer or insurance intermediary. | ||
(2) An authorised officer may do all or any of the following: | ||
(a) subject to subsection (3), at all reasonable times enter any premises, at which there are reasonable grounds for believing that any books, records or other documents in relation to the issue of any policy, bond, certificate or other instrument of insurance, or in relation to the acceptance of any premium in respect of a policy, bond, certificate or other instrument of insurance are kept, and search and inspect the premises and such books, records or other documents on the premises; | ||
(b) secure for later inspection any premises or any part of a premises in which books, records or other documents are kept or there are reasonable grounds for believing that such books, records or other documents are kept; | ||
(c) require any person to whom this section applies or any person employed by such person to produce to the authorised officer such books, records or other documents and in the case of information in a non-legible form to reproduce it in a legible form or to give to the officer such information or explanation as the officer may reasonably require in relation to any entries in such books, records or other documents; | ||
(d) inspect and take copies of or extracts from, or remove for a reasonable period for further examination, any books, records, data (within the meaning of the Data Protection Act, 1988 ) or other documents in whatever form kept (including, in the case of information in a non-legible form, a copy of or extract from such information in a permanent legible form) which the officer finds or which is produced to the officer in the course of inspection; | ||
(e) require any person to whom this section applies or any person employed by such person to give to the authorised officer such information as the officer may reasonably require in relation to any entries in such books, records or other documents; | ||
(f) require any person to whom this section applies to give to the authorised officer any information which the authorised officer may require in regard to the business or activity concerned or in regard to the persons carrying on such business or activity or employed in connection therewith; | ||
(g) require any person by whom or on whose behalf data equipment is or has been used or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the authorised officer reasonable assistance in relation thereto; | ||
(h) summon, at any reasonable time, any other person employed in connection with the business or activity concerned to give to the authorised officer any information which the officer may reasonably require in regard to such business or activity and to produce to the authorised officer any books, records or other documents which are in that person’s power or control; | ||
(i) require any person employed in the premises concerned to prepare a report on specified aspects of the business or activities of a person to whom this section applies or to explain entries in any books, records, documents or other materials furnished. | ||
(3) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he has obtained a warrant issued by a judge of the District Court under subsection (9) authorising such entry. | ||
(4) A person who has in his power, possession or procurement any books, records or other documents referred to in subsection (2) shall— | ||
(a) produce them at the request of an authorised officer and permit the authorised officer to inspect and take copies of, or extracts from, them, | ||
(b) at the request of an authorised officer, give any information which may be reasonably required with regard to them, and | ||
(c) give such other assistance and information to an authorised officer as is reasonable in the circumstances. | ||
(5) Where any person from whom production of a book, record or other document is required claims a lien thereon the production of it shall be without prejudice to the lien. | ||
(6) Nothing in this section shall compel the disclosure by any person of any information which the person would, in the opinion of the Court, be entitled to refuse to produce on the grounds of legal professional privilege or authorise the taking possession of any document containing such information which is in his possession. | ||
(7) The duty to produce or provide any information, document, material or explanation extends to an examiner, liquidator, receiver, official assignee or any person who is or has been an officer or employee or agent of a person to whom this section applies, or who appears to the Minister or the authorised officer to have the information, document, material or explanation in his possession or under his control. | ||
(8) An authorised officer, where he considers it necessary, may be accompanied by a member of the Garda Síochána when performing any powers conferred on an authorised officer by this Act. | ||
(9) If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that there is information required by an authorised officer under this section held on any premises or any part of any premises, the judge may issue a warrant authorising an authorised officer, accompanied by other authorised officers or by a member of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant if so requested, to enter the premises, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under this section. | ||
(10) A person who— | ||
(a) obstructs or impedes an authorised officer in the exercise of a power under this Act, | ||
(b) gives to an authorised officer information which the person knows is false or misleading, or | ||
(c) without reasonable excuse, fails to comply with a request or requirement made by an authorised officer under this Act, | ||
shall be guilty of an offence. | ||
(11) (a) If any officer, employee, shareholder or agent of a person to whom this section applies refuses to produce to an authorised officer when requested to do so any book or document which it is his duty under this section to produce, or refuses to cooperate with an authorised officer when required to do so, or refuses to answer any question put to him by an authorised officer with respect to the affairs of the insurer or insurance intermediary, the authorised officer may certify the refusal under his hand to the Court. | ||
(b) Where a refusal is certified to the Court, the Court may enquire into the case and, after hearing any witnesses who may be produced against or on behalf of the officer, employee, shareholder or agent of the person to whom this section applies and any statement which may be offered in defence, make any order or direction as it thinks fit. | ||
(c) An order or direction made under paragraph (b) may include a direction to the person concerned to attend or re-attend before the authorised officer or produce particular books or documents or answer a particular question put to him by the authorised officer, or a direction that the person concerned need not produce a particular book or document or answer a particular question put to him by the authorised officer. | ||
(12) In this section— | ||
‘agent’, in relation to a person to whom this section applies, or any associated or related undertaking, includes past as well as present agents, and includes its bankers, accountants, solicitors, auditors and its financial and other advisers, whether or not those persons are officers or persons to whom this section applies; | ||
‘associated undertaking’ and ‘related undertaking’ have the same meaning as in the Investment Intermediaries Act, 1995 ; | ||
‘person to whom this section applies’ means a person referred to in subsection (1)(a), (b) or (c); | ||
‘specified’ means specified under this section.”. |