Maritime Area Planning Act 2021

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Powers of authorised officers

138. (1) Regardless of whether or not an investigation is being carried out, the powers conferred on an authorised officer by this section may be exercised for the purposes of—

(a) ascertaining whether or not a relevant ground applies to a holder,

(b) ascertaining whether or not an offence under this Act or Part VIII of the Act of 2000 has been committed or is being committed, or

(c) otherwise securing the enforcement of this Act or the Act of 2000.

(2) An authorised officer may do all or any of the following:

(a) subject to subsection (3), at all reasonable times enter (or, as appropriate, board) any premises, at which there are reasonable grounds for believing that any books, records or other documents in relation to any relevant authorisation are kept, and search and inspect the premises and such books, records or other documents on the premises (including taking photographs or video or other recordings of the premises or such books, records or other documents on the premises);

(b) secure for later inspection any premises or any part of a premises in which such 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 holder or any person employed by the holder 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 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 holder or any person employed by the holder 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 holder to give to the authorised officer any information which the authorised officer may require in regard to the maritime usage concerned or in regard to the persons carrying on such usage 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 maritime usage concerned to give to the authorised officer any information which the officer may reasonably require in regard to such usage 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 by any holder to prepare a report on aspects of the maritime usage concerned specified by the authorised officer or to explain entries in any books, records, documents or other materials referred to in this section.

(3) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant issued by a judge of the District Court under subsection (8) authorising such entry.

(4) A person who has in his or her 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 all the circumstances of the case.

(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) 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 holder, or who appears to the MARA or the authorised officer to have the information, document, material or explanation in his or her possession or under his or her control.

(7) An authorised officer, where he or she 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.

(8) 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 (or, as appropriate, board) the premises, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under this section.

(9) (a) If any officer, employee, shareholder or agent of a holder refuses to produce to an authorised officer when requested to do so any book, record or document which it is his or her duty under this section to produce, or refuses to co-operate with an authorised officer when required to do so, or refuses to answer any question put to him or her by an authorised officer with respect to the affairs of the holder, the authorised officer may certify the refusal under his or her hand to the High Court.

(b) Where a refusal is certified to the High Court, the High 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 holder 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 reattend before the authorised officer or produce particular books, records or other documents or answer a particular question put to him or her by the authorised officer, or a direction that the person concerned need not produce a particular book, record or other document or answer a particular question put to him or her by the authorised officer.

(10) (a) Subject to paragraph (b), the District Court for the purposes of subsection (8) shall be the District Court for the District Court district where the premises concerned referred to in that subsection are situated.

(b) Where the premises concerned referred to in subsection (8) are situated within the maritime area, the District Court for the purposes of that subsection shall be the District Court assigned to the Dublin Metropolitan District.

(11) In this section—

“agent”, in relation to a holder, includes past as well as present agents, and includes the holder’s bankers, accountants, solicitors, auditors and the holder’s financial and other advisers;

“premises” includes (and without prejudice to the generality of the definition of “premises” in section 134 )—

(a) any vessel, aircraft, vehicle and any other means of transport, and

(b) any part of the maritime area the subject of a relevant authorisation and any infrastructure situated in that part pursuant to the relevant authorisation.