Atypical CPO – Various
HEALTH ACT 1947
PART VII.
Officers of Health Authorities.
Section 68
Definitions for Part VII.
68.—F115[…]
Annotations
Amendments:
F115
Repealed (1.04.1971) by Health Act 1970 (1/1970), s. 3 and sch. 1, S.I. No. 90 of 1971.
Section 69
County medical officers.
69.—F116[…]
Annotations
Amendments:
F116
Repealed (1.04.1971) by Health Act 1970 (1/1970), s. 3 and sch. 1, S.I. No. 90 of 1971.
Editorial Notes:
E1150
Previous affecting provision: application of section restricted (1.07.1960 and other dates) by Health Authorities Act 1960 (9/1960), s. 19(5)(a), S.I. No. 134 of 1960 and other SIs; section repealed as per F-note above.
E1151
Previous affecting provision: references in section construed (1.07.1960) by Health Authorities Act 1960 (9/1960), s. 24(8), S.I. No. 134 of 1960; section repealed as per F-note above.
Section 70
Assistant county medical officers.
70.—F117[…]
Annotations
Amendments:
F117
Repealed (1.04.1971) by Health Act 1970 (1/1970), s. 3 and sch. 1, S.I. No. 90 of 1971.
Editorial Notes:
E1152
Previous affecting provision: application of section restricted (1.07.1960) by Health Authorities Act 1960 (9/1960), s. 24(9), S.I. No. 134 of 1960; section repealed as per F-note above.
Section 71
City medical officers.
71.—F118[…]
Annotations
Amendments:
F118
Repealed (1.04.1971) by Health Act 1970 (1/1970), s. 3 and sch. 1, S.I. No. 90 of 1971.
Editorial Notes:
E1153
Previous affecting provision: application of section restricted (1.07.1960 and other dates) by Health Authorities Act 1960 (9/1960), s. 19(5)(b), S.I. No. 134 of 1960 and other SIs; section repealed as per F-note above.
Section 72
Assistant city medical officers.
72.—F119[…]
Annotations
Amendments:
F119
Repealed (1.04.1971) by Health Act 1970 (1/1970), s. 3 and sch. 1, S.I. No. 90 of 1971.
Editorial Notes:
E1154
Previous affecting provision: application of section restricted (1.07.1960) by Health Authorities Act 1960 (9/1960), s. 24(11), S.I. No. 134 of 1960; section repealed as per F-note above.
Section 73
District medical officers of health.
73.—F120[…]
Annotations
Amendments:
F120
Repealed (1.08.1954) by Health Act 1953 (26/1953), s. 5 and sch., S.I. No. 62 of 1954.
Section 74
Bacteriologists.
74.—F121[…]
Annotations
Amendments:
F121
Repealed (1.04.1971) by Health Act 1970 (1/1970), s. 3 and sch. 1, S.I. No. 90 of 1971.
Section 75
Health inspectors.
75.—F122[…]
Annotations
Amendments:
F122
Repealed (1.04.1971) by Health Act 1970 (1/1970), s. 3 and sch. 1, S.I. No. 90 of 1971.
Section 76
Provisions relating to holders of certain offices under sanitary authorities.
76.—F123[…]
Annotations
Amendments:
F123
Repealed (1.04.1971) by Health Act 1970 (1/1970), s. 3 and sch. 1, S.I. No. 90 of 1971.
PART VIII.
Acquisition and Disposal of Land by Health Authorities.
Annotations
Editorial Notes:
E1155
An offence under Part may be prosecuted by the health authority in whose functional area the offence is committed as provided (1.01.1954) by Health Act 1953 (26/1953), s. 44, S.I. No. 377 of 1953.
Section 77
Definitions for purposes of Part VIII.
77.—In this Part of this Act—
the word “land” includes water and any estate or interest in land or water and any easement or right in, to, or over land or water;
the expression “compulsory acquisition order” means an order under this Part of this Act for the acquisition compulsorily of land.
Section 78
Powers of health authority to acquire land.
78.—F124[(1) The Health Service Executive may acquire land either—
(a) by agreement, subject to any general directions given by the Minister with the consent of the Minister for Finance, or
(b) compulsorily under this Part of this Act or the Acts incorporated with this Act.]
(2) Nothing in subsection (1) of this section shall be construed as affecting the operation of section 130 of the Transport Act, 1944 (No. 21 of 1944).
Annotations
Amendments:
F124
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 1, S.I. No. 887 of 2004.
Modifications (not altering text):
C40
Functions inder subs. (1) transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 28 of 1947
Health Act 1947
Sections 5, 8, 78(1), 88, 89 and 100
…
…
…
Editorial Notes:
E1156
Power pursuant to Act exercised (28.09.1948) by Health (Compulsory Acquisition of Land) Regulations 1948 (S.I. No. 314 of 1948).
E1157
Previous affecting provision: subs. (1) amended (15.06.2004) by Health (Amendment) Act 2004 (19/2004), s. 15 and table, S.I. No. 378 of 2004; subsection substituted as per F-note above.
E1158
Previous affecting provision: subs. (1) substituted (6.11.1996) by Health (Amendment) (No. 3) Act 1996 (32/1996), s. 18(a), commenced on enactment; subsection substituted as per F-note above.
E1159
Previous affecting provision: functions under section declared reserved functions (6.11.1996) by Health (Amendment) (No. 3) Act 1996 (32/1996), s. 3(1)(a) and sch. 1, commenced on enactment; s. 3 repealed (1.01.2005) by Health Act 2004 (42/2004), s. 73(1) and sch. 4, S.I. No. 887 of 2004.
Section 79
Incorporation of Lands Clauses Acts.
79.—For the purpose of the acquisition of land under this Part of this Act by a health authority, the Lands Clauses Acts as amended by the Second Schedule to the Housing of the Working Classes Act, 1890, shall be and are hereby incorporated with this Part of this Act, but with and subject to the following modifications, that is to say—
(a) the provisions relating to the sale of superfluous land and access to the special Act, and section 133 (which relates to land tax and poor’s rate) of the Lands Clauses Consolidation Act, 1845, shall not be so incorporated;
(b) in the construction of the Lands Clauses Acts when so incorporated, this Act and the relevant compulsory acquisition order (if any) shall be deemed to be the special Act and the health authority shall be deemed to be the promoters of the undertaking;
(c) in the construction of the Second Schedule to the Housing of the Working Classes Act, 1890, when so incorporated—
the expression “local authority” shall mean a health authority;
the expression “confirming Act” shall mean this Part of this Act and the compulsory acquisition order as made and confirmed under this Part of this Act;
the expression “confirming authority” shall mean the Minister; and
references to the Housing of the Working Classes Act, 1890, or to Part I thereof shall be construed as references to this Act;
(d) the arbitrator when assessing compensation shall not take into account any building erected or any improvement or alteration made or any interest in land created after the date on which notice of the making of the compulsory acquisition order was published in pursuance of this Part of this Act if, in the opinion of the arbitrator, the erection of the building or the making of the improvement or alteration or the creation of the interest was not reasonably necessary and was effected with a view to obtaining or increasing the compensation.
Section 80
Power of health authority to inspect land.
80.—(1) An officer or agent of a health authority who is duly authorised in that behalf by the authority may, subject to the provisions of this section, enter on any land at all reasonable times between the hours of 9 a.m. and 6 p.m. for the purpose of ascertaining whether the land is or is not suitable for acquisition by the authority.
(2) A person entering on land under this section may do thereon all things reasonably necessary for the purpose for which the entry is made and, in particular, may survey, make plans, take levels, make excavations, and examine the depth and nature of the subsoil.
(3) Before a person enters under this section on any land the health authority on whose authority the entry is proposed to be made shall either obtain the consent (in the case of occupied land) of the occupier or (in the case of unoccupied land) the owner or shall give to the owner or occupier (as the case may be) not less than fourteen days’ notice in writing of the intention to make the entry.
(4) A person to whom a notice of intention to enter on land has been given under this section by a health authority may, not later than fourteen days after the giving of such notice, apply, on notice to such health authority, to the justice of the District Court having jurisdiction in the district in which the land is situate for an order prohibiting the entry, and, upon the hearing of the application, the justice may, if he so thinks proper, either wholly prohibit the entry or specify conditions to be observed by the person making the entry.
(5) Where a justice in the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter under this section on the land, and where a justice of the District Court specifies under this section conditions to be observed by persons entering on land, every person who enters under this section on the land shall observe the conditions so specified.
(6) A person who suffers damage by anything done under this section on any land and, within one month after such thing is done, makes to the health authority on whose authority the land was entered under this section a claim for compensation in respect of the damage shall be entitled to be paid by the authority reasonable compensation for the damage and, in default of being paid such compensation when the amount thereof has been agreed upon or has been determined under this section, to recover it from the authority in any court of competent jurisdiction as a simple contract debt.
(7) In default of agreement, the amount of any compensation payable by a health authority under this section shall, if the amount claimed in respect thereof does not exceed twenty pounds, be determined by the District Court or, in any other case, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919, (as amended by subsequent enactments) as if the compensation were the price of land compulsorily acquired.
(8) Every person who, by act or omission, obstructs an officer or agent of a health authority in the lawful exercise of the powers conferred by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds together with, in the case of a continuing offence, a further fine not exceeding one pound for every day on which the offence is continued.
Annotations
Editorial Notes:
E1160
The Euro equivalent of £5 mentioned in subs. (8) is €6.35. This translates into a Class E fine, not greater than €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(2) and table ref. no. 6, S.I. No. 662 of 2010.
The Euro equivalent of £1 mentioned in subs. (8) is €1.27. This also translates into a Class E fine, not greater than €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(2) and table ref. no. 6, S.I. No. 662 of 2010.
Section 81
Making of compulsory acquisition order.
81.—(1) Where a health authority desire to acquire compulsorily under this Part of this Act any particular land, they may make an order that such land be acquired compulsorily under this Part of this Act.
(2) A compulsory acquisition order shall be in the prescribed form and shall describe the lands to which it relates by reference to a map complying with the prescribed conditions.
Annotations
Editorial Notes:
E1161
Previous affecting provision: functions under section declared reserved functions (6.11.1996) by Health (Amendment) (No. 3) Act 1996 (32/1996), s. 3(1)(a) and sch. 1, commenced on enactment; s. 3 repealed (1.01.2005) by Health Act 2004 (42/2004), s. 73(1) and sch. 4, S.I. No. 887 of 2004.
Section 82
Notices, etc., of making of compulsory acquisition order.
82.—(1) Where a health authority make a compulsory acquisition order, they shall—
(a) publish at least once in one or more newspapers circulating in their functional area an advertisement in the prescribed form stating that a compulsory acquisition order has been made by them in respect of specified land and that the order and the map referred to therein may be inspected at a specified place, and
(b) give to every owner or reputed owner, lessee, or reputed lessee, and occupier of the land to which the order relates a written notice in the prescribed form containing the like statements as are mentioned in paragraph (a) of this subsection and also stating that any person aggrieved by the order may send to the Minister, in a specified manner and within a specified time, an objection to the order.
(2) A health authority who have made a compulsory acquisition order and complied in respect thereof with the foregoing provisions of this section may apply to the Minister for an order confirming such compulsory acquisition order.
Annotations
Editorial Notes:
E1162
Previous affecting provision: functions under section declared reserved functions (6.11.1996) by Health (Amendment) (No. 3) Act 1996 (32/1996), s. 3(1)(a) and sch. 1, commenced on enactment; s. 3 repealed (1.01.2005) by Health Act 2004 (42/2004), s. 73(1) and sch. 4, S.I. No. 887 of 2004.
Section 83
Confirmation of compulsory acquisition order.
83.—Where an application is made under this Part of this Act to the Minister for an order confirming a compulsory acquisition order and the Minister is satisfied that the provisions of this Part of this Act relating to matters antecedent to such application have been complied with, the following provisions shall have effect—
(a) if no objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to the compulsory acquisition order is duly made to the Minister or every such objection so made is withdrawn, the Minister may, as he thinks proper, refuse to confirm the compulsory acquisition order, make an order confirming it without modification, or make an order confirming it with such modifications as he thinks proper;
(b) in any case to which paragraph (a) of this section applies, the Minister may, if he so thinks fit, before dealing with the application cause an inquiry under this Act to be held in respect of the compulsory acquisition order;
(c) if an objection (other than an objection which, in the opinion of the Minister, relates only to compensation) to the compulsory acquisition order is duly made to the Minister and is not withdrawn, the Minister shall cause an inquiry under this Act to be held in respect of the compulsory acquisition order;
(d) where an inquiry is held in pursuance of the next preceding paragraph, the Minister, having considered the report of the person by whom the inquiry was held and the objection or all the objections which occasioned the holding of the inquiry, may, as he thinks proper, refuse to confirm the compulsory acquisition order, make an order confirming it without modification, or make an order confirming it with such modifications as he thinks proper.
Section 84
Notices, etc., of confirmation of compulsory acquisition order.
84.—As soon as may be after the Minister has made an order confirming (whether with or without modification) a compulsory acquisition order, the health authority by whom the compulsory acquisition order was made shall—
(a) publish in one or more newspapers circulating in their functional area an advertisement in the prescribed form stating that the compulsory acquisition order has been confirmed by the Minister and that a copy thereof as so confirmed and the map referred to therein may be inspected at a specified place, and
(b) give to every person who appeared at the inquiry (if any) held in respect of the compulsory acquisition order to support an objection thereto made by him a written notice in the prescribed form containing the like statements as are mentioned in paragraph (a) of this section.
Annotations
Editorial Notes:
E1163
Previous affecting provision: functions under section declared reserved functions (6.11.1996) by Health (Amendment) (No. 3) Act 1996 (32/1996), s. 3(1)(a) and sch. 1, commenced on enactment; s. 3 repealed (1.01.2005) by Health Act 2004 (42/2004), s. 73(1) and sch. 4, S.I. No. 887 of 2004.
Section 85
Annulment of compulsory acquisition order by the High Court.
85.—(1) A person who or whose property is affected by a compulsory acquisition order may, within three weeks after the first publication by advertisement of notice of the confirmation of the order by the Minister, apply to the High Court for the complete or the partial annulment of the order, and the High Court, if it is satisfied that the order or any part thereof was made in excess of or was otherwise not authorised by the powers conferred by this Part of this Act or that the person making the application or any other person has been substantially prejudiced by any failure to comply in relation to the order with the provisions of this Part of this Act, may, as the High Court thinks proper, annul the whole of the order or annul a part thereof.
(2) Where an application to the High Court under this section is pending, the High Court may, if it so thinks proper, suspend the operation of the compulsory acquisition order to which the application relates until the application has been finally determined.
(3) Save as is otherwise provided by this section, a compulsory acquisition order shall not be capable of being annulled, quashed, or otherwise questioned (whether before or after confirmation by the Minister) by any court.
Section 86
Commencement of compulsory acquisition order.
86.—(1) Every compulsory acquisition order which is not wholly annulled by the High Court under this Part of this Act shall (subject and without prejudice to any partial such annulment) come into operation—
(a) if an application is made under this Part of this Act to the High Court for the annulment (whether complete or partial) of the order—on the final determination of that application, or
(b) if no such application is so made—on the expiration of three weeks from the first publication by advertisement of notice of the confirmation of the order by the Minister.
(2) As soon as may be after a compulsory acquisition order comes into operation, the health authority by whom the order was made shall give a copy of the order to every person to whom notice of the making of the order was given in pursuance of this Part of this Act.
Section 87
Annuity or other payment to Irish Land Commission or Commissioners of Public Works in Ireland.
87.—Where land acquired by a health authority is subject in conjunction with other land to an annuity or other annual payment payable to the Irish Land Commission, or to the Commissioners of Public Works in Ireland, the said Commission or the said Commissioners (as the case may be) may apportion the annuity or other annual payment in such manner as they consider proper between the land so acquired and such other land or may charge the whole of the annuity or other annual payment on any part of the land subject thereto in exoneration of the residue of such land.
Section 88
Appropriation of surplus land to other purposes.
F125[88. A health board may, subject to any general directions given by the Minister with the consent of the Minister for Finance, appropriate and use for the purpose of any of its powers and duties any land vested for any purpose in it and not required for the purpose for which it was acquired.]
Annotations
Amendments:
F125
Substituted (6.11.1996) by Health (Amendment) (No. 3) Act 1996 (32/1996), s. 18(b), commenced on enactment.
Modifications (not altering text):
C41
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 28 of 1947
Health Act 1947
Sections 5, 8, 78(1), 88, 89 and 100
…
…
…
C42
Reference to “health board” construed as references to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.
Definitions (Part 10).
56.—In this Part “specified body” means—
(a) the health boards,
…
References to specified bodies.
66.—Subject to this Act, references (however expressed) to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Executive, unless the context otherwise requires.
Editorial Notes:
E1164
Previous affecting provision: functions under section declared reserved functions (6.11.1996) by Health (Amendment) (No. 3) Act 1996 (32/1996), s. 3(1)(a) and sch. 1, commenced on enactment; s. 3 repealed (1.01.2005) by Health Act 2004 (42/2004), s. 73(1) and sch. 4, S.I. No. 887 of 2004.
Section 89
Disposal of surplus land.
89.—F126[(1) The Health Service Executive may, subject to any general directions given by the Minister with the consent of the Minister for Finance, sell, exchange, let or otherwise dispose of any land vested in it.]
F127[(2) The proceeds of the sale under this section of any land by a health board shall, so far as such proceeds are capital money, be applied, subject to any general directions given by the Minister with the consent of the Minister for Finance, to a purpose (including the repayment of borrowed money) to which capital money may properly be applied by the board.]
(3) Where land is exchanged under this section by a health authority, the land taken in such exchange shall (subject to the provisions of this Part of this Act in relation to the appropriation and use of land not required for the purpose for which it was acquired) be applied to the purposes to which the land given in such exchange was applicable by the authority.
(4) F128[…]
Annotations
Amendments:
F126
Substituted (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 6 part 1, S.I. No. 887 of 2004.
F127
Substituted (6.11.1996) by Health (Amendment) (No. 3) Act 1996 (32/2996), s. 18(d), commenced on enactment.
F128
Repealed (15.06.2004) by Health (Amendment) Act 2004 (19/2004), s. 3 and sch., S.I. No. 378 of 2004.
Modifications (not altering text):
C43
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
…
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
…
Schedule 1
Enactments
…
Part 2
1922 to 2011 Enactments
Number and Year
Short Title
Provision
(1)
(2)
(3)
…
…
…
No. 28 of 1947
Health Act 1947
Sections 5, 8, 78(1), 88, 89 and 100
…
…
…
C44
Reference to “health board” construed as references to Health Service Executive (1.01.2005) by Health Act 2004 (42/2004), ss. 56(a), 66, S.I. No. 887 of 2004.
Definitions (Part 10).
56.—In this Part “specified body” means—
(a) the health boards,
…
References to specified bodies.
66.—Subject to this Act, references (however expressed) to a specified body in any Act passed before the establishment day, or in any instrument made before that day under an Act, are to be read as references to the Executive, unless the context otherwise requires.
Editorial Notes:
E1165
Previous affecting provision: subs. (1) amended (15.06.2004) by Health (Amendment) Act 2004 (19/2004), s. 15(2) and table, S.I. No. 378 of 2004; section substituted as per F-note above.
E1166
Previous affecting provision: subss. (1), (4) substituted (6.11.1996) by Health (Amendment) (No. 3) Act 1996 (32/1996), s. 19(c), (e), commenced on enactment; subsections substituted and repealed as per F-note above.
E1167
Previous affecting provision: functions under section declared reserved functions (6.11.1996) by Health (Amendment) (No. 3) Act 1996 (32/1996), s. 3(1)(a) and sch. 1, commenced on enactment; s. 3 repealed (1.01.2005) by Health Act 2004 (42/2004), s. 73(1) and sch. 4, S.I. No. 887 of 2004.
Section 90
Giving of notices under Part VIII.
90.—(1) Any written notice or other document to be given in pursuance of this Part of this Act may be given in any of the following ways:—
(a) in case it is to be given to the Minister, by sending it by post in an envelope addressed to the Minister for Health, Dublin;
(b) in case it is to be given to any other person—
(i) by handing it to such person, or
(ii) by leaving it at the usual or last-known place of abode of such person, or
(iii) by sending it by post in a prepaid registered envelope addressed to such person, in the case of an individual, at his usual or last-known place of abode, or in the case of a company registered under the Companies Acts, 1908 to 1924, at its registered office, or in the case of any other body corporate or any unincorporated association, at its principal office or place of business.
(2) Where a written notice or other document is to be given in pursuance of this Part of this Act to the owner or the occupier of land and the name of such owner or occupier is not known, such document may be addressed to “the owner” or “the occupier” (as the case may be) of the land and may be given to such owner or occupier by leaving it at or affixing it in a prominent position on the land.
PART IX.
Enforcement of the Act.
Annotations
Editorial Notes:
E1168
Power pursuant to section exercised (28.03.2003) by Health (Prevention of Danger To Public Health) (Revocation) Regulations 2000 (S.I. No. 152 of 2000).
E1169
An offence under Part may be prosecuted by the health authority in whose functional area the offence is committed as provided (1.01.1954) by Health Act 1953 (26/1953), s. 44, S.I. No. 377 of 1953.
E1170
Previous affecting provision: power pursuant to Part exercised (22.06.1999) by Health (Prevention of Danger To Public Health) Regulations 1999 (S.I. No. 186 of 1999); revoked (29.05.2000) by Health (Prevention of Danger To Public Health) (Revocation) Regulations 2000 (S.I. No. 152 of 2000), reg. 2.
Section 91
Authorised officers.
91.—Each of the following persons shall be an authorised officer for the purpose of this Part of this Act:—
(a) an officer of the Minister appointed in writing by the Minister to be an authorised officer for the purposes of this Part of this Act,
(b) an officer of the Minister for Agriculture appointed in writing by the Minister, with the consent of the Minister for Agriculture, to be an authorised officer for the purposes of this Part of this Act,
(c) the manager of a health authority,
(d) a chief medical officer,
(e) an officer of a health authority appointed in writing by the manager therefor to be an authorised officer for the purposes of this Part of this Act,
(f) an officer of a sanitary authority appointed in writing by the manager therefor to be an authorised officer for the purposes of this Part of this Act.
Annotations
Modifications (not altering text):
C45
Words “manager of a health authority” construed (1.04.1971) by Health Act, 1970 (Adaptation) Regulations 1971 (S.I. No. 106 of 1971), reg. 6 and sch., in effect as per reg. 2
6. Each of the enactments and regulations mentioned in the first column of the Schedule to this Order shall be adapted in the manner and to the extent specified in the second column of the said Schedule.
SCHEDULE
…
Health Act, 1947 (No. 28 of 1947)
…
In section 91 (c) the words “chief executive officer of a health board” shall be substituted for the words “manager of a health authority”.
…
Section 92
Limitations on exercise of powers of authorised officers.
92.—The powers conferred by this Part of this Act on an authorised officer, who is not an officer of the Minister or the Minister for Agriculture, shall be exercisable only within the area for which the authorised officer acts.
Section 93
Requirement to state name and address.
93.—(1) Where an authorised officer has reasonable grounds for believing that a person has contravened any provision of this Act or the regulations or orders made thereunder and so informs such person, the authorised officer may, subject to subsection (2) of this section, require such person to state his name and address and, if the authorised officer thinks it necessary, to produce corroborative evidence of his name and address.
(2) An authorised officer (other than a manager or a chief medical officer) shall not make a requirement under this section unless either—
(a) he is in a uniform provided for use by him when performing his duties, or
(b) he produces, for inspection by the person on whom he makes the requirement, if that person requests him so to do, the appropriate written authority given to him by the Minister or the health authority as the case may be.
(3) Where a person fails or refuses to state his name or address in compliance with a requirement made under this section by an authorised officer or, in purported compliance with the requirement, states a name or address or produces corroborative evidence which the authorised officer has reasonable grounds for believing is false or misleading, the following provisions shall, unless the authorised officer has reasonable grounds for believing that such person is a probable source of infection with an infectious disease, have effect—
(a) the authorised person may detain such person and bring him to the nearest Garda Síochána station,
(b) such person, on being brought to the nearest Garda Síochána station, shall be detained therein, subject to a maximum period of detention of twenty-four hours, until the authorised officer becomes satisfied as to his correct name and address,
(c) force may, if necessary, be used for the purpose of carrying out any provision of this subsection.
(4) A person who—
(a) fails or refuses to state his name or address in compliance with a requirement under this section, or
(b) gives in purported compliance with a requirement under this section a name, an address or corroborative evidence which is false or misleading, or
(c) resists being detained under this section or being brought under this section to a Garda Síochána station,
shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
Annotations
Modifications (not altering text):
C46
Word “manager” construed (1.04.1971) by Health Act, 1970 (Adaptation) Regulations 1971 (S.I. No. 106 of 1971), reg. 6 and sch., in effect as per reg. 2
6. Each of the enactments and regulations mentioned in the first column of the Schedule to this Order shall be adapted in the manner and to the extent specified in the second column of the said Schedule.
SCHEDULE
…
Health Act, 1947 (No. 28 of 1947)
…
In section 93 (2) the words “chief executive officer of a health board” shall be substituted for the word “manager”.
…
C47
References construed (1.04.1971) by Health Boards (Functions of Chief Executive Officers) Order 1971 (S.I. No. 107 of 1971), reg. 3, in effect as per reg. 2.
3. Each reference to a health authority, specified in the third column of the Schedule in the enactments and statutory instruments mentioned in the second column, shall be construed as a reference to the chief executive officer of a health board.
SCHEDULE
Number and Year
Title
References to a health authority
28 of 1947 …
Health Act, 1947
The references in section 32 and the reference in section 93 (2) (b)
…
…
…
Editorial Notes:
E1171
The Euro equivalent of £20 mentioned in subs. (8) is €25.40. This translates into a Class E fine, not greater than €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(2) and table ref. no. 6, S.I. No. 662 of 2010.
Section 94
Entry on premises.
94.—(1) Subject to subsection (2) of this section, an authorised officer (either alone or accompanied by such assistants as he thinks proper) may at all reasonable times enter and inspect any premises for the purpose of ascertaining—
(a) whether there is or has been on or in connection with the premises any contravention of any provision of this Act or of the regulations or orders made thereunder, or
(b) the extent and nature of any such contravention, or
(c) whether circumstances exist on or in connection with the premises which would require any action to be taken under this Act or the regulations made thereunder.
(2) An authorised officer (other than a manager or a chief medical officer) shall not enter any premises under this section unless he produces for inspection by the person in occupation or in charge of the premises, if such person requests him so to do, his appointment in writing as an authorised officer.
(3) Where an authorised officer is unable to gain admission to premises which he is empowered by this section to enter, either on account of being refused admission or of being unable, after reasonable inquiry, to find a person from whom to demand admission, he may break open the premises at any time between the hours of 9 a.m. and 6 p.m. on any day.
(4) An authorised officer who is an officer of a health authority (other than a manager or a chief medical officer) or an officer of a sanitary authority shall not exercise the powers conferred on him by subsection (3) of this section without a written authorisation from the manager of such authority to do so in the particular case.
(5) A person who wilfully obstructs or interferes with the exercise by an authorised officer of a power conferred by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.
(6) In this section, the word “premises” includes temporary dwellings and aircraft.
Annotations
Modifications (not altering text):
C48
Word “manager” construed (1.04.1971) by Health Act, 1970 (Adaptation) Regulations 1971 (S.I. No. 106 of 1971), reg. 6 and sch., in effect as per reg. 2
6. Each of the enactments and regulations mentioned in the first column of the Schedule to this Order shall be adapted in the manner and to the extent specified in the second column of the said Schedule.
SCHEDULE
…
Health Act, 1947 (No. 28 of 1947)
…
In section 94 (2) the words “chief executive officer of a health board” shall be substituted for the word “manager”.
In section 94 (4) the words “chief executive officer” shall be substituted for the word “manager” wherever it occurs.
…
Editorial Notes:
E1172
The Euro equivalent of £20 mentioned in subs. (5) is €25.40. This translates into a Class E fine, not greater than €500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(2) and table ref. no. 6, S.I. No. 662 of 2010.
Section 95
Assistance from member of Garda Síochána.
95.—An authorised officer may require a member of the Garda Síochána to assist him in the exercise of any power conferred on him by this Act which involves the detention of any person, the bringing of any person to any place, the breaking open of any premises or any other action in which the use of force may be necessary and is lawful, and any member of the Garda Síochána so required shall comply with the requirement.
Section 96
Enforcement by Garda Síochána.
96.—(1) The Minister may, with the consent of the Minister for Justice, by order provide for the enforcement by the Garda Síochána of any specified provision of this Act or the regulations or orders made thereunder in the whole or a specified part of the State and either generally or in so far as such provision relates to a specified matter.
(2) An order under this section may, in particular, provide for all or any of the following matters:—
(a) the prosecution of offences by members of the Garda Síochána in lieu of a health authority,
(b) the conferring on members of the Garda Síochána of any of the powers specified in section 93 or section 94 of this Act,
(c) the making of payments to the Minister for Justice by a health authority in respect of the enforcement in their functional area of the provisions to which the order relates,
(d) the regulation of the amounts of any such payments, or the times at which they are to become due and of the manner in which they are to be made.
(3) A member of the Garda Síochána, for the purpose of enforceing in the functional area of a health authority a provision to which an order under this section relates, may require the authority to assist him by making available the services of a medical or other officer, by furnishing an ambulance or in any other manner within the powers of the authority, and the authority shall comply with such requirement.
(4) A member of the Garda Síochána shall not, by virtue of an order under this section, exercise a power specified in section 93 or section 94 of this Act unless—
(a) he is in uniform, or
(b) he produces for inspection by the person in relation to whom he exercises the power or in occupation or in charge of the premises in relation to which he exercises the power, if such person requests him so to do, his official identification card.
Section 97
Onus of proof.
97.—In any prosecution for an offence under this Act, it shall not be necessary to negative by evidence any permit, licence or exemption under this Act or under any regulations under this Act, and the onus of proving any such permit, licence or exemption shall be on the person seeking to avail himself thereof.