Seanad debates

Tuesday, 11 December 2012

Credit Union Bill 2012 : Committee Stage

 

(5) In this section ?suitably qualified person? means any person (other than an officer or employee of the Bank) who, in the opinion of the Bank, has the qualifications and experience necessary to exercise the powers conferred on an authorised officer by this Part. 58.?Every authorised officer appointed by the Bank shall be furnished with a warrant of his or her appointment, and when exercising a power conferred by this Part shall produce such warrant or a copy of it, together with a form of personal identification, for inspection if requested to do so by a person affected by the exercise of the power. 59.?(1) Subject to subsection (2), an authorised officer may at all reasonable times enter any premises?(a)which the authorised officer has reasonable grounds to believe are or have been used for, or in relation to, the business of a person to whom this Part applies, or (b)at, on or in which the authorised officer has reasonable grounds to believe that records relating to the business of a person to whom this Part applies are kept.(2) An authorised officer shall not enter a dwelling, otherwise than ? (a)with the consent of the occupier, or (b)pursuant to a warrant under section 61.60?(1) An authorised officer may do any one or more of the following: (a)search and inspect premises entered under section 59 or pursuant to a warrant under section 61; (b)require any person to whom this Part applies who apparently has control of, or access to, records, to produce the records; (c)inspect records so produced or found in the course of searching and inspecting premises; (d)take copies of or extracts from records so produced or found; (e)subject to subsection (3), take and retain records so produced or found for the period reasonably required for further examination; (f)secure, for later inspection, any records produced or found and any data equipment, including any computer, in which those records may be held; (g)secure, for later inspection, premises entered under section 59or pursuant to a warrant under section 61, or any part of such premises, for such period as may reasonably be necessary for the purposes of the exercise of his or her powers under this Part, but only if the authorised officer considers it necessary to do so in order to preserve for inspection records that he or she reasonably believes may be kept there; (h)require any person to whom this Part applies to answer questions and to make a declaration of the truth of the answers to those questions; (i)require any person to whom this Part applies to provide an explanation of a decision, course of action, system or practice or the nature or content of any records; (j)require a person to whom this Part applies to provide a report on any matter about which the authorised officer reasonably believes the person has relevant information; (k)require that any information given to an authorised officer under this Part is to be certified as accurate and complete by such person or persons and in such manner as the Bank or the authorised officer may require. (2) Where records are not in legible form, an authorised officer, in the exercise of any of his or her powers under this Part, may? (a) operate any data equipment, including any computer, at the premises which is being searched or cause any such data equipment or computer to be operated by a person accompanying the authorised officer, and (b) require any person who appears to the authorised officer to be in a position to facilitate access to the records stored in any data equipment or computer or which can be accessed by the use of that data equipment or computer to give the authorised officer all reasonable assistance in relation to the operation of the data equipment or computer or access to the records stored in it including?(i)producing the records to the authorised officer in a form in which they can be taken and in which they are, or can be made, legible and comprehensible, (ii)giving to the authorised officer any password necessary to make the records concerned legible and comprehensible, or (iii) otherwise enabling the authorised officer to examine the records in a form in which they are legible and comprehensible.(3) Where the Bank or an authorised officer proposes to retain, pursuant to this section, any records taken by the authorised officer under subsection (1) for a period longer than 14 days after the date on which the records are taken, the Bank or the authorised officer shall, before the end of that period of 14 days, or such longer period with the consent of the person hereafter mentioned, furnish, on request, a copy of the records to the person who it appears to the Bank or the authorised officer, but for the exercise of the powers under this section, is entitled to possession of it. (4) A person to whom this Part applies shall give to an authorised officer such assistance as the authorised officer may reasonably require and make available to the authorised officer such reasonable facilities as are necessary for the authorised officer to exercise his or her powers under this Part including such facilities for inspecting and taking copies of any records as the authorised officer reasonably requires. (5) Subject to any warrant issued section 61, an authorised officer may be accompanied, and assisted in the exercise of the officer?s powers under this Part, by such other authorised officers, members of the Garda Síochána or other persons as the authorised officer reasonably considers appropriate. 61.?(1) Without prejudice to the powers conferred on an authorised officer by or under any other provision of this Part, if a judge of the District Court is satisfied on the sworn information of the authorised officer that there are reasonable grounds for believing that records are to be found on, at or in any premises, the judge may issue a warrant authorising an authorised officer accompanied by such other authorised officers or members or the Garda Síochána as may be necessary, at any time or times, within the period of validity of the warrant, on production, if so requested, of the warrant?(a) to enter the premises specified in the warrant, if need be by reasonable force, and (b) to exercise the powers conferred on authorised officers by this Part or such of those powers as are specified in the warrant.(2) The period of validity of a warrant shall be 28 days from its date of issue. (3) An application for a warrant under this section shall be made to a judge of the District Court in the district court district in which the premises concerned are situate. 62?(1) An authorised officer may attend any meeting relating to the business of a regulated financial service provider if the authorised officer considers that it is necessary to attend in order to assist the Bank in the performance of any of its functions under financial services legislation. (2) The attendance of an authorised officer pursuant to subsection (1) at a meeting referred to in that subsection does not in any circumstances limit the powers of the authorised officer or of the Bank. 63?Nothing in this Part shall operate to confer any right to production of, or access to, any record subject to legal professional privilege. 64.?(1) The disclosure or production of any record or other information by a person under this Part shall not be treated, for any purpose, as a breach of any restriction under any enactment or rule of law on disclosure or production by the person or any other person on whose behalf the record or other information is disclosed or produced. (2) Where a person from whom production of a record is required under this Part claims a lien on the record, the production of it shall be without prejudice to the lien. 65.? (1) If any person to whom this Part applies fails or refuses to comply with a requirement under this Part the authorised officer may certify the failure or refusal under his or her hand to the High Court. (2)When an authorised officer certifies a failure or refusal referred to in subsection (1) to the High Court, the High Court may inquire into the case and may make such order (including interim or interlocutory orders) or direction as the High Court thinks fit, after hearing -(a)any witnesses who may be produced against or on behalf of the person concerned, and (b)any statement which may be offered in defence.66?(1) A person commits an offence if he or she ?(a) obstructs or impedes an authorised officer in the exercise of any of his or her powers under this Part, whether or not by virtue of a warrant issued under section 61.(b)without reasonable excuse, does not comply with a requirement of an authorised officer in the exercise of any of those powers, (c) in purported compliance with such a requirement, gives information to the authorised officer that the person knows to be false or misleading in a material respect, or (d) falsely represents himself or herself to be an authorised officer.

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