Seán Sherlock (Cork East, Labour) | Oireachtas source

This amendment relates to the power of seizure. It is more of a semantic explanation. The new section will provide for an officer of the Director of Corporate Enforcement to be able to take over the statutory duties set out under sections 20(2E) and 20(2F) of the Companies Act 1990 in circumstances where the incumbent designated officer is no longer in a position to carry them out. The duties under sections 20(2E) and 20(2F) arise if a named officer of the director has been issued with a section 20 search warrant under which "extended powers of seizure" are exercised. The proposed new section will provide that if a designated officer named in a search warrant has ceased to be an officer of the Director of Corporate Enforcement or is otherwise unable to act, then another designated officer may apply to a judge of the District Court for an order that his or her name be substituted for the original designated officer's name on the search warrant.

This section is contained in the Companies Bill 2012 but is being brought forward to ensure that the process is in place should the need arise. Effectively, if a designated officer should pass away or be incapacitated and needs to be replaced, the amendment allows for the procedure to take place and for the application to the court to be provided for.