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10 2005

Safety, Health and Welfare at Work Act 2005

PART 8

Miscellaneous

Indemnification of inspectors, etc.

86. —(1) Where the Authority or a person prescribed under section 33 is satisfied that any inspector appointed by the Authority or a person prescribed under section 33 , or any employee of the Authority or person prescribed under section 33 has carried out his or her duties in relation to the enforcement of the relevant statutory provisions in a bona fide manner, the Authority or the person prescribed under section 33 , as the case may be, shall indemnify the inspector or other employee against all actions or claims howsoever arising in respect of the carrying out by him or her of those duties.

(2) No action or other proceedings shall lie or be maintainable against the Authority, any person prescribed under section 33 or any person referred to in section 34 (2)(a) for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to perform or to comply with any of the functions imposed on the Authority, any person prescribed under section 33 or any person referred to in section 34 (2)(a).

Powers of officer of customs and excise to detain articles, etc.

87. —For the purpose of facilitating the exercise or performance by the Authority of any powers or duties conferred on it under any of the relevant statutory provisions, an officer of customs and excise, when authorised to do so by the Revenue Commissioners following a written request in that behalf by the Authority or a person prescribed under section 33 , may detain any article or substance being imported for so long as is reasonably necessary for an inspector to examine it for the purposes of this Act, which period shall not in any case exceed 48 hours from the time when the article or substance concerned is detained.

Licences.

88. —(1) The Minister may, for the purpose of protecting the safety, health and welfare of persons at work, prescribe any work activity to which the provisions of the Act apply as being an activity which may not be carried on except in accordance with the terms or conditions of a licence issued by the Authority or a person prescribed under section 33 , which licence the Authority or the person so prescribed is hereby authorised to issue.

(2) The Authority or a person prescribed under section 33 may attach such conditions to a licence issued in accordance with subsection (1) as it thinks proper including conditions as to its expiry or revocation.

(3) The Authority or a person prescribed under section 33 may at its discretion grant or refuse an application for a licence under this section.

(4) The Authority or a person prescribed under section 33 may, if it so thinks proper, publish particulars of an application for a licence under this section and invite representations concerning it from interested persons.

(5) (a) The Authority or a person prescribed under section 33 shall cause a register of all licences granted by it under this section to be kept in such form and containing such particulars as it thinks proper.

(b) Any person, upon payment of a prescribed fee and an inspector, without payment, shall be entitled at all reasonable times to inspect and take copies of or extracts from a register kept under this subsection.

(6) If the Authority or a person prescribed under section 33 refuses to grant a licence or grants a licence on conditions with which the applicant is dissatisfied, the Authority or person so prescribed shall, at his or her request, deliver to him or her a certificate stating the grounds on which it has refused a licence or attached the conditions.

(7) The applicant may appeal to the High Court from the decision of the Authority or a person prescribed under section 33 within 10 days after receipt of the certificate or such further time as the High Court may allow.

(8) On the hearing of an appeal from a decision of the Authority or a person prescribed under section 33 refusing the grant of a licence or granting a licence on conditions with which the applicant is dissatisfied, the High Court may confirm the decision or may direct the Authority or person prescribed under section 33 to grant the licence, to attach specified conditions to the licence or to amend or delete a condition attached to the licence, as may be appropriate.

(9) A decision of the High Court on an appeal under this section shall be final save that, by leave of that Court, an appeal shall lie to the Supreme Court on a specified question of law.

Amendment of National Standards Authority of Ireland Act 1996.

89. Section 32 of the National Standards Authority of Ireland Act 1996 is amended by inserting the following after subsection (4):

“(5) The powers of prosecution conferred on the Director of Consumer Affairs under this section shall be deemed to be functions of the Director for the purposes of sections 9 and 16 of the Consumer Information Act 1978 .”.