Finance (Provision of Access to Cash Infrastructure) Act 2025

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Powers of authorised officers

37. (1) An authorised officer may, for the purpose of monitoring compliance with Part 3 and this Part, do any or all of the following:

(a) subject to subsection (2), at all reasonable times enter any place at which there are reasonable grounds to believe that there are relevant records;

(b) search and inspect the place referred to in paragraph (a) and any relevant records at that place;

(c) secure for later inspection any place, or any part of any place at which relevant records are kept or at which the officer has reasonable grounds for believing relevant records are kept;

(d) require any person to whom this section applies to produce to the officer relevant records, and if the relevant records are in a non-legible form to reproduce them in a legible form or to give to the officer such information as the officer reasonably requires in relation to entries in the relevant records;

(e) inspect and take copies of relevant records inspected or produced under this section (including, in the case of relevant records in a non-legible form, a copy of all or part of the relevant records in a permanent legible form);

(f) remove and retain any of the relevant records inspected or produced under this section for such period as may be reasonable to facilitate further examination;

(g) require a person to give to the officer information (including information by way of a written report) that the officer reasonably requires and to produce to the officer any relevant records that the person has or has access to;

(h) require a person by whom, or on whose behalf, data equipment is or has been used, or any person who has charge of, or is otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to give the officer all reasonable assistance in relation thereto;

(i) require a person to explain entries in any relevant records;

(j) summon, at any reasonable time, a person to give to the authorised officer such information as the authorised officer may reasonably require and to require the person to answer questions and to make a declaration as to the truth of the answers to those questions.

(2) An authorised officer shall not, except with the consent of the occupier, enter a private dwelling unless the officer has obtained a warrant from a judge of the District Court.

(3) Where an authorised officer in the exercise of the authorised officer’s powers under this section is prevented from entering any place, whether or not a private dwelling, where the authorised officer believes that there are relevant records, the authorised officer may apply to a judge of the District Court for a warrant under this section authorising the entry by the authorised officer into the place.

(4) Without prejudice to the powers conferred on an authorised officer by or under this section, an authorised officer may, for the purposes of monitoring compliance with this Act, apply to a judge of the District Court for a warrant in relation to any place.

(5) Where, on the hearing of an application under subsection (3) or (4), as the case may be, a judge of the District Court is satisfied on sworn information of the authorised officer that the authorised officer—

(a) has been prevented from entering any place that is not a private dwelling,

(b) has reasonable grounds for believing that relevant records are kept at a place that comprise, or form part of, a private dwelling, or

(c) has reasonable grounds for suspecting that evidence of, or relating to, non compliance with this Act is to be found in any place,

that judge may issue a warrant under the judge’s hand authorising one or more than one authorised officer accompanied, if the judge considers it appropriate to so provide, by such number of members of An Garda Síochána as may be specified in the warrant, at any time within 28 days from the date of issue of the warrant, to enter, if need be by reasonable force, the place or private dwelling and exercise any of the powers referred to in this section.

(6) Where any person from whom production of a relevant record is required claims a lien thereon, the production of it shall be without prejudice to the lien.

(7) A person making information available to the Bank in accordance with this section shall not, in so doing, be considered to be infringing any restriction on disclosure of information imposed by contract or law and, accordingly, shall not be liable for making the information so available.

(8) The requirement to produce any relevant record or report or to provide information or assistance under this section extends to—

(a) an examiner, liquidator or receiver of, or any person who is or has been an officer or employee or agent of, a person to whom this section applies, or

(b) any other person who appears to the Bank or the authorised officer concerned to have the relevant record or report in his or her possession or under his or her control or the ability to provide information or assistance, as the case may be.

(9) When exercising a power under this section, an authorised officer may, where the officer considers it necessary, be accompanied by one or more than one member of An Garda Síochána or one or more than one authorised officer.

(10) A person who—

(a) obstructs or interferes with an authorised officer or a member of An Garda Síochána in the course of exercising a power conferred on him or her by this section or a warrant under subsection (5), or impedes the exercise by the person or member, as the case may be, of such power, or

(b) fails or refuses to comply with a request or requirement of, or to answer a question asked by, an authorised officer or member of An Garda Síochána pursuant to this section, or in purported compliance with such request or requirement or in answer to such question, give information to an authorised officer or such member that he or she knows to be false or misleading in a material particular,

commits an offence.

(11) A statement or admission made by a person pursuant to a requirement under paragraph (g), (h), (i) or (j) of subsection (1) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (10)).

(12) A person the subject of a requirement under this section shall be entitled to the same immunities and privileges in respect of compliance with such requirement as if the person were a witness before the High Court.

(13) In this section, “place” includes the following:

(a) a dwelling or a part thereof;

(b) a building or a part thereof;

(c) a vehicle, whether mechanically propelled or not;

(d) an aircraft, whether capable of operation or not;

(e) a vessel, whether sea-going or not.