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24 1991

COMPETITION ACT, 1991

PART V

General

Authorised officers.

20. —The Minister and the Authority with the consent of the Minister may appoint persons to be authorised officers for the purposes of this Act.

Powers of authorised officers.

21. —(1) For the purpose of obtaining any information necessary for the exercise by the Authority or the Minister of any of their functions under this Act, an authorised officer may, on production of a warrant issued by a Justice of the District Court expressly authorising him to do so—

(a) enter and inspect premises at or vehicles in or by means of which any activity in connection with the business of supplying or distributing goods or providing a service, or in connection with the organisation or assistance of persons engaged in any such business, is carried on,

(b) require the person who carries on such activity and any person employed in connection therewith to produce to the authorised officer any books, documents or records relating to such activity which are in that person's power or control, and to give to the authorised officer such information as he may reasonably require in regard to any entries in such books, documents and records,

(c) inspect and copy or take extracts from any such books, documents and records,

(d) require a person mentioned in paragraph (b) to give to the authorised officer any information he may require in regard to the persons carrying on such activity (including in particular, in the case of an unincorporated body of persons, information in regard to the membership thereof and its committee of management or other controlling authority) or employed in connection therewith,

(e) require a person mentioned in paragraph (b) to give to the authorised officer any information which the officer may reasonably require in regard to such activity.

(2) A Justice of the District Court may issue a warrant under subsection (1), if satisfied by information on oath that it is proper for him to do so for the purposes of that subsection.

(3) A person who obstructs or impedes an authorised officer in the exercise of a power conferred by this section or does not comply with a requirement under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or imprisonment for a period not exceeding twelve months or, at the discretion of the Court, to both such fine and imprisonment.

Repeals.

22. —The provisions of the Act of 1972 and every order made under that Act and sections 5 and 6 and sections 8 to 23 of the Act of 1987 are hereby repealed.

Regulations.

23. —(1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Every regulation made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Expenses.

24. —Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.