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Contents (1992 - 49)
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Swimming Pools Act 1992 No 49
Current version for 31 October 2018 to date (accessed 23 July 2019 at 19:14)
Part 3
Part 3 Enforcement
27   Authorised officers may be appointed
(1)  Each local authority may appoint:
(a)  any of its employees, and
(b)  with the approval of the Secretary or any other person employed in the Department of Finance, Services and Innovation designated by the Secretary—any other persons,
to be authorised officers for the purposes of this Act.
(2)  A local authority must issue a certificate of identification to each authorised officer appointed by it.
(3)  A police officer is, by virtue of his or her office as such, an authorised officer for the purposes of this Act.
(4)  An authorised officer has such functions as are conferred or imposed on authorised officers by or under this Act.
(5)  An authorised officer appointed by a local authority may not exercise any functions under this Act outside the local authority’s area.
(6)  An authorised officer (other than a police officer) who is exercising functions conferred by this Act in respect of any premises must, on demand made by any person in or on the premises, produce his or her certificate of identification for inspection by that person.
27A   Grounds for entering premises
(1)  An authorised officer may enter premises for any one or more of the following purposes:
(a)  to carry out an inspection of a swimming pool under Division 5 of Part 2,
(b)  to investigate a complaint under section 29A,
(c)  to investigate any contravention of this Act or the regulations that the authorised officer reasonably suspects to have occurred.
(2)  Nothing in this section prevents an authorised officer from entering premises with the consent of the owner or occupier of those premises.
27B   Powers of entry and search warrants—local council
(1)  This section applies to an authorised officer who has been appointed by a local authority that is a council.
(2)  Part 2 of Chapter 8 of the Local Government Act 1993 applies to the entry of premises by an authorised officer for any purpose specified in section 27A and an authorised officer is taken to be an authorised person for the purposes of section 201 of that Act.
(3)  For the avoidance of doubt, the investigation of any contravention of this Act or the regulations that an authorised officer reasonably suspects to have occurred is a function of the council that appointed the authorised officer.
28   Power of entry—local authority other than local council
(1)  This section applies to an authorised officer who has been appointed by a local authority other than a council.
(1A)  An authorised officer who enters premises for any purpose specified in section 27A may examine the premises and, in particular, any swimming pool, and any barrier or other means of restricting access to any swimming pool, situated in or on the premises.
(2)  An authorised officer may not enter such part of any building as is used for residential purposes, or any moveable dwelling, otherwise than with the consent of the occupier of the building or dwelling or under a search warrant issued under section 29.
(3)  Before exercising the functions conferred by this section in respect of any premises, an authorised officer must seek the consent of the occupier of the premises to the authorised officer’s exercise of those functions.
(4)  If an authorised officer is unable to obtain the consent of the occupier of the premises, the authorised officer may exercise those functions (in respect only of that portion of premises not comprising such part of a building as is used for residential purposes and not comprising a moveable dwelling):
(a)  after 24 hours have elapsed since the authorised officer has served notice on the occupier of his or her intention to exercise those functions, and
(b)  between 9.00 am and sunset.
(5)    (Repealed)
29   Search warrants—local authority other than local council
(1A)  This section applies to an authorised officer who has been appointed by a local authority other than a council.
(1)  An authorised officer may apply to an issuing officer for a search warrant if the applicant has reasonable grounds for believing that a provision of this Act or the regulations has been or is being contravened on premises.
(2)  An issuing officer to whom an application for a search warrant is made under this section may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising an authorised officer named in the warrant, when accompanied by a police officer, and any other person named in the warrant:
(a)  to enter the premises concerned, and
(b)  to search the premises for evidence of a contravention of this Act or the regulations.
(3)  Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.
(4)  In this section:
issuing officer means an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002.
29A   Investigation of complaint
(1)  This section applies to a complaint made to a local authority in writing that alleges a contravention of this Act.
(2)  The local authority must, as far as is practicable, commence investigation of the complaint within 72 hours (or such other period as may be prescribed by the regulations) after it is received.
(3)  The local authority may investigate the complaint as it thinks fit.
(4)  An authorised officer may, in accordance with this Part, enter and examine premises for the purposes of investigating the complaint.
(5)  Before premises are entered under subsection (4), the local authority is to take such steps as are reasonable:
(a)  to notify the owner or occupier of the premises about the complaint, and
(b)  to arrange to carry out the examination at a time that is convenient to the owner or occupier.
(6)  The local authority may decline to investigate a complaint that it considers to be vexatious, misconceived, frivolous or lacking in substance.
(7)  The local authority is to notify the complainant in writing if it declines to investigate the complaint.
30   Land and Environment Court may order compliance
(1)  A local authority may bring proceedings in the Land and Environment Court for an order to remedy or restrain a breach of this Act.
(2)  If satisfied that a breach of this Act has been committed or will, unless restrained by order of the court, be committed, the Land and Environment Court may make such order as it considers appropriate to remedy or restrain the breach.
(3)  Such an order may require the erection or installation of such structures (such as fencing, doors, gates or locks, latches or other safety devices) in compliance with the requirements of this Act, or may require the taking of such other action, as is specified in the order.