S.I. No. 12/1968:

REDUNDANCY (INSPECTION OF RECORDS) REGULATIONS, 1968.

REDUNDANCY (INSPECTION OF RECORDS) REGULATIONS, 1968.

I, P. S. Ó h-IRIGHILE, Minister for Labour, in exercise of the powers conferred on me by sections 57 and 58 of the Redundancy Payments Act, 1967 (No. 21 of 1967), hereby make the following Regulations:

1. These Regulations may be cited as the Redundancy (Inspection of Records) Regulations, 1968.

2. In this Act--

"the Act" means the Redundancy Payments Act, 1967 (No. 21 of 1967);

"eligible", in relation to an employee, means an employee to whom, by virtue of section 4 of the Act or an order thereunder, the Act applies;

"the Minister" means the Minister for Labour;

"officer" means an authorised officer of the Minister.

3. An officer may--

( a ) enter any premises or place for the purpose of inspecting any documents or records liable to inspection under these Regulations,

( b ) make such inspection of such documents or records as may be necessary for the purpose of ascertaining whether the Act (or any order thereunder) is being or has been complied with by the employer concerned,

( c ) examine, either alone or in the presence of another person as the officer thinks fit, any person whom he finds in any premises or place entered by the officer under these Regulations with respect to any matter relating to the Act on which the officer may reasonably require information for the purpose of ensuring that the Act (or any order thereunder) is being effectively operated,

( d ) require any person examined under subparagraph (c) to sign a declaration of the truth of any matter in respect of which that person has been so examined.

4. The occupier of any premises or place in which documents or records liable to inspection under these Regulations are deposited, and any person who is or has been employing a person who is or was an eligible employee, and the servants and agents of any such occupier or other person, and any such eligible employee, shall furnish to an officer all such information and shall produce to an officer for inspection all such registers, cards, wages sheets, records of wages and other documents as the officer may reasonably require for the purpose of ascertaining whether the Act (or any order thereunder) is being or has been complied with.

5. Any person who--

( a ) wilfully delays or obstructs an officer in the exercise of any power under these Regulations,

( b ) refuses or neglects to answer any question or to furnish any information or to produce any document when required so to do under these Regulations, or

( c ) conceals or prevents or attempts to conceal or prevent any other person from appearing before or being examined by an officer,

shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

6. An officer shall, while exercising powers under these Regulations, have in his possession a certificate of his appointment as such officer, and shall, on applying for admission to any premises or place under these Regulations, if so required, produce the certificate.

7. (1) An employer shall, on receipt by him from an officer of a notice in writing addressed to the employer at the address at which he resides or carries on business and incorporating or having annexed to it a form of declaration, furnish on the said form of declaration such information as is demanded in the notice in respect of any eligible employee who is or has been in his employment and shall sign and duly complete the declaration and deliver the same by hand or by registered post to the officer, within the time specified by the officer, not being less than six days from the date of the notice.

(2) Where a notice under subparagraph (1) is sent by post it shall be deemed to have been received by the person to whom it is addressed on the date on which it would be received in the ordinary course of post, unless the contrary is proved.

GIVEN under my Official Seal, this 9th day of January, 1968.

P. S. Ó h-IRIGHILE,

Minister for Labour.

EXPLANATORY NOTE.

The purpose of these Regulations is to specify the powers of authorised officers of the Minister for Labour in regard to the entry of premises, inspection of records and procurement of information for the purpose of ensuring the effective operation of the Redundancy Payments Act.

The penalties for contraventions are specified in the Regulations.