HEALTH ACT, 1947

• (5) A decision of the District Court under this section may be appealed to the Circuit Court and the Circuit Court may, on the hearing of the appeal, confirm, vary or revoke the compliance order.]

31AK. F51[Appeal against order

31AK.—(1) An appeal to the Circuit Court against a cessation order shall not have the effect of suspending the operation of the order unless the Circuit Court, on application made to it by the appellant, suspends the operation of the order pending the determination of the appeal.

• (2) The Circuit Court shall give such priority to an appeal referred to in subsection (1) or an application under that subsection as is necessary in the circumstances and may give such directions with regard to the hearing of the appeal or the application as it considers appropriate in the circumstances.

• (3) On the hearing of the appeal, the Circuit Court may—

• (a) affirm, revoke or vary the cessation order concerned, and

• (b) make such other order (if any) in relation to the relevant indoor premises as it considers appropriate.]

F52[Data Protection

31AL.—(1) Personal data contained in a proof of immunity shall be processed only for the purpose of accessing and verifying the information included in such proof of immunity in connection with the admittance of permitted persons to relevant indoor premises.

• (2) For the purpose of section 31AB, an indoor operator may process personal data contained in a proof of immunity only for the purpose of accessing and verifying the information contained in the proof of immunity for the purposes of complying with that section.

• (3) Personal data processed by an indoor operator for the purposes of this section shall not be retained by an indoor operator for any longer than is strictly required for the purposes of complying with a condition referred to in section 31AB(3).

• (4) In this section—

"General Data Protection Regulation" has the meaning it has in section 38K;

"personal data" has the meaning it has in section 38K;

"processing" has the meaning it has in section 38K.]

31B. F41[Affected areas orders

31B.—(1) Subject to subsection (2), the Minister may, having regard to the matters specified in section 31A(2), by order declare an area or region in the State to be an area where there is known or thought to be sustained human transmission of Covid-19 or from which there is a high risk of importation of infection or contamination with Covid-19 by travel from that area (in this Act referred to as an "affected areas order").

• (2) When making an order under this section, the Minister shall have regard to the advice of the Chief Medical Officer of the Department of Health and shall consult with such Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government.]

31C. F54[Fixed payment notice in respect of certain alleged offences

31C.—(1) Where a member of the Garda Síochána has reasonable grounds for believing that a person has committed an offence consisting of a contravention of a fixed penalty provision, that member may give to the person a notice in writing (in this section referred to as a "fixed payment notice") in the prescribed form stating—

• (a) that the person is alleged to have committed that offence,

• (b) particulars of that alleged offence,

• (c) that the person may, during the period of 28 days beginning on the date of the notice, make to such person as is specified in the notice at such place as is so specified a payment of such amount as may be prescribed being an amount of not more than F55[€2,000], accompanied by the notice,

• (d) that the person is not obliged to make the payment specified in the notice, and

• (e) that a prosecution of the person to whom the notice is given in respect of the alleged offence will not be instituted during the period of 28 days beginning on the date of the notice and, that if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

• (2) Where a fixed payment notice is given under subsection (1)—

• (a) the person to whom it applies may, during the period of 28 days beginning on the date of the notice, make to such person, and at such place, as is specified in the notice the payment specified in the notice, accompanied by the notice,

• (b) the person specified in the notice may, upon receipt of the payment, issue a receipt for it and any payment so received shall not be recoverable by the person who made it, and

• (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

• (3) In proceedings for an offence consisting of a contravention of a penal provision it shall be a defence for the defendant to prove that he or she made a payment, in accordance with this section, pursuant to a fixed payment notice issued in respect of that offence.

• (4) Moneys received pursuant to the giving of a fixed payment notice shall be paid into or disposed of for the benefit of the Exchequer.

• (5) A fixed payment notice may be given to a person in one of the following ways:

• (a) by giving it in person to the person;

• (b) by sending it by post to the address at which the person ordinarily resides.

• (6) For the purpose of this section, a company within the meaning of the Companies Act 2014 shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.]

31D. F56[Power of member of Garda Síochána to give direction

31D.—(1) Without prejudice to the generality of subsection (7) of section 31A, where a member of the Garda Síochána finds a person in a public place and suspects, with reasonable cause, that such person—

• (a) intends to enter a dwelling for the purpose of attending an event organised in contravention of a dwelling event provision,

• (b) is about to enter a dwelling for that purpose, or

• (c) is attempting to enter a dwelling for that purpose,

the member may direct the person to leave immediately that place and the vicinity thereof in a peaceable and orderly manner.

• (2) Without prejudice to the generality of subsection (7) of section 31A, where a member of the Garda Síochána suspects, with reasonable cause, that an event in contravention of a dwelling event provision is taking place, he or she may direct the occupier to require and cause all persons attending the event (other than persons for the time being residing in the dwelling) to leave immediately the dwelling and the vicinity of the dwelling in a peaceable and orderly manner.

• (3) A member of the Garda Síochána may, for the purposes of the giving of a direction—

• (a) attend at the main entrance of a dwelling, and

• (b) require the occupier to provide the member with his or her name.

• (4) It shall be an offence for any person, without reasonable excuse, to fail to comply with a direction given by a member of the Garda Síochána under this section.

• (5) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F57[€4,000] or imprisonment for a term not exceeding one month or both.]

32. Exemption from requirement to submit to measures in relation to protection or immunisation against infectious disease.

32.—(1) (a) Where—

• (i) an adult person is required pursuant to regulations made under section 31 of this Act to submit himself to any specified measure in relation to his protection or immunisation against a particular infectious disease, and

• (ii) such adult person sends, within the prescribed time and in the prescribed manner, to the health authority concerned, a statement that he objects to submitting himself to such specified measure,

then, unless an order (which relates to such infectious disease and is applicable to such adult person) under paragraph (b) of this subsection is in force, the health authority shall exempt such adult person from such requirement.

• (b) The Minister may by order declare that—

• (i) it is necessary, for the purpose of preventing the spread of a particular infectious disease, that all adult persons should submit themselves to a specified measure in relation to their protection or immunisation against such infectious disease, or

• (ii) it is necessary, for the said purpose, that adult persons of a particular class (defined in such manner and by reference to such things as the Minister thinks proper) should submit themselves to such specified measure.

• (2)
• (a) Where—

• (i) the parent of a child is required pursuant to regulations made under section 31 of this Act to submit the child to any specified measure in relation to his protection or immunisation against a particular infectious disease, and

• (ii) such parent sends, within the prescribed time and in the prescribed manner, to the health authority concerned a statement that he objects to submitting the child to such specified measure,

then, unless an order (which relates to such infectious disease and is applicable to the child) under paragraph (b) of this subsection is in force, the health authority shall exempt such parent from such requirement.

• (b) The Minister may by order declare that—

• (i) it is necessary, for the purpose of preventing the spread of a particular infectious disease, that all children should be submitted to a specified measure in relation to their protection or immunisation against that infectious disease, or

• (ii) it is necessary, for the said purpose, that children of a particular class (defined in such manner and by reference to such things as the Minister thinks proper) should be submitted to such specified measure.

33. Selling or letting dwelling after infection.

33.—Where—

• (a) a person sells or lets a dwelling in which to his knowledge a person has been residing at any time during the preceding three months while suffering from an infectious disease, and

• (b) he did not before selling or letting the dwelling give in the prescribed manner an infected premises notice to the F58[medical officer of health for the area] in which the dwelling is situated,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

34. Cesser of occupation of dwelling after infection.

34.—Where—

• (a) the occupier of a dwelling (not being the owner thereof) ceases to occupy the dwelling, and

• (b) a person has, to the knowledge of the occupier, been residing in the dwelling at any time during the preceding three months while suffering from an infectious disease, and

• (c) the occupier did not either before or immediately after ceasing to occupy the dwelling give in the prescribed manner an infected premises notice to the owner of the dwelling,

the occupier shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

35. Question as to infection in dwelling.

35.—Where—

• (a) a person either—

• (i) is concerned in selling or letting a dwelling or showing a dwelling with a view to its being sold or let, or

• (ii) has ceased during the preceding three months to occupy a dwelling, and

• (b) he is questioned by another person interested in such sale or letting as to whether at any time during the preceding three months a person has resided in the dwelling while suffering from an infectious disease, and

• (c) he makes to the question an answer which is to his knowledge false or misleading in any material particular,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

36. Giving of lodging after infection.

36.—(1) Where—

• (a) a person provides lodging in any premises for persons other than members of his own household, and

• (b) he lodges a person in a room or other place in such premises which, to his knowledge, has been occupied at any time during the preceding three months by another person while suffering from an infectious disease, and

• (c) he did not before so lodging such person give in the prescribed manner an infected premises notice to the F59[medical officer of health for the area] for the district in which the premises are situated,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

• (2) In this section, the word “premises” includes a temporary dwelling.

37. Procedure on giving of infected premises notice to the district medical officer.

37.—(1) At any time not more than seven days after the receipt from any person (in this section referred to as the owner) by a F60[medical officer of health] of an infected premises notice the medical officer may require any disinfection or disinfestation of the premises to which such notice relates and shall before the expiration of the said seven days inform the owner either that no such requirement is made or the nature and extent of such requirement.

• (2) Where a F60[medical officer of health] requires under subsection (1) of this section any disinfection or disinfestation of premises he shall, if required by the owner, arrange for the carrying out with all convenient speed of such disinfection or disinfestation by an officer of the appropriate health authority.

• (3) Premises in respect of which an infected premises notice has been given to a F60[medical officer of health] shall not be sold nor let nor used to give lodging to any person before either—

• (a) seven days have expired after the receipt by the medical officer of the notice and the medical officer has not informed the owner that he requires any disinfection or disinfestation of the premises, or

• (b) any disinfection or disinfestation required by the medical officer under subsection (1) of this section has been completed.

• (4) A person who contravenes subsection (3) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

38. Detention and isolation of person who is probable source of infection.

38.—(1) Where a chief medical officer is of opinion, either consequent on his own inspection of a person in the area for which such medical officer acts or consequent upon information furnished to him by a registered medical practitioner who has inspected such person, that such person is a probable source of infection with an infectious disease and that his isolation is necessary as a safeguard against the spread of infection, and that such person cannot be effectively isolated in his home, such medical officer may order in writing the detention and isolation of such person in a specified hospital or other place until such medical officer gives a certificate (for which no charge shall be made) that such person is no longer a probable source of infection.

• (2) Where an order is made under this section in relation to a person (in this subsection referred to as the patient), the following provisions shall have effect:—

• (a) the medical officer who made the order (in this subsection referred to as the committing officer) shall forthwith send a copy of the order to the Minister and to the health authority for which he acts,

• (b) the committing officer, and also any other person, to whom the duty of acting under this section has been assigned by or with the consent of the Minister and who has been authorised in writing by the committing officer to act in the particular case, may detain the patient,

• (c) the person detaining the patient shall, on or before doing so—

• (i) produce for inspection by the appropriate person his written authorisation from the committing officer if he is not himself the committing officer, and

• (ii) give to the appropriate person a copy of the order and a statement in writing of the right of appeal under paragraph (h) of this subsection,

• (d) if the patient, when detained, is outside the area for which the committing officer acts, the committing officer may, with the consent of the chief medical officer of the area in which the patient is detained, amend the order to allow for the patient's isolation in a hospital or other place convenient to the place where he is detained and the order as so amended shall have effect accordingly,

• (e) where the committing officer amends the order, he shall forthwith send a copy of the order as amended to the Minister and to the health authority for which he acts and to the health authority of the area in which the patient is detained and to the appropriate person,

• (f) after the patient is detained, he shall be taken to the hospital or other place specified in the order and shall, subject to the provisions of this subsection, be there detained and isolated until the committing officer certifies that he is no longer a probable source of infection,

• (g) the person in charge of such hospital or other place shall afford to the committing officer all reasonable facilities for visiting such hospital or other place and examining the patient therein,

• (h) the patient (or the parent of the patient, where the patient is a child) may at any time appeal to the Minister in writing to direct the release of the patient,

• (i) the person in charge of such hospital or other place shall afford all reasonable facilities for the purposes of any appeal under paragraph (h) of this subsection, including where appropriate facilities for the inspection of any reports and records relating to the patient and available in such hospital or other place and the provision of copies of any such reports or records,

• (j) on receipt of an appeal under paragraph (h) of this subsection, the Minister shall give notice in writing of the date on which such appeal was received by him to the person making the appeal and to the person in charge of such hospital or other place,

• (k) if no determination of an appeal under paragraph (h) of this subsection is made by the Minister and communicated to the person charge of such hospital or other place within twenty-one clear days from the receipt by the Minister of such appeal, such person shall release the patient and notify the committing officer of such release and if necessary arrange for conveyance of the patient to his usual place of residence,

• (l) if at any time the Minister directs the release of the patient, he shall be released by the person in charge of such hospital or other place in accordance with the direction, and such person shall, if necessary, arrange for his conveyance to his usual place of residence,

• (m) where an appeal is made under paragraph (h) of this subsection the Minister shall cause one of his medical officers to examine the patient and report the result of such examination,

• (i) as soon as practicable after the appeal is received by the Minister, and

• (ii) at intervals thereafter not exceeding six weeks during the detention,

• (n) the person in charge of such hospital or other place shall provide all reasonable facilities for an examination under paragraph (m) of this subsection,

• (o) force may, if necessary, be used for the purpose of carrying out any provision of this subsection.

• (3) In this section the expression “the appropriate person” means in relation to a patient—

• (a) where the patient appears to be under sixteen years of age and his parent can be ascertained and reached within a time which is reasonable having regard to all the circumstances of the case—his parent,

• (b) where the patient appears to be under sixteen years of age and his parent cannot be ascertained and reached within a time which is reasonable having regard to all the circumstances of the case—the person for the time being in charge of the patient,

• (c) where the patient, being an adult person, is for any reason unable to act for himself—the person for the time being in charge of the patient,

• (d) in any other case—the patient himself.

• (4) A person to whom an order under this section relates who—

• (a) resists being detained under this section or resists being brought under this section to the hospital or other place specified in the order, or

• (b) wilfully misbehaves while detained in such hospital or other place,

• (c) escapes or attempts to escape from detention under this section, or

• (d) does not submit himself in a peaceful and orderly manner to the exercise of any power conferred by this section,

shall be guilty of an offence under this section.

• (5) A person who—

• (a) prevents or attempts to prevent the detention under this section of any person or the bringing under this section of any person to a hospital or other place for detention and isolation, or

• (b) assists in an escape or an attempted escape of any person from detention and isolation under this section, or

• (c) obstructs or interferes with the exercise of any power conferred by this section,

shall be guilty of an offence under this section.

• (6) A person who is guilty of an offence under this section shall, on summary conviction thereof, be liable to a fine not exceeding fifty pounds or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

• (7) The cost of the maintenance and treatment of a person to whom an order under this section relates in the hospital or other place mentioned in the order (including the cost of anything done under paragraph (f), (k) or (l) of subsection (2) of this section) shall be paid by the health authority for which the medical officer who made the order acts.

38A. F61[Detention and isolation of persons in certain circumstances

38A.—(1) Where, having regard to the matters specified in subsection (2), a medical officer of health believes in good faith that—

• (a) a person is a potential source of infection, and

• (b) the person is a potential risk to public health, and

• (c) his or her detention and isolation is appropriate in order to—

• (i) prevent, limit, minimise or slow the spread of Covid-19, and

• (ii) minimise the risk to human life and public health,

and

• (d) such person cannot be effectively isolated, refuses to remain or appears unlikely to remain in his or her home or other accommodation arranged, or agreed, by the Health Service Executive,

the officer may in writing order the detention and isolation of such person in a hospital or other place specified in the order (including such other hospital or other place as may subsequently be appropriate and specified in the order) until such time as the medical officer certifies that the person’s detention is no longer required for the purposes of this section.

• (2) For the purposes of subsection (1), a medical officer of health shall have regard to the following:

• (a) the need to act expeditiously in order to prevent, limit, minimize or slow the spread of Covid-19;

• (b) the resources of the health services including the number of health care workers available at a given time, the capacity of those workers to undertake measures, the necessity to take such measures as are appropriate to protect health care workers from infection from Covid-19, and the capacity of hospitals or other institutions to accommodate and facilitate the provision of treatment of infected persons;

• (c) the policies and objectives of the Government to protect human life and public health for the purpose of preventing, limiting, minimising or slowing the spread of Covid-19, (including the spread outside the State);

• (d) the fact that Covid-19 is recently declared by the World Health Organisation to be a pandemic and any relevant guidance (including, in particular, any guidance relating to the risk assessment for, and case definition relating to, Covid-19) provided by the World Health Organisation, the European Centre for Disease Prevention and Control or the Health Protection Surveillance Centre of the Health Service Executive;

• (e) the advice of any other public health officials with relevant medical and scientific expertise.

• (3) An order made under subsection (1) shall be of no effect unless the medical officer of health has certified his or her opinion as to the matters referred to in that subsection.

• (4) A medical officer of health who makes an order under subsection (1) shall keep the detention order under review and ensure that a medical examination of the person who is the subject of the order is carried out as soon as possible and in any event no later than 14 days from the time the person has been detained.

• (5) A person who is the subject of an order under subsection (1) may request that his or her detention be reviewed by a medical officer of health, other than the officer who makes the order concerned, on the grounds that he or she is not a potential source of infection.

• (6) Where a request is made by a person under subsection (5), his or her detention shall be reviewed as soon as practicable and, where a medical officer of health who carries out the review considers that the person is not, at time of review concerned, a potential source of infection, the medical officer shall certify that the person is no longer required to be detained for the purposes of the section and the person shall be discharged accordingly.

• (7) Subject to the requirements in relation to medical examination and the period of detention specified in subsection (4) —

• (a) the provisions of subsections (2) (a) to (g), (3) and (4) of section 38 shall with any necessary modification apply to a person who is subject to detention and isolation under the provisions of this section, and

• (b) the provisions of subsection (5) of section 38 shall with any necessary modification apply to a person who—

• (i) prevents or attempts to prevent the detention, or the bringing to a hospital or other place, of any person who is subject to detention and isolation under the provisions of this section,

• (ii) assists in an escape or an attempted escape of any person who is subject to detention and isolation under the provisions of this section, or

• (iii) obstructs or interferes with the exercise of any power conferred by this section.

• (8) A person who is guilty of an offence under this section shall, on summary conviction thereof, be liable to a class C fine or, at the discretion of the Court, to imprisonment for a term not exceeding three months or to both.

• (9) The cost of the maintenance and treatment of a person to whom an order under this section relates in the hospital or other place specified in the order shall be paid by the Health Service Executive.

• (10) In this section—

"potential source of infection" means, in relation to a person, a person who meets one or more of the following criteria:

• (a) a person who has been in recent contact with a person whom the medical officer of health believes in good faith to be—

• (i) a probable source of infection of Covid-19, or

• (ii) suffering from Covid-19;

• (b) a person who has attended an event which the medical officer of health believes in good faith was attended by a person or persons who—

• (i) is or are a probable source of infection with Covid-19, or

• (ii) is or are suffering from Covid-19;

• (c) a person who has travelled from, or been in contact with a person or persons who has or have travelled from a place outside the State that the medical officer of health believes in good faith to have a significant number of cases of persons infected with Covid-19;

• (d) a person who has travelled from, to or within, or been in contact with a person or persons who has or have travelled from, to or within a geographical area to which an affected areas order applies;

• (e) any other person whom the medical officer of health believes in good faith to be a potential source of infection with Covid-19.]

38B. F62[Obligation on certain persons coming into State to quarantine in designated facilities in certain circumstances.

38B.—F63[…]]

38C. F64[Return of applicable traveller to designated facility.

38C.—F65[…]]

38D. F66[Offences related to quarantine and power to give direction.

38D.—F67[…]]

38E. F68[Designated state.

38E.—F69[…]]

38F. F70[Designated facilities.

38F.—F71[…]]

38G. F72[Regulations for giving further effect to certain matters relating to the requirement to quarantine.

38G.—F73[…]]

38H. F74[Service agreements for conveying and returning persons to designated facilities.

38H.—F75[…]]

38I. F76[Service agreements for accommodation and maintenance for purposes of quarantine.

38I.—F77[…]]

38J. F78[Requirements in relation to maintaining records for the purposes of section 38B.

38J.—F79[…]]

38K. F80[Data Protection.

38K.—F81[…]]

38L. F82[Arrangements with other Ministers of Government to carry out certain functions under Act.

38L.—F83[…]]

38M. F84[Obligations on travel organisers.

38M.—F85[…]]

38N. F86[Obligation on certain persons coming into State to quarantine in designated facilities in certain circumstances

38N.— ...]

38O. F87[Return of applicable traveller to designated facility

38O.— ...]

38P. F88[Offences related to quarantine and power to give direction

38P.— ...]

38Q. F89[Designated state

38Q.— ...]

38R. F90[Designated facilities

38R.— ...]

38S. F91[Regulations for giving further effect to certain matters relating to requirement to quarantine

38S.—...]

38T. F92[Service agreements for conveying and returning persons to designated facilities

38T.— ...]

38U. F93[Service agreements for accommodation and maintenance for purposes of quarantine

38U.— ...]

38V. F94[Requirements in relation to maintaining records for the purposes of section 38N

38V.— ...]

38W. F95[Data Protection

38W.— ...]

38X. F96[Arrangements with other Ministers of Government to carry out certain functions under Act

38X.— ...]

38X. F97[Obligations on travel organisers

38Y.— ...]

38X. F98[Authorisations and permissions for purposes of section 38N

38Z.— ...]

38Z. Burial by health authority of body of person dying from infectious disease.

39.—Where a person suffering from an infectious disease dies in an institution and such person was admitted to or maintained in such institution by or on the application of or at the cost of a health authority, that authority may either—

• (a) arrange and pay for the removal of the body of such person to and the burial of such body in some burial ground near a place in the functional area of such health authority where such person was resident or lodging immediately before his admission to such institution; or

• (b) contribute to the cost of the removal of such body to some other burial ground a sum not greater than the amount which such authority would be permitted to expend under paragraph (a) of this section.

40. Accommodation for persons compelled to leave their homes.

40.—(1) A health authority may provide accommodation for persons who are compelled to leave their homes on account of any steps taken under this Act or the regulations made there under for the prevention of the spread of infectious disease.

• (2) A health authority may provide heating, lighting, furniture, equipment and any other necessaries and amenities for any accommodation provided by them under this section and may supply food, with or without a charge therefor, to any person using such accommodation.

41. Rehabilitation of persons suffering or recovering from infectious disease.

41.—(1) A health authority may make provision for the training and education of persons suffering or recovering from an infectious disease for employment suitable to their condition of health and for that purpose may provide and maintain such premises, workshops, farms, gardens, materials, equipment and similar facilities as are necessary.

• (2) The Minister may by order direct a health authority as to the manner in which and the extent to which they are to exercise their powers under subsection (1) of this section and such health authority shall comply with such direction.

42. Nurses for infectious diseases.

42.—(1) A health authority may provide nurses for attendance on persons suffering from infectious disease.

• (2) F100[F101[…]] F102[Where a person is attended by a nurse] provided under this section, the health authority concerned may either:—

• (a) at their discretion but subject to any relevant regulations under section 31 of this Act, make a charge for the attendance, or

• (b) make no charge therefor.

• F103[(2A) F101[…]]

• (3) A charge under F100[F101[…]] F102[subsection (2)] of this section for the attendance of a nurse on any person may be recovered as a simple contract debt in any court of competent jurisdiction from—

• (a) such person or, in case such person has died, his legal personal representative, or

• (b) any other person liable to maintain such person for the purposes of the Public Assistance Act, 1939 (No. 27 of 1939), by virtue of section 27 of that Act or, in case such other person has died, his legal personal representative.

43. Presumption in civil action as to cause of infection.

43.—Where—

• (a) circumstances have arisen in which a provision of this Part of this Act or of any regulations made thereunder requires a person to take a precaution against the infection of other persons with a particular infectious disease, and

• (b) such person has failed to take the precaution, and

• (c) any other person has been without his knowledge exposed by such failure to the risk of infection with the disease, and after such exposure has been infected with the disease,

in any action against the first-mentioned person by such other person for damages suffered by reason of his having been infected with the disease, the Court shall presume that such infection was the direct result of the failure to take the precaution unless the Court is satisfied (and the onus of so satisfying the Court shall lie on the defendant) that by reason of the time of such infection or for any other reason it was unlikely that such failure caused such infection.

44. Maintenance of person suffering from infectious disease, etc.

44.—F106[…]

45. Treatment of infectious diseases in particular institutions.

45.—(1) The Minister may by order prohibit either absolutely or subject to specified conditions the admission of persons suffering from a specified infectious disease to, and the treatment of such persons in, any institution in the area to which the order relates other than one or more than one specified institution which the Minister considers specially fitted for the giving of such treatment.

• (2) An order under this section may relate to an area consisting of either the whole or part of the State.

• (3) Where a person is admitted to or treated in an institution in contravention of an order under this section, the person carrying on the institution shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds and, in the case of a continuing offence, to a further fine not exceeding ten pounds for every day on which the offence is continued.

• (4) In this section, the word “institution” includes a department of an institution.

Chapter II. Verminous persons and articles.

46. Precautions to be taken by verminous persons.

46.—(1) A person who knows that he is verminous shall, in addition to the precautions specifically provided for by or under this Act, take every reasonable precaution to prevent his infesting others with vermin.

• (2) A person who has the care of another person and knows or has reasonable cause to believe that such other person is verminous shall, in addition to any precautions specifically provided for by or under this Act, take every other reasonable precaution to prevent such other person from infesting others with vermin.

• (3) A person shall be deemed conclusively to have reason to believe that he or any other person is verminous if he is notified accordingly by a medical officer of health or a health inspector.

• (4) A person who contravenes subsection (1) or (2) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

47. Precautions to be taken in relation to verminous articles.

47.—(1) A person shall, in addition to taking any precautions specifically provided for by or under this Act, take every other reasonable precaution to prevent the use or exposure of any article under his control or under the control of a person in his care which he has reasonable cause to believe to be verminous so as to expose other persons, or articles the property of other persons, to the risk of infestation with vermin.

• (2) A person shall, in addition to taking any precautions prescribed in regulations made under section 49 of this Act, take every other reasonable precaution to prevent anybody in his employment from using or exposing any article which such person has reasonable cause to believe to be verminous so as to expose other persons, or articles the property of other persons, to the risk of infestation with vermin.

• (3) A person shall be deemed conclusively to have reason to believe that an article is verminous if he is notified accordingly by a medical officer of health or a health inspector.

• (4) A person who contravenes subsection (1) or (2) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

48. Prohibition of verminous child attending school.

48.—(1) Where a F107[medical officer of health] becomes aware that a child residing in F107[the area or district for which he acts] is verminous, he may serve in the prescribed manner, notice on the parent of the child prohibiting the attendance of the child at any school until such F107[medical officer of health] gives a certificate (for which no charge shall be made) that the child is fit to attend school.

• (2) Where a notice under subsection (1) of this section is served on a parent of a child and such parent sends the child to any school or permits the child to attend any school during the period between the service of the notice and the giving of the certificate referred to in the said subsection such parent shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

49. Regulations for preventing the spread of infestation.

49.—(1) The Minister may make regulations prescribing precautions to be taken by the proprietors of and the persons working in any class of establishment from which, in the opinion of the Minister, there is an especial danger of the spread of infestation of persons and articles.

• (2) Regulations made under this section shall not include provision for the compulsory cleansing or disinfestation of persons.

• (3) Regulations under this section may provide for their enforcement and execution by officers of the Minister and by health authorities and their officers and may also, with the consent of the Minister for Local Government, provide for their enforcement and execution by officers of sanitary authorities.

• (4) A person who contravenes a regulation under this section or who wilfully obstructs the execution of a regulation under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds and, in the case of a continuing offence, to a further fine not exceeding one pound for each day on which the offence is continued.

50. Arrangements by health authorities for disinfestation of verminous persons, buildings, etc.

50.—(1) A health authority shall make arrangements for the disinfestation of—

• (a) a verminous adult person on his application;

• (b) a verminous child on the application of or with the consent of his parent;

• (c) a verminous building or structure in their functional area on the application of the occupier of such building or structure, or

• (d) a verminous vehicle, vessel, aircraft or article in their functional area on the application of the owner of such vehicle, vessel, aircraft or article or on the application of his agent.

• (2) The disinfestation of females under this section shall be carried out only by a registered medical practitioner, or by a woman duly authorised by the chief medical officer of the health authority.

• (3) Notwithstanding the provisions of section 51 of this Act no charge shall be made for the disinfestation of a person or of his clothing under this section.

Chapter III. Ancillary Provisions.

51. Facilities for exercise of powers and duties of health authorities under Part IV.

51.—(1) For the purpose of the execution of their powers and duties under this Part of this Act a health authority may provide and maintain premises, apparatus, materials or any other facilities or may make arrangements with any person for the provision of such facilities.

• (2) The Minister may by order direct a health authority as to the manner in which and the extent to which they are to exercise their powers under subsection (1) of this section and such health authority shall comply with such direction.

• (3) Where a person uses a facility provided under this section, the authority concerned may either—

• (a) at their discretion, but subject to the provisions of section 50 of this Act and to any relevant regulation under section 31 of this Act, make a charge for the use of the facility, or

• (b) make no charge therefor.

52. Prosecution of offences under Part IV.

52.—(1) An offence under this Part of this Act may be prosecuted by a health authority in whose functional area the offence is committed.

• (2) Any proceedings for an offence under this Part of this Act may, notwithstanding any enactment limiting the time within which such proceedings may be brought, be brought either within the time as so limited or within three months from the date on which evidence sufficient in the opinion of the Minister to justify a prosecution for the offence comes to the knowledge of the health authority by which the offence may be prosecuted.

• (3) For the purposes of subsection (2) of this section the Minister may certify the date at which the evidence mentioned in the said subsection came to the knowledge of a health authority, and such certificate shall be conclusive evidence of the said date.

PART V. Food and Drink.

53. Definition for Part V.

53.—In this Part of this Act, the word “food” includes every article used for food or drink by man, other than drugs or water, and

• (a) any article which ordinarily enters into or is used in the composition or preparation of human food,

• (b) flavouring matters, preservatives and condiments,

• (c) colouring matters intended for use in food, and

• (d) compounds or mixtures of two or more foods.

54. F108[Regulations for prevention of danger from food and drink.

54.— (1) The Minister may, after consultation with the Minister for Enterprise, Trade and Employment and the Minister for Agriculture and Food, make regulations providing for—

• (a) the prevention of danger to the public health arising from the manufacture, preparation, importation, storage, distribution or exposure for sale of food intended for sale for human consumption,

• (b) the prevention of contamination of food intended for sale for human consumption,

• (c) the prohibition and prevention of the sale or offering or keeping for sale of—

• (i) articles of food intended for human consumption,

• (ii) living animals intended for such food,

• (iii) materials or articles used or intended for use in the preparation or manufacture of such food,

which are diseased, contaminated or otherwise unfit for human consumption,

• (d) the protection of consumer interests (including regulations requiring persons operating in the retail, restaurant or catering sectors to provide information on the country of origin of meat sold or otherwise supplied to consumers where, in the opinion of the Minister, such information is not already adequately provided under national or EU legislation),

• (e) without prejudice to the generality of section 3(1) of the European Communities Act 1972, giving effect to acts of the institutions of the European Communities relating to the official control of foodstuffs for the protection of health.

• (2) Regulations made under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary for the purpose of the regulations (including, in the case of regulations made under subsection (1)(e), regulations repealing, amending or applying, with or without modifications, other law, exclusive of this Act).

• (3) A person who has gained access to information by virtue of inspections made in the enforcement of regulations made under this section shall not disclose such information unless it is necessary to do so for the purpose of the enforcement of the regulations.

• (4) A person who, on or after the commencement of this section, contravenes a regulation made under this section, or contravenes subsection (3), shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 6 months or both.

• (5) A person guilty of an offence under subsection (4) shall, on each day on which the contravention to which that offence relates is continued by the person after having been convicted of that offence, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €500 or to imprisonment for a term not exceeding one month or both.

• (6) Regulations made under the repealed section and in force immediately before the commencement of this section shall be deemed to be made under this section and may be amended or revoked accordingly.

• (7) In this section—

"persons operating in the retail, restaurant or catering sectors" includes food business operators within the meaning of Article 3 of the European Parliament and Council Regulation (EC) No. 178/2002 of 28 January 2002 ¹³;

"protection of consumer interests" includes all measures for the prohibition or prevention of the processing, storage, transport, distribution, trading or selling to the prejudice of the consumer of any food which is not of the nature, substance or quality demanded by the consumer;

"repealed section" means section 54 of this Act as in force immediately before the commencement of this section.]

55. Licensing and registration of persons and premises.

55.—F109[…]

56. Standards for food and drink.

56.—(1) Where the Minister is of opinion that the composition of any food (whether consumed by itself or as an ingredient of other food) is of special importance to the public health, he may, after consultation with the Minister for Industry and Commerce and the Minister for Agriculture and after giving the notice mentioned in subsection (2) of this section, make regulations prescribing a standard for the composition of such food.

• (2) Not less than one month before the Minister makes regulations under this section he shall cause notice to be published in a daily newspaper or in two or more daily newspapers of his intention to make regulations specifying the food for the composition of which a standard will thereby be prescribed.

• (3) Regulations under this section may contain—

• (a) provisions in relation to the nature, quality or amount of any substance to be contained in the food to which the regulations relate,

• (b) provisions specifying any substance which is not to be contained in such food,

• (c) provisions limiting the amount of any substance to be contained in such food,

• (d) provisions in relation to the methods used or the time taken in the manufacture, preparation or distribution of such food,

• (e) provisions in relation to the labelling or description of such food.

• (4) Where—

• (a) a person sells for human consumption, or prepares, manufactures, offers or keeps for sale for human consumption, any food for the composition of which a standard is prescribed by regulations under this section, and

• (b) the food does not conform to such standard,

such person shall be guilty of an offence under this section.

• (5) Where—

• (a) a person sells for human consumption, or prepares, manufactures, offers or keeps for sale for human consumption, any food containing an ingredient for the composition of which a standard is prescribed by regulations under this section, and

• (b) the ingredient does not conform to such standard,

such person shall be guilty of an offence under this section.

• (6) Where—

• (a) a person sells for human consumption, or offers or keeps for sale for human consumption, any food for the composition of which a standard is prescribed by regulations under this section and such regulations contain provisions in relation to the labelling or description of such food, and

• (b) such food, or the packet or container in which such food is sold or offered or kept for sale is not labelled or described in accordance with the regulations,

such person shall be guilty of an offence under this section.

• (7) Whenever—

• (a) food, for the composition of which a standard has been prescribed by regulations under this section, has been advertised under a particular brand or trade description, and

• (b) the Minister has caused samples of the food sold under that brand or trade description to be tested, and

• (c) on such test any such sample has been found not to conform to the said standard,

the Minister may by order prohibit the import or sale of all food of that brand or trade description.

• (8) A person who imports or sells for human consumption food of a brand or trade description to which a prohibition under subsection (7) of this section relates shall be guilty of an offence under this section.

• (9) A person who is guilty of an offence under this section shall, on summary conviction thereof, be liable to a fine—

• (a) in the case of a first offence, not exceeding twenty pounds, and

• (b) in the case of a second or subsequent offence, not exceeding one hundred pounds,

or, at the discretion of the Court and provided that the Court is satisfied that the offence was committed by the personal act or culpable negligence of such person, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

• (10) Notwithstanding anything contained in this section, regulations thereunder shall not, save with the consent of the Minister for Agriculture, be so framed as to apply in relation to any food in respect of which that Minister is empowered by any statutory or other enactment to prescribe standards for the composition thereof.

57. Examination of samples of food and drink.

57.—(1) In this section, the word “proprietor” means, in relation to any food, a person by whom such food is manufactured, prepared or imported.

• (2) The Minister may, after consultation with the Minister for Industry and Commerce and the Minister for Agriculture, make, in relation to any food, regulations containing all or any of the following provisions:

• (a) provisions requiring the submission to the Minister by every proprietor of the food of samples of the food for examination of their nature, substance, quality or condition,

• (b) provisions authorising the issue by the Minister, to any proprietor by whom any such samples are so submitted for examination, of a certificate stating the result of the examination,

• (c) provisions requiring the printing on the outside of every packet or container in which the food is to be sold for human consumption or on a label affixed in the prescribed manner to such packet or container of the name of the proprietor and a copy of the relevant certificate issued to him under a regulation made pursuant to paragraph (b) of this subsection,

• (d) provisions prohibiting the sale for human consumption, or the offering or keeping for sale for human consumption, of the food in a packet or container which has not printed on the outside thereof or on a label affixed thereto as the regulations may provide the name of the proprietor and a copy of the relevant certificate issued to him under a regulation made pursuant to paragraph (b) of this subsection,

• (e) provisions prohibiting the sale for human consumption, or the offering or keeping for sale for human consumption, of any article of the food which is of a nature, substance or quality, or in a condition, inferior to the nature, substance, quality or condition (as the case may be) of the samples of the food submitted for examination by the proprietor of such article as stated in the relevant certificate issued to him under a regulation made pursuant to paragraph (b) of this subsection.

• (3) A person who contravenes a regulation under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds and, in the case of a continuing offence, to a further fine not exceeding ten pounds for each day on which the offence is continued or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine or fines and such imprisonment.

• (4) Notwithstanding anything contained in this section, regulations thereunder shall not, save with the consent of the Minister for Agriculture, be so framed as to apply in relation to any food in respect of which that Minister is empowered by any statutory or other enactment to prescribe standards for the composition thereof.

58. Giving and taking of samples, etc.

58.—(1) Regulations under this Part of this Act may—

• (a) provide for the giving and the taking (without payment) of samples of food or materials or articles used or intended for use in the preparation or manufacture of food or of articles which are bye-products of the manufacture of food,

• (b) provide for the carrying out of tests, examinations and analyses of such samples,

• (c) prescribe the classes of persons to be responsible for the carrying out of such tests, examinations and analyses of such samples,

• (d) prescribe the means by and the manner in which the test, examination or analysis is to be made,

• (e) prescribe the certificate or other evidence to be given of the result of any test, examination or analysis and the classes of persons by and to whom such certificate or evidence is to be given,

• (f) provide that any certificate or other evidence prescribed under paragraph (e) of this subsection and given in respect of the test, examination or analysis of a sample shall as respects that sample be evidence for all purposes of the result of such test.

• (2) Whenever regulations made under subsection (1) of this section provide that any particular certificate or other evidence shall be evidence for all purposes of the result of a test, examination or analysis of a sample, such certificate or other evidence shall, as respects those samples, be accepted by all Courts of Justice as evidence of the result of such test and shall also be accepted by all Courts of Justice as evidence that such test was carried out under and in accordance with the regulations.

59. Enforcement of regulations under Part V, etc.

59.—Regulations under this Part of this Act may provide for all or any of the following matters—

• (a) the enforcement and execution of the regulations by

• (i) officers of the Minister,

• (ii) health authorities,

• (iii) officers of local authorities with the consent, where the Minister is not the appropriate Minister for the purposes of Part II of the Local Government Act, 1941 (No. 23 of 1941), in relation to a particular office, of the appropriate Minister for the said purposes in relation to a particular office,

• (iv) officers of Customs and Excise with the consent of the Minister for Finance,

• (v) officers of the Minister for Agriculture with the consent of that Minister,

• (b) the empowering of specified persons or persons of a specified class (being authorised officers for the purposes of Part IX of this Act or members of the Garda Síochána exercising the powers conferred by Part IX of this Act) to seize and remove and to detain, to destroy or to have otherwise suitably disposed of—

• (i) articles of food intended for human consumption,

• (ii) living animals intended for such food, or

• (iii) materials or articles used or intended for use in the preparation or manufacture of such food,

which are diseased, contaminated or otherwise unfit for human consumption or which do not comply with the regulations,

• (c) the keeping of records by persons engaged in the manufacture, preparation, importation, storage, distribution or sale of food and the production of such records for inspection by officers concerned in the enforcement or execution of the regulations.

60. Charges under regulations under Part V.

60.—Regulations under this Part of this Act may authorise the imposition of charges for the purposes of the regulations, or for examinations, certifications or other services performed thereunder.

61. Obstruction of execution of regulations under Part V.

61.—A person who wilfully obstructs the execution of a regulation under this Part of this Act shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding F110[one thousand pounds] and, in the case of a continuing offence, to a further fine not exceeding F110[one hundred pounds] for each day on which the offence is continued or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine or fines and such imprisonment.

62. Restrictions on sale, etc., of food by dealers in rags, etc.

62.—(1) It shall not be lawful for any person, who carries on the business of dealing in rags, bones, waste paper, secondhand clothes or other similar articles, to sell, barter or offer or keep for sale or barter any food in or from any premises, place or vehicle used by him in connection with his said business.

• (2) A person who contravenes subsection (1) of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding five pounds or, in the case of a second or subsequent offence, to a fine not exceeding twenty pounds.

63. Prosecutions for offences under Part V.

63.—(1) The following provisions shall have effect in relation to a prosecution for an offence under this Part of this Act:—

• (a) any food shall be deemed, unless the contrary is proved, to have been sold or bartered or to be intended for sale or barter (as may be appropriate) for human consumption,

• (b) any material or article which is found on premises used for or in the preparation or manufacture of food to be sold for human consumption and which is capable of being intended for use in such preparation or manufacture shall be deemed, unless the contrary is proved, to be so intended,

• (c) where—

• (i) a person has caused an analysis of any food to be made under the Sale of Food and Drugs Act, 1875, and

• (ii) the analyst, having analysed such food, has given his certificate of the result of the analysis, and

• (iii) it appears from the certificate that a regulation under this Part of this Act has been contravened,

such person may prosecute for the contravention and, the provisions of the Sale of Food and Drugs Acts, 1875 to 1936, relating to prosecutions shall apply as if such prosecution were a prosecution under the said Acts,

• (d) if the defendant in any prosecution for an offence relating to the nature, substance, quality or condition of any food proves—

• (i) that he purchased such food as of a nature, substance or quality or in a condition which would not have contravened such regulation and with a written warranty to that effect, and

• (ii) that he had no reason to believe at the time when he sold such food that it was of a different nature or quality or in a different condition, and

• (iii) that he sold such food in the same state as when he purchased it,

such defendant shall be discharged from the prosecution, but shall be liable to pay the costs incurred by the prosecutor unless he gave due notice to the prosecutor that he proposed to rely on the said defence.

• (2) A statement by the manufacturer, importer, or seller of food as to its nature, substance, quality or condition in an invoice, or on a label attached to the food, or on the packet or container in which the food is sold shall be deemed for the purposes of subparagraph (i) of paragraph (d) of subsection (1) of this section to be a warranty.

• (3) Where it appears to the authority or officer enforcing any provision of this Part of this Act or the regulations made thereunder that an offence has been committed in respect of which proceedings might be taken against some person but that such person could establish a defence under paragraph (d) of subsection (1) of this section by proving that the offence complained of was due to an act or default of some other person, such authority or officer may take proceedings against that other person without taking proceedings against the first-mentioned person.

64. Food kept in certain establishments.

64.—(1) The Minister may by regulations specify the class or classes of establishments to which this section applies.

• (2) For the purpose of this Part of this Act and of any regulations made thereunder—

• (a) food kept for human consumption in an establishment of a class to which this section applies shall be deemed, unless the contrary is proved, to be kept therein for sale for human consumption,

• (b) where any such food is consumed in any such establishment by any person, it shall be deemed unless the contrary is proved to have been sold for human consumption,

• (c) any material or article which is found in any such establishment used for or in the preparation or manufacture of food for human consumption and which is capable of being intended for use in such preparation or manufacture shall be deemed, unless the contrary is proved, to be so intended,

• (d) in any prosecution for an offence under this Part of this Act in relation to any such food, the food shall be deemed, unless the contrary is proved, to have been kept for human consumption in such establishment.

• (3) In this section the word “establishment” means

• (a) any school or college,

• (b) any hospital, sanatorium, preventorium, nursing home, convalescent home F111[, home within the meaning of the Health (Homes for Incapacitated Persons) Act, 1964] or similar establishment,

• (c) any hotel, restaurant, club, guest house, boarding house, holiday camp, hostel or similar establishment.

PART VI. Provisions in Relation to Medical and Toilet Preparations and Certain Other Articles.

65. Control of advertisement or sale of medical and toilet preparations.

65.—F112[…]

66. Restriction on importation, manufacture or sale of certain articles.

66.—(1) The Minister may by order provide that—

• (a) any instrument, appliance or apparatus of a class as respects which he is of opinion that the use by the general public of instruments, appliances or apparatuses of that class involves risk of serious injury to health or body, or

• (b) a substance as respects which he is of opinion that it is likely, when accessible to the general public, to be used for purposes involving risk of serious injury to health or body,

shall be a restricted article for the purposes of this section.

• (2) In the subsequent subsections of this section, the expression “restricted article” means an article declared by an order under this section to be a restricted article for the purposes of this section.

• (3) The Minister may grant to a registered medical practitioner a permit for the importation, manufacture, sale or other disposal of a restricted article and may attach to the permit such conditions (if any) as he thinks proper.

• (4) Save so far as may be authorised by a permit under subsection (3) of this section, it shall not be lawful for a person to import, manufacture, sell or otherwise dispose of, or offer or keep for sale or other disposal, a restricted article.

• (5) It shall not be lawful for a person to advertise a restricted article.

• (6) A person who contravenes subsection (4) or (5) of this section or who, having been granted and having availed of a permit under subsection (3) of this section, does not comply with a condition attached to the permit, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one hundred pounds or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment and, in every case, to forfeiture of the restricted article in relation to which the offence was committed.

• (7) Any article forfeited under subsection (6) of this section shall be disposed of in such manner as the Minister may direct.

• (8) Where, on an inspection under section 94 of this Act of any premises, any restricted article is found in relation to which the person making the inspection has reasonable grounds for believing that an offence under this section has been committed, such person may seize, remove and detain the article.

• (9) An offence under this section may be prosecuted by the Minister F113[or by the health authority in whose functional area the offence is committed.]

67. Regulations as to flock.

67.—F114[…]

PART VII. Officers of Health Authorities.

68. Definitions for Part VII.

68.—F115[…]

69. County medical officers.

69.—F116[…]

70. Assistant county medical officers.

70.—F117[…]

71. City medical officers.

71.—F118[…]

72. Assistant city medical officers.

72.—F119[…]

73. District medical officers of health.

73.—F120[…]

74. Bacteriologists.

74.—F121[…]

75. Health inspectors.

75.—F122[…]

76. Provisions relating to holders of certain offices under sanitary authorities.

76.—F123[…]

PART VIII. Acquisition and Disposal of Land by Health Authorities.

77. Definitions for purposes of Part VIII.

77.—In this Part of this Act—

the word “land” includes water and any estate or interest in land or water and any easement or right in, to, or over land or water;

the expression “compulsory acquisition order” means an order under this Part of this Act for the acquisition compulsorily of land.

78. Powers of health authority to acquire land.

78.—F124[(1) The Health Service Executive may acquire land either—

• (a) by agreement, subject to any general directions given by the Minister with the consent of the Minister for Finance, or

• (b) compulsorily under this Part of this Act or the Acts incorporated with this Act.]

• (2) Nothing in subsection (1) of this section shall be construed as affecting the operation of section 130 of the Transport Act, 1944 (No. 21 of 1944).

79. Incorporation of Lands Clauses Acts.