Residential Tenancies Act 2004

• (b) a member of a committee of the Board,

• (c) a member of staff of the Board,

• (d) a mediator or adjudicator, or

• (e) a person whose services are provided to the Board under section 167,

in the performance of any of his or her functions under this Act, being a disclosure the making of which is necessary for the performance by him or her of any such function.

128. Published register.

128.—(1) The Board shall, as soon as practicable after the establishment of the register, prepare a document (in this Act referred to as the “published register”).

• (2) Subject to F345[subsections (3), (4) and (4A)], the published register shall consist of an extract of the information contained in the register.

• (3) The extent of that extract shall be such as the Board determines is likely to make the published register useful to members of the public.

• F345[(4) The published register shall not contain any information, as respects a particular dwelling, that discloses or could reasonably lead to the disclosure of the identity of the landlord or the tenant or tenants of the dwelling.]

• F346[(4A) The published register shall contain the information specified in section 127(3A).]

• (5) The form of the published register, the format of any aspect of the information contained in it and any other matters relevant to its maintenance shall be such as the Board determines from time to time.

129. Inspection of published register.

129.—(1) The published register shall be kept at an office that is designated, for the time being, by the Board for that purpose.

• (2) The published register shall be made available for inspection, at all reasonable times, at that office and by such other means, if any, as the Board may determine.

• (3) A fee of such amount as the Board determines to be reasonable may be charged in respect of the inspection of the published register.

130. Register and published register may be kept in electronic form.

130.—The register and the published register may each be prepared and maintained otherwise than in a legible form but only if that form allows the particular register to be converted into a legible form and any entry in it to be copied or reproduced in a legible form.

131. Publication of aggregated details derived from register.

131.—(1) Without prejudice to section 128, the Board may publish details concerning the F347[…] rented sector derived from the register, being details of an aggregated nature.

• (2) In this section—

“details of an aggregated nature” means details of such a nature as could not reasonably lead to a disclosure of the kind mentioned in section 128(4) occurring;

“F348[rented sector]” has the same meaning as it has in section 151.

132. Furnishing of entries in registers, etc.

132.—(1) On application by the landlord or tenant of a dwelling, the Board shall, on being supplied by the landlord or tenant with such information as it may require for the purpose of confirming the identity of the applicant concerned, provide to him or her a copy of the entry in respect of that dwelling in the register.

• F349[(1A) On application by the tenant of a dwelling, the Board shall, on being supplied by the tenant with such information as it may require for the purpose of confirming the identity of the applicant concerned and a notice of termination served on that tenant by a landlord, provide to the tenant confirmation as to whether, on the date that the landlord of that dwelling served the notice of termination, the register recorded that the landlord was not a company and was a landlord under not more than 3 tenancies of dwellings.]

• (2) On application by a person who is not the landlord or tenant of a particular dwelling, the Board shall provide to him or her a copy of the entry in respect of that dwelling in the published register (but not the entry in the register).

• (3) A fee of such amount as the Board determines to be reasonable may be charged in respect of the provision of a copy of an entry under subsection (1) or (2) F349[or the confirmation referred to in subsection (1A)].

• (4) A copy of an entry in the register or the published register F350[, or a copy of a confirmation referred to in subsection (1A),] purporting to be certified by an officer of the Board as being a true copy of that entry F350[or confirmation] shall, without proof of that person's authority to so certify the copy, of any signature of the person appearing on the copy or that he or she is or was an officer of the Board, be received in evidence in any proceedings and shall be presumed to be such a copy unless the contrary is shown.

• (5) Evidence that any particular matter in respect of a dwelling stood registered in the register on a particular date may be given by the production of a copy of the entry in respect of that dwelling under subsection (4) and which copy bears that date beside, or as part of, the certification mentioned in that subsection.

133. Confirmation to parties to tenancy as to particulars specified in an application under section 134.

133.—(1) Either party to a tenancy of a dwelling may request the Board to confirm to him or her what are the particulars specified in an application made under section 134 to register the tenancy.

• (2) The Board shall comply with such a request if it is satisfied, having been supplied by the person making the request with such information as it may require, that the person is a party to the tenancy.

Chapter 2 Procedure for registration

134. Obligation to apply to register tenancy.

134.—F351[(1) The landlord of a dwelling shall apply to the Board in accordance with this Part to register the tenancy of the dwelling—

• (a) on the commencement of the tenancy, and

• (b) annually during the tenancy.]

• (2) F352[Subject to subsection (2A), an application] under F353[paragraph (a) of subsection (1)] shall be made—

• (a) in the case of a tenancy F354[(other than a tenancy to which paragraph (aa) applies)] that commences on a date that falls 3 or more months from the commencement of this Part — within 1 month from the commencement of the tenancy,

• F354[(aa) in the case of a tenancy to which subsection (1A) of section 3 applies that commences during the period of 3 months from the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, not later than 4 months from the commencement of the tenancy, and]

• (b) in the case of a tenancy that has commenced on a date falling before or after the commencement of this Part (other than one to which paragraph (a) applies but including one that commenced before the passing of this Act F354[and one to which subsection (1A) of section 3 applies that commences after the period of 3 months from the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019])—

• (i) in case it commenced before the passing of this Act — within 3 months from the commencement of this Part,

• (ii) in any other case — within whichever of the following periods expires the later—

• (I) the period of 3 months from the commencement of this Part, or

• (II) the period of 1 month from the commencement of the tenancy.

• F355[(2A) Where an application under F356[paragraph (a) of subsection (1)] is made in respect of a tenancy and the dwelling that is the subject of that tenancy is a dwelling referred to in section 3(4), an application under F356[paragraph (a) of subsection (1)] in respect of such tenancy shall be made—

• (a) where the tenancy has commenced before the day on which section 3(4) comes into operation, within 12 months from the day on which section 3(4) comes into operation,

• (b) where the tenancy commences within the period of 12 months from the day on which section 3(4) comes into operation—

• (i) within 12 months from the day on which section 3(4) comes into operation, or

• (ii) within 1 month from the commencement of the tenancy,

whichever is the later, or

• (c) where the tenancy commences on a day that falls 12 or more months from the day on which section 3(4) comes into operation, within 1 month from the commencement of the tenancy.]

• F357[(2B) An application under subsection (1)(b) shall be made within 1 month from each anniversary of the date of the commencement of the tenancy.

• (2C) A landlord shall comply with subsection (1) in respect of a tenancy that commenced before, on or after the commencement of section 22 of the Residential Tenancies (Amendment) Act 2019.]

• F352[(3) An application under this section shall—

• (a) be in the prescribed form,

• (b) subject to F358[subsections (3B) and (4)] and (7), be accompanied by—

• (i) subject to subparagraph (ii), the fee referred to in F359[section 137(1)], or

• (ii) in the case of a tenancy referred to in subsection (2A), the fee specified in F359[section 137A(1)],

and

• (c) where a fee referred to in section 176(3)(ba) is required to be paid, be accompanied by that fee.]

• F360[(3B) A fee shall not be payable in respect of an application to register a further Part 4 tenancy in accordance with paragraph (b) of subsection (1) (inserted by paragraph (a) of subsection (1) of section 22 of the Residential Tenancies (Amendment) Act 2019 ) of section 134 if—

• (a) an application to register the tenancy was made in accordance with Part 7 before the commencement of paragraph (a) of section 23 of the Residential Tenancies (Amendment) Act 2019, and

• (b) the fee in respect of that application is paid not later than one month after such commencement.]

• (4) The foregoing F352[requirements] with respect to the application being accompanied by a fee F352[do] not apply in relation to an application (the “relevant application”) by a person (the “applicant”) in respect of a particular dwelling (the “relevant dwelling”) if the application is made within the period specified in F359[paragraph (a), (aa) or (b) of subsection (2), paragraph (a), (b) or (c) of subsection (2A) or subsection (2B)] and one of the following conditions is satisfied.

• (5) Those conditions are that, in the 12 months preceding the relevant application—

• F359[(a) an application, if made pursuant to subsection (2) or (2B) accompanied by the fee specified in section 137(1), or, if made pursuant to subsection (2A) or (2B) accompanied by the fee specified in section 137A(1), has been made by the applicant in respect of the relevant dwelling within the period specified in paragraph (a), (aa) or (b) of subsection (2), paragraph (a), (b) or (c) of subsection (2A), or subsection (2B),]

• F352[(b) the applicant has paid—

• (i) in respect of several applications falling within section 137(3), the single fee referred to in section 137(2) and the dwellings to which those several applications related included the relevant dwelling, or

• (ii) in respect of several applications falling within section 137A(3), the single fee referred to in section 137A(2) and the dwellings to which those several applications related included the relevant dwelling,]

• (c) an application, under the Housing (Registration of Rented Houses) Regulations 1996 and accompanied by the fee specified in those Regulations, to register a tenancy in respect of the relevant dwelling has been made by the applicant.

• (6) An application under this section may not relate to more than one tenancy of a dwelling; accordingly separate applications under this section are required for separate tenancies.

135. Section 134: supplemental provisions.

135.—(1) F362[…]

• (2) F363[…]

• (3) The Board shall assign a unique number to each application made under section 134 to register a tenancy and that number shall be used by the Board as the reference number for the tenancy when it is registered.

• F364[(4) An acknowledgement, in the prescribed form, shall be given to the applicant under section 134 and to the tenant and shall—

• (a) acknowledge the receipt by the Board of the application under section 134,

• (b) acknowledge the receipt by the Board of a fee referred to in subsection (3) of that section,

• (c) ...

• (d) specify the reference number, referred to in subsection (3), assigned by the Board in respect of the tenancy concerned, and

• (e) include a statement setting out—

• (i) a summary of the rights and obligations of tenants and landlords under this Act and without prejudice to the generality of the foregoing, the statement shall set out a summary of the rights and obligations of tenants and landlords in relation to—

• (I) the setting of rent under section 19, a review of rent under section 20 and the notification of a new rent under section 22,

• F365[(IA) the obligation on the landlord to pay fees to the Board on an application to register a tenancy at its commencement and annually during the tenancy,]

• F366[(II) security of tenure under Part 4 (other than in the case of a tenancy referred to in subsection (1A) of section 3),]

• F366[(III) the termination of tenancies (other than tenancies referred to in subsection (1A) of section 3) under Part 4, and]

• F367[(IV) the termination of tenancies under Part 5,]

• (ii) the matters which may be referred to the Board for resolution under Part 6 and without prejudice to the generality of the foregoing the statement shall specify that—

• (I) a complaint may be referred to the Board under section 78(1)(b) in respect of the amount of rent that ought to be initially set in compliance with section 19, and

• (II) a complaint may be referred to the Board under section 78(1)(c) in respect of the amount of rent determined on foot of a review of rent,

• (iii) the redress that may be granted by the Board and without prejudice to the generality of the foregoing the statement shall specify the maximum amount of damages that may be paid to a party to a dispute pursuant to section 115(3), and

• (iv) the function of the Board, referred to in section 147A, to disclose to the Revenue Commissioners information contained in the register referred to in that section.]

• F368[(5) Where an application, other than an application referred to in subsection (6), under section 134 is received by the Board and the application is—

• (a) incomplete, or

• (b) not accompanied by—

• (i) the fee referred to in section 134(3)(b)(i) or as the case may be section 134(3)(b)(ii), or

• (ii) the fee referred to in section 134(3)(c), where that fee is required to be paid,

the Board shall notify the applicant of the omission concerned and specify a date by which the application is to be completed or the fee is to be paid.]

• F369[(6) Where—

• (a) an application under section 134 received by the Board is incomplete, and

• (b) the Board, having regard to—

• (i) the information provided with that application, and

• (ii) the information required to be contained in the register pursuant to section 127(3),

is satisfied that the information provided with the application, is sufficient to effect the registration of the tenancy concerned,

the Board, having regard to the proper discharge by it of its functions under this Act and where in its opinion it is appropriate, may, subject to subsection (7), treat the application as complete for the purposes of this Part and register the tenancy concerned.]

• F370[(7) ...]

• F369[(8) Where an application referred to in subsection (6) is received by the Board before the coming into operation of subsection (6), and has not been determined before such coming into operation, subsection (6) shall apply to such application.]

135A. F374[Obligation to transmit deposit to Board

135A.— ...]

135B. F375[Enforcement of obligations under section 135A

135B.— ...]

136. Particulars to be specified in application under section 134.

136.—F378[(1)] An application under section 134 shall contain the following particulars—

• (a) the address of the dwelling,

• (b) F379[the name, address where the landlord ordinarily resides, any other address for correspondence the landlord may wish to provide and the personal public service number (if any) of the landlord] and, where the application is made by his or her authorised agent, the name, address for correspondence and personal public service number (if any) of the agent,

• F381[(ba) if the application relates to registration on the commencement of a tenancy or annual registration during a tenancy,]

• (c) if the landlord is a company, the registered number and registered office of that company,

• (d) if (where the application is made by the landlord’s authorised agent) the authorised agent is a company, the registered number and registered office of that company,

• (e) F380[…]

• (f) the name and, unless it cannot be ascertained by reasonable inquiry, personal public service number of the tenant, or (as the case may be) of each of the tenants, of the dwelling,

• (g) the name of the housing authority in whose functional area the dwelling is situated,

• (h) if the dwelling is one of a number of dwellings comprising an apartment complex, the name of the management company (if any) of the complex and the registered number and registered office of that company,

• (i) a description of the dwelling, indicating—

• (i) F380[…]

• (ii) F380[…]

• (iii) a statement as to which of the following categories it belongs namely, a whole or part of a house, a maisonette, an apartment, a flat or a bedsitter and, in case it falls within the category of a house or maisonette, an indication as to whether the house or maisonette is detached, semi-detached or F376[terraced,]

• (iv) the number of bedrooms,

• F377[(v) the number of bed spaces,

• (vi) the floor area, and

• (vii) in the case of a dwelling to which the European Union (Energy Performance of Buildings) Regulations 2012 (S.I. No. 243 of 2012) apply, the BER,]

• (j) the date the tenancy of the dwelling commenced,

• (k) the amount of the rent payable under that tenancy, the frequency with which it is required to be paid and any taxes or other charges required to be paid by the tenant,

• (l) if the tenancy is for a fixed term, the period of that term,

• (m) if the tenancy consists of a sub-letting, an indication to that effect,

• (n) the number assigned under section 135(3) in respect of a previous tenancy that was registered under this Part in respect of the dwelling (but only if the particulars provided under paragraph (f) in respect of that tenancy were the same as those that are being provided, under that paragraph, in respect of the immediate tenancy), and

• (o) such other matters as may be prescribed.

• F378[(2) Nothing in subsection (6) of section 135 shall operate to affect the obligation under subsection (1).]

137. Fee to accompany application under section 134.

137.—F383[(1) (a) Subject to subsections (2) and (6) and section 137A, the fee to accompany an application under section 134 shall—

• (i) in the case of an application (other than an application referred to in paragraph (b)) made during the period of 12 months after the commencement of section 25 of the Residential Tenancies (Amendment) Act 2019, be €40, and

• (ii) in the case of an application (other than an application referred to in paragraph (b)) made after that period—

• (I) be €40, or

• (II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.]

• F384[(b) Subject to subsections (2) and (6) and section 137A, the fee to accompany an application under section 134 shall—

• (i) in the case of an application in respect of a tenancy to which subsection (1A) of section 3 applies made during the period of 12 months after the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, be €40, or

• (ii) in the case of an application in respect of a tenancy to which subsection (1A) of section 3 applies made after that period—

• (I) be €40, or

• (II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.]

• (2) The requirement under [F385section 134(3)(b)(i)] F386[that a fee referred to in subsection (1)] accompany an application under section 134 shall be regarded as satisfied, as respects the applications mentioned in subsection (3), if the applicant mentioned in that subsection opts to pay to the Board a single fee of the amount specified in subsection (4) in respect of those applications.

• (3) The applications referred to in subsection (2) are applications made by the same person at the same time F387[in respect of not more than 10 tenancies] of dwellings comprised in the same property.

• F388[(4)
• (a) The amount of the single fee referred to in subsection (2) shall—

• (i) if the applications (other than an application referred to in paragraph (b)) concerned are made during the period of 12 months after the commencement of section 25 of the Residential Tenancies (Amendment) Act 2019, be €170, or

• (ii) if the applications (other than an application referred to in paragraph (b)) concerned are made after that period—

• (I) be €170, or

• (II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.]

• F384[(b) The amount of the single fee referred to in subsection (2) shall—

• (i) if the applications concerned are in respect of a tenancy to which subsection (1A) of section 3 applies made during the period of 12 months after the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, be €170, or

• (ii) if the applications concerned are in respect of a tenancy to which subsection (1A) of section 3 applies made after that period—

• (I) be €170, or

• (II) where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, be a fee of that amount.]

• (5) The option of paying the single fee referred to in subsection (2) is not available to the person mentioned in subsection (3) if the applications concerned are not made within the period specified in F389[subsection (2) or (2B) of section 134].

• F390[(6) If an application under subsection (1) of section 134 is made after the expiration of the period specified in F391[subsection (2) or (2B) of that section], as may be appropriate, the fee required to accompany that application shall be of such amount as is equal to the aggregate of—

• (a) the fee that would have been payable had the application been made before the expiration of that period, and

• (b) €10 F392[or, where an amount stands declared for the time being under subsection (1) of section 138 for the purposes of this paragraph, a fee of that amount,] in respect of each month or part of a month falling after such expiration.]

137A. F393[Fee to accompany application under section 134(2A)

137A.—F394[(1) Subject to subsections (2) and (6), the fee that is required to accompany an application referred to in subsection (2A) of section 134 F395[, or an application referred to in subsection (2B) of section 134 in respect of a tenancy of a dwelling referred to in section 3(4),] shall—

• (a) in the case of an application made during the period of 12 months after the commencement of section 26 of the Residential Tenancies (Amendment) Act 2019, be €20, or

• (b) in the case of an application made after that period—

• (i) be €20, or

• (ii) where an amount stands declared for the time being under F396[subsection (1A)] of section 138 for the purposes of this paragraph, be a fee of that amount.]

• (2) The requirement under section 134(3)(b)(ii) F397[that a fee referred to in subsection (1)] accompany an application under section 134 shall be regarded as satisfied, as respects the applications referred to in subsection (3), if the applicant referred to in subsection (3) opts to pay the Board a single fee of the amount specified in subsection (4) in respect of those applications.

• (3) The applications referred to in subsection (2) are applications made by the same person at the same time in respect of not more than 10 tenancies of dwellings comprised in the same property.

• F398[(4) The amount of the single fee referred to in subsection (2) shall—

• (a) if the applications concerned are made during the period of 12 months after the commencement of section 26 of the Residential Tenancies (Amendment) Act 2019, be €85, or

• (b) if the applications concerned are made after that period—

• (i) be €85, or

• (ii) where an amount stands declared for the time being under F396[subsection (1A)] of section 138 for the purposes of this paragraph, be a fee of that amount.]

• (5) The option of paying the single fee referred to in subsection (2) is not available to the person referred to in subsection (3) if the applications concerned are not made within the period specified in F399subsection (2A) or (2B), as may be appropriate, of [section 134].

• F400[(6) If an application referred to in subsection (2A) of section 134 is made after the expiration of the period specified in that subsection F395[, or an application referred to in subsection (2B) of section 134 in respect of a tenancy of a dwelling referred to in section 3(4) is made after the expiration of the period specified in the said subsection (2B)], the fee required to accompany that application shall be of such amount as is equal to the aggregate of—

• (a) the fee that would have been payable had the application been made before the expiration of that period, and

• (b) €5 F395[or, where an amount stands declared for the time being under subsection (1A) of section 138 for the purposes of this paragraph, a fee of that amount,] in respect of each month or part of a month falling after such expiration.]

• (7) F401[…]]

138. Variation of fee in line with changes in value of money.

138.—(1) If the Board is satisfied that, having regard to changes in the value of money generally in the State that have occurred in—

• (a) any period ending on or before the date that falls 12 months after the commencement of section 134, or

• (b) any period subsequent to that date,

it is appropriate for it to declare a fee of a greater or lesser amount than—

• F402[(i) in the case of paragraph (a)(ii) or (b)(ii) of section 137(1)—

• (I) €40, or

• (II) the amount that was last previously declared (in exercise of the power under this subsection) for the purposes of the said paragraph (a)(ii) or (b)(ii), as the case may be,

• (ii) in the case of paragraph (a)(ii)(I) or (b)(ii)(I) of section 137(4)—

• (I) €170, or

• (II) the amount that was last previously declared (in exercise of the power under this subsection) for the purposes of the said paragraph (a)(ii)(I) or (b)(ii)(I), as the case may be,

or]

• F403[(iii) in the case of section 137(6)(b)—

• (I) €10 in respect of each month or part of a month falling after the expiration of the period specified in subsection (2) or (2B) of section 134, as the case may be, or

• (II) the amount that was last previously declared (in exercise of the power under this subsection) in respect of each month or part of a month for the purposes of the said section 137(6)(b),]

it may, subject to subsection (2), declare in writing, for the purposes of F402subsection (1), (4) or (6) of [section 137], a fee of such a greater or lesser amount.

• F404[(1A) Without prejudice to subsection (1), where, in respect of the fee referred to in subsections (1)(b) and (4)(b) of section 137A, the Board is satisfied that, having regard to changes in the value of money generally in the State that have occurred in—

• (a) any period ending on or before the date that falls 24 months after the commencement of subsection (2A) of section 134, or

• (b) any period subsequent to that date,

it is appropriate for it to declare a fee of a greater or lesser amount than—

• F402[(i) in the case of section 137A(1)(b)—

• (I) €20, or

• (II) the amount that was last previously declared (in exercise of the power under this subsection) for the purposes of that provision,

• (ii) in the case of section 137A(4)(b)—

• (I) €85, or

• (II) the amount that was last previously declared (in exercise of the power under this subsection) for the purposes of that provision,

or]

• F403[(iii) in the case of section 137A(6)(b)—

• (I) €5 in respect of each month or part of a month falling after the expiration of the period specified in section 134(2A) or (2B), as the case may be, or

• (II) the amount that was last previously declared (in exercise of the power under this subsection) in respect of each month or part of a month for the purposes of the said section 137A(6)(b),]

it may, subject to subsection (2A), declare in writing, for the purposes of F402subsection (1), (4) or (6) of [section 137A], a fee of such greater or lesser amount.]

• (2) The amount (expressed as a percentage) by which the amount of a fee declared under this section is greater or lesser than the amount of the relevant fee mentioned in subsection (1) shall be such as, in the opinion of the Board, approximates to the percentage increase or decrease in the value of money generally in the State that has occurred in—

• (a) unless paragraph (b) applies, the period beginning on the commencement of section 134 and ending on the making of the declaration, or

• (b) if the power under this section has previously been exercised for the purpose of F402subsection (1), (4) or (6) of [section 137], as the case may be, the period beginning on the date that that power was last exercised and ending on the making of the declaration.

• F404[(2A) In respect of the declaration of a fee referred to in subsection (1A), the amount (expressed as a percentage) by which the amount of a fee declared under that subsection is greater or lesser than the amount of the relevant fee mentioned in that subsection shall be such as, in the opinion of the Board, approximates to the percentage increase or decrease in the value of money generally in the State that has occurred in—

• (a) unless paragraph (b) applies, the period beginning on the commencement of subsection (2A) of section 134 and ending on the making of the declaration, or

• (b) if the power under this section has been previously exercised for the purpose of F402subsection (1), (4) or (6) of [section 137A], as the case may be, the period beginning on the date that the power was last exercised and ending on the making of the declaration.]

Chapter 3 Updating of register and enforcement of requirement to register

139. Updating of particulars entered in the register.

139.—(1) Within 1 month from an alteration of the rent payable under a tenancy registered in the register taking effect, the landlord under the tenancy shall furnish to the Board F407[, by a notice in writing in the prescribed form, the information specified in subsection (2)].

• (2) That information is—

• (a) the amount of that rent as it stands altered and the date from which that alteration took effect, and

• (b) so far as any of the other matters in respect of which particulars were entered in the register in respect of the tenancy have changed in any material respect since, as appropriate—

• (i) the tenancy was registered in the register, or

• (ii) information in respect of them was last previously furnished to the Board under subsection (1),

particulars in respect of those other matters as they stand at the date of this furnishing of information under subsection (1).

• (3) No fee shall be payable in respect of the furnishing to the Board of the information mentioned in this section.

• (4) The Board, as soon as may be after receipt of the information mentioned in this section, shall amend the relevant particulars in the register with respect to the tenancy concerned.

• F405[(5) ...

• (6) ...]

• F406[(7)
• (a) Without prejudice to subsection (1), a landlord may, at any time, notify the Board in writing of—

• (i) any changes in respect of particulars entered in the register, and

• (ii) any additional particulars to be entered in the register,

in respect of the tenancy.

• (b) In subsection (4), the reference to information shall include particulars notified under paragraph (a).]

140. Amendment of register by Board of its own volition.

140.—(1) If the Board becomes aware that any particular entered in the register is incorrect it shall amend the register to correct the matter.

• (2) For the purpose of complying with subsection (1) and, in particular, for the purpose of determining what needs to be stated in the register by way of correction of the matter, the Board may make such inquiries as it thinks fit (whether of the landlord or tenant under the tenancy concerned or any other person).

141. Deletion from register of a tenancy.

141.—(1) Where, in the opinion of the landlord of the dwelling, a dwelling in respect of which a tenancy has been registered in the register has ceased to be a dwelling to which this Act applies, the landlord shall notify in writing the Board of that opinion and the grounds for it.

• (2) That notification shall be made within 1 month from the date that, in the opinion of the landlord, the cessation concerned occurred.

• (3) Having considered the grounds stated in a notification made to it under subsection (1), the Board shall—

• (a) if it is satisfied that the dwelling concerned is no longer a dwelling to which this Act applies, delete the entry in the register in respect of the dwelling and notify the landlord of that deletion, or

• (b) if it is not satisfied that the dwelling is no longer a dwelling to which this Act applies, notify the landlord that it is not so satisfied.

• (4) For the avoidance of doubt, no refund of the whole or part of the fee charged under section 134 in respect of the registration under this Part of the dwelling concerned may be made to the landlord in a case to which subsection (3)(a) applies.

• (5) Despite the deletion, under subsection (3)(a), of the entry in the register in respect of a tenancy of a dwelling, the Board may, if it considers it appropriate to do so for the purpose of its functions under section 151, keep a record of all or any of the particulars in respect of that tenancy that were contained in the entry.

142. Presumption in relation to date of commencement of tenancy.

142.—In any proceedings under Part 6, it shall be presumed until the contrary is shown that the date stated in the register as the date on which the tenancy, the subject of the proceedings, commenced is the date on which that tenancy commenced.

143. Offence for furnishing false or misleading information.

143.—A person who, in purported compliance with section 134 or 139, furnishes information to the Board which is false or misleading in a material respect knowing it to be so false or misleading or being reckless as to whether it is so false or misleading is guilty of an offence.

144. Provision in aid of enforcement of registration requirements.

144.—(1) If it appears to the Board that a particular tenancy that F408[ought to be or ought to have been registered in the register has not been the subject of an application for registration under section 134, it may serve] the notice referred to in subsection (2) on the person whom it F408[considers to be or to have been] the landlord under that tenancy.

• (2) That notice is a notice—

• (a) stating the Board's opinion that the tenancy mentioned in the notice is required to be registered in the register and, accordingly, that an application for registration of the tenancy under section 134 must be made by the addressee of the notice, and

• (b) requesting the addressee of the notice to furnish to the Board, within a period specified in the notice, the reasons why the addressee considers (if such be the case) that the opinion is not well founded.

• (3) If the addressee of the notice referred to in subsection (2)—

• (a) does not furnish to the Board, in accordance with the notice, the reasons requested, or

• (b) furnishes, in accordance with the notice, reasons to the Board which do not result in its altering the opinion stated in that notice,

the Board shall (unless an application has by then been made under section 134 to register the tenancy) serve a further notice on the addressee stating that he or she is required to apply to the Board under section 134 to register the tenancy in the register and that, if he or she fails to do so within 14 days from the receipt by him or her of the notice, he or she is guilty of an offence.

• (4) A person who fails to comply with a notice under subsection (3) within the period of 14 days from the receipt by him or her of the notice is guilty of an offence.

• (5) For the purpose of a person’s complying with the requirement in a notice under subsection (2) or (3) to register a tenancy under section 134, that section F409[shall apply as if subsection (2) or, as the case may be, subsection (2A)] were omitted from it (but for that purpose only and not so as to affect the application of section 137(6) F409[or 137A(6)]).

• (6) Proceedings for an offence under subsection (4) may not be brought if more than a year has elapsed between the date of service of the notice under subsection (2) and of the notice under subsection (3) in relation to the matter concerned.

• (7) The reference in subsection (1) to a particular tenancy that F408[ought to be or ought to have been registered] shall be deemed to include a reference to a tenancy which, in the opinion of the Board, F408[exists or existed in respect of a dwelling and, accordingly, ought to be or ought to have been registered]; where the Board is of that opinion in respect of a dwelling then the notice referred to in subsection (2) concerning that dwelling shall expressly state that as part of the opinion stated by the Board in the notice.

• F410[(8) Where the Board has reasonable grounds for believing that a person has committed an offence under subsection (4), it may serve on the person a notice in the prescribed form (in this section referred to as a "fixed payment notice") stating that—

• (a) the person is alleged to have committed an offence under subsection (4) (in this section referred to as the "alleged offence"),

• (b) the person may, during the period of 28 days beginning on the date of the fixed payment notice, make to the Board a payment of €100 or such greater amount not exceeding €500 as may be prescribed, identifying the notice to which the payment relates,

• (c) the person is not obliged to make the payment specified in the notice,

• (d) a prosecution of the person in respect of the alleged offence will not be instituted during the period of 28 days beginning on the date of the notice, and

• (e) if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

• (9) Where a fixed payment notice is served—

• (a) the person to whom it applies may make a payment in accordance with subsection (8)(b),

• (b) the Board shall, upon receipt of the payment, issue a receipt for it,

• (c) any payment received by the Board shall not be recoverable by the person who made it, and

• (d) a prosecution in respect of the alleged offence shall not be instituted during the period specified in subsection (8)(b) and, if payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

• (10) In proceedings for an alleged offence, it shall be a defence for the defendant to prove that the defendant has made a payment in accordance with subsection (8)(b) pursuant to a fixed payment notice served in respect of the alleged offence.

• (11) Payments received by the Board under this section shall be paid into or disposed of for the benefit of the Exchequer.]

144A. F411[Enforcement of requirement to update particulars

144A.—(1) F412[If it appears to the Board that a landlord under a tenancy has failed to comply with section 139(1), the Board may] serve the notice referred to in subsection (2).

• (2) The notice shall—

• (a) inform the landlord of the Board’s opinion, and

• (b) request the landlord to, within the period specified in the notice—

• (i) comply with section 139(1), or

• (ii) furnish to the Board the reasons why the landlord considers (if such be the case) that the opinion is not well founded.

• (3) If the landlord, within the period specified in the notice—

• (a) does not comply with section 139(1), or

• (b) does not furnish the reasons to the Board or furnishes reasons which do not result in the Board altering its opinion,

the Board shall serve a further notice on the landlord stating that the landlord is required to comply with section 139(1) and that the Board’s opinion has not altered and that, if he or she fails to do so within 14 days from the receipt by him or her of the notice, the landlord shall be guilty of an offence.

• (4) A person who fails to comply with a notice under subsection (3) within 14 days from the receipt by him or her of the notice shall be guilty of an offence.]

• F413[(5) Where the Board has reasonable grounds for believing that a person has committed an offence under subsection (4), it may serve on the person a notice in the prescribed form (in this section referred to as a "fixed payment notice") stating that—

• (a) the person is alleged to have committed an offence under subsection (4) (in this section referred to as the "alleged offence"),

• (b) the person may, during the period of 28 days beginning on the date of the fixed payment notice, make to the Board a payment of €100 or such greater amount not exceeding €500 as may be prescribed, identifying the notice to which the payment relates,

• (c) the person is not obliged to make the payment specified in the notice,

• (d) a prosecution of the person in respect of the alleged offence will not be instituted during the period of 28 days beginning on the date of the notice, and

• (e) if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

• (6) Where a fixed payment notice is served—

• (a) the person to whom it applies may make a payment in accordance with subsection (5)(b),

• (b) the Board shall, upon receipt of the payment, issue a receipt for it,

• (c) any payment received by the Board shall not be recoverable by the person who made it, and

• (d) a prosecution in respect of the alleged offence shall not be instituted during the period specified in subsection (5)(b) and, if payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

• (7) In proceedings for an alleged offence, it shall be a defence for the defendant to prove that the defendant has made a payment in accordance with subsection (5)(b) pursuant to a fixed payment notice served in respect of the alleged offence.

• (8) Payments received by the Board under this section shall be paid into or disposed of for the benefit of the Exchequer.]

145. Further provisions in aid of enforcement of registration requirements.

145.—F414[(1) Where the Board has reasonable grounds for believing that any activity in connection with the letting or tenancy of a dwelling (in this section referred to as the "dwelling concerned") is carried on at a premises, a person authorised in writing by the Board for the purposes of this section as respects the premises may, at all reasonable times, enter into and inspect that premises for the purposes of—

• (a) forming an opinion as to whether any activity in connection with the letting or tenancy of any dwelling (including the dwelling concerned) is being, or has been, carried on at the premises,

• (b) forming an opinion as to whether a tenancy of the dwelling concerned that ought to be, or ought to have been, registered in the register has been the subject of an application for registration under section 134,

• (c) ascertaining the particulars to be specified in an application under section 134 in respect of a tenancy of the dwelling concerned, or

• (d) determining the correctness of any particular specified in an application made under section 134 in respect of a tenancy of the dwelling concerned.]

• F415[(1A) A person referred to in subsection (1) shall not, other than with the consent of the occupier, enter a private dwelling without a warrant issued under subsection (1B) authorising the entry.

• (1B) A judge of the District Court, if satisfied on the sworn information of a person referred to in subsection (1) that—

• (a) there are reasonable grounds for suspecting that any information or records, as the said person may reasonably require for the purposes of the said person’s authorisation under this section, is or are held on any premises or any part of any premises, and

• (b) the said person, acting under authority for the purposes of this section, has been prevented from entering the premises or any part thereof,

may issue a warrant authorising a person authorised in writing by the Board for the purposes of this section, accompanied if necessary by other persons, at any time or times within 30 days from the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or part of the premises concerned for the purposes of this section.

• (1C) An application for a warrant under subsection (1B) shall be made to a judge of the District Court for the time being assigned to the District Court District within which the premises in respect of which the application is made is situated.]

• F414[(2) A person shall not be authorised under subsection (1) unless the Board has reasonable grounds for believing that there has been a failure to comply with section 134 in respect of the dwelling concerned.]

• (3) A person who obstructs or impedes a person authorised under subsection (1) in the exercise by that person of his or her powers under that subsection is guilty of an offence.

• (4) If it appears to the Board that a particular tenancy that ought to be F415[, or ought to have been,] registered in the register has not been the subject of an application for registration under section 134 it may, by service of a notice on the tenant under the tenancy, require the tenant to supply to it, within a period specified in the notice, the name and address of the landlord under the tenancy or, if those particulars are not known to the tenant, any information in the possession of the tenant that could reasonably lead to the Board's ascertaining the identity of the landlord or his or her address.

• (5) A person who fails to comply with a notice under subsection (4) or supplies information to the Board in purported compliance with the notice which is false or misleading in a material respect knowing it to be so false or misleading or being reckless as to whether it is so false or misleading is guilty of an offence.

Chapter 4 Data exchange — private residential tenancies

146. Data exchange — private residential tenancies.

146.—(1) A local authority shall, at such intervals as are specified by the Board, supply to the Board such information in its possession as falls within any class of information specified by the Board for the purpose of this subsection, being a class of information the supply of which to the Board is F416[necessary and proportionate] for the performance by the Board of its functions.

• (2) The Minister for Social and Family Affairs shall, at such intervals as are specified by the Board, supply to the Board such information in his or her possession as falls within any class of information specified by the Board for the purpose of this subsection, being a class of information the supply of which to the Board is F416[necessary and proportionate] for the performance by the Board of its functions.

• (3) The Board shall, at such intervals as are specified by a local authority, supply to the local authority such information in the possession of the Board as falls within any class of information specified by the local authority for the purpose of this subsection, being a class of information the supply of which to the authority is F416[necessary and proportionate] for the performance by the authority of its functions relating to houses, dwellings or other structures (either generally or those which have been provided by it).

• (4) The Board shall, at such intervals as are specified by the Minister for Social and Family Affairs, supply to that Minister of the Government such information in the possession of the Board as is F416[necessary and proportionate] for the performance by that Minister of his or her F417[functions under Chapter 9 of Part 3 of the Social Welfare Consolidation Act 2005 and for the purposes of administering the application for, and payment of, financial contributions under Part 2 of the Civil Law (Miscellaneous Provisions) Act 2022].

• F418[(5) Where the Board considers that it is necessary and proportionate for the performance by the Board of its functions, the Board may request Sustainable Energy Ireland – the Sustainable Energy Authority of Ireland (in this section referred to as the "SEAI") to supply the Board with the following information in relation to a dwelling:

• (a) the floor area;

• (b) the BER.

• (6) The SEAI shall comply with a request under subsection (5) in so far as the information requested is in its possession.

• (7) The Board shall, at such intervals as are specified by the SEAI, supply to that body such information in the possession of the Board as falls within any class of information specified by the SEAI for the purpose of this subsection, being a class of information the supply of which to the SEAI is necessary and proportionate for the performance by the SEAI of its functions under the Sustainable Energy Act 2002.]

147. Exchange of public service data.

147.—(1) A local authority shall, at such intervals as are specified by the Minister for Social and Family Affairs, supply to that Minister of the Government such information in its possession as falls within any class of information specified by that Minister for the purpose of this subsection, being a class of information the supply of which to that Minister is reasonably necessary for the performance by that Minister of his or her functions under Chapter 11 of Part III of the Social Welfare (Consolidation) Act 1993.

• (2) The Minister for Social and Family Affairs shall, at such intervals as are specified by a local authority, supply to the local authority such information in his or her possession as falls within any class of information specified by the local authority for the purpose of this subsection, being a class of information the supply of which to the authority is reasonably necessary for the performance by the authority of its functions relating to houses, dwellings or other structures (either generally or those which have been provided by it).

147A. F420[Disclosure of certain information to Revenue Commissioners.

F419[147A.—(1) The Revenue Commissioners may, where they consider that it is necessary and proportionate for the performance by them of their functions, request the Board to supply the Revenue Commissioners with—

• (a) information contained in the register, or

• (b) where it appears to the Board that a dwelling is, or might be, the subject of a tenancy that is not registered under Part 7, some or all of the following information:

• (i) where the owner, landlord or tenant of the dwelling is—

• (I) an individual, the name, contact details, address (including postcode) and personal public service number of the individual,

• (II) a company, its name, its contact details, the address (including postcode) of its registered office, its tax reference number and its registered number, or

• (III) a body corporate other than a company, its name, its contact details, the address (including postcode) of its principal office or place of business and its tax reference number;

• (ii) the address (including postcode) of the dwelling;

• (iii) the duration of the tenancy;

• (iv) the amount of rent payable under the tenancy;

• (v) the number of tenants;

• (vi) such other information as the Revenue Commissioners may reasonably require for the purposes of their functions.

• (2) The Board shall, as soon as practicable after receipt of a request under subsection (1) or at such intervals as are specified by the Revenue Commissioners, comply with the request in so far as the information requested is in their possession.

• (3) The Board may, of its own volition, disclose to the Revenue Commissioners the following information in its possession:

• (a) information relating to a decision under subsection (4)(a) or (5) of section 148X to impose a sanction;

• (b) information relating to a sanction imposed under Part 7A;

• (c) information relating to a tenancy, or a dwelling that appears to the Board to be the subject of a tenancy, that is not registered under Part 7, the disclosure of which to the Revenue Commissioners is necessary and proportionate for the performance by the Revenue Commissioners of their functions.]]

147B. F421[Disclosure of information by Revenue Commissioners to Board

147B.—(1) Where it appears to the Board that a dwelling is, or might be, let by an owner or landlord and the Board considers that it is necessary and proportionate for the performance by the Board of its functions, the Board may request the Revenue Commissioners to supply the Board with some or all of the following information:

• (a) where the owner, landlord or tenant of the dwelling is—

• (i) an individual, the name, contact details, address (including postcode) and personal public service number of the individual,

• (ii) a company, its name, its contact details, the address (including postcode) of its registered office, its tax reference number and its registered number, or

• (iii) a body corporate other than a company, its name, its contact details, the address (including postcode) of its principal office or place of business and its tax reference number;

• (b) the address (including postcode) of the dwelling.

• (2) The Revenue Commissioners shall, as soon as practicable after receipt of a request under subsection (1) or at such intervals as are specified by the Board, comply with a request under subsection (1) in so far as the information requested is in their possession.]

148. Provision of details of tenancy to Revenue Commissioners.

148.—(1) In this section “identification number” means—

• (a) in the case of an individual, the individual's personal public service number, and

• (b) in the case of a company, the registered number of the company.

• (2) On the request of—

• (a) a landlord of a dwelling, on his or her furnishing—

• (i) his or her identification number, or

• (ii) his or her name and the identification number of his or her authorised agent,

or

• (b) the Revenue Commissioners, on their furnishing—

• (i) the identification number of a landlord of a dwelling, or

• (ii) the name of a landlord of a dwelling and the identification number of his or her authorised agent,

the Board shall, at such time or times as are reasonably specified in the request, furnish to the Revenue Commissioners—

• (I) confirmation as to whether the landlord has registered a tenancy in respect of a dwelling, and

• (II) in the event of there being one or more than one tenancy so registered, such of the particulars registered in respect of it or them as the Revenue Commissioners may require.

148A. F422[Obligation of parties in relation to return of deposit

148A.— ...]

148B. F423[Return of deposit by Board

148B.— ...]

148C. F424[Agreement between the parties on the return of deposit

148C.— ...]

148D. F425[Return by Board of deposit where joint agreed application made under section 148C

148D.— ...]

148E. F426[Application for return of deposit where no agreement between the parties

148E.— ...]

148F. F427[Notification by Board of application for return of deposit where no agreement between the parties

148F.— ...]

148G. F428[Return of deposit where statement of agreement under section 148F received

148G.— ...]

148H. F429[Notification to parties of statement of disagreement under section 148F

148H.— ...]

148I. F430[Notification by Board where no statement of agreement, or disagreement, received within prescribed period

148I.— ...]

148J. F431[Return of deposit where statement of agreement under section 148I received

148J.— ...]

148K. F432[Notification to parties of statement of disagreement under section 148I

148K.— ...]

148L. F433[Return of deposit where no notification of agreement or disagreement made

148L.— ...]

148M. F434[Offence of furnishing false or misleading information in relation to return of deposit

148M.— ...]

148N. F435[Notifications by Board for purposes of return of deposit

148N.— ...]

148O. F436[Reference by party of return of deposit to Board as a dispute for resolution under Part 6

148O.— ...]

148P. F437[Transitional provisions relating to transmission of deposits of certain tenancies

148P.— ...]

148Q. F438[Enforcement of obligation under section 148P

148Q.— ...]

F439[Part 7A Complaints, Investigations and Sanctions]

148R. F439[Interpretation (Part 7A)

148R.—In this Part—

"authorised officer" means a person appointed under section 164A to be an authorised officer;

"complainant" means a person who makes a complaint under section 148T;

"decision maker" means a person appointed under section 164A to be a decision maker;

"decision notice" means a notice given by the Board under section 148Y;

"improper conduct" in relation to a landlord, means conduct specified in Schedule 2;

"investigation" means an investigation under section 148X;

"investigation report" in relation to an investigation, means a report in writing, following the completion of the investigation by the authorised officer appointed under section 148U(1) to carry out the investigation;

"records" has the meaning assigned to it by section 148S(19);

"sanction" has the meaning assigned to it by section 148X(11).]

148S. F441[Powers of authorised officer

148S.—(1) For the purposes of carrying out an investigation, an authorised officer may—

• (a) subject to subsections (12) and (13), at all reasonable times enter, inspect, examine and search any premises where he or she has reasonable grounds for believing that any activity in connection with the letting or tenancy of a dwelling is carried on,

• (b) at such premises inspect and take copies or extracts from records relating to the activity referred to in paragraph (a) which he or she finds or with which he or she is provided in the course of his or her inspection,

• (c) remove any such records from the premises and retain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Part,

• (d) require any person at the premises or the owner or person in charge of the premises and any person employed there to give to him or her such assistance and information and to produce to him or her such records (and in the case of records in non-legible form, produce to him or her a legible reproduction thereof) that are in that person’s possession or control or within that person’s procurement, as he or she may reasonably require for the purposes of his or her functions under this Part,

• (e) be accompanied by a member of the Garda Síochána if there is reasonable cause to apprehend any serious obstruction in the performance of any of the authorised officer’s functions under this subsection, and

• (f) require a landlord to provide an explanation of a decision, course of action, system or practice or the nature or content of any records.

• (2) A requirement under paragraph (d) or (f) of subsection (1) shall specify a period within which, or a date and time on which, the person the subject of the requirement is to comply with it.

• (3) For the purposes of an investigation, an authorised officer—

• (a) may require a person who, in the authorised officer’s opinion—

• (i) possesses information that is relevant to the investigation, or

• (ii) has any records within that person’s possession or control or within that person’s procurement as the authorised officer may reasonably require for the purposes of his or her functions under this Part,

to provide that information or those records, as the case may be, to the authorised officer, and

• (b) where the authorised officer thinks fit, may require that person to attend before the authorised officer for the purpose of so providing that information or those records as the case may be.

• (4) The person who is the subject of a requirement under subsection (3) shall comply with the requirement.

• (5) A requirement under subsection (3) shall specify—

• (a) a period within which, or a date and time on which, the person the subject of the requirement is to comply with the requirement, and

• (b) as the authorised officer concerned thinks fit—

• (i) the place at which the person shall attend to give the information concerned or to which the person shall deliver the records concerned, or

• (ii) the place to which the person shall send the information or the records concerned.

• (6) A person required to attend before an authorised officer under subsection (3)(b)—

• (a) is also required to answer fully and truthfully any question put to the person by the authorised officer, and

• (b) if so required by the authorised officer, shall answer any such question under oath or affirmation.

• (7) Where it appears to an authorised officer that a person has failed to comply or fully comply with a requirement under subsection (1), (3) or (6), the authorised officer may, on notice to that person and with the consent of the Board, apply in a summary manner to the District Court for an order under subsection (8).

• (8) Where satisfied after hearing the application about the person’s failure to comply or fully comply with the requirement in question, the District Court may, subject to subsection (11), make an order requiring that person to comply or fully comply, as the case may be, with the requirement within a period specified by the Court.

• (9) The administration of an oath referred to in subsection (6)(b) by an authorised officer is hereby authorised.

• (10) Any statement or admission made by a person pursuant to a requirement under subsection (1), (3) or (6) is not admissible against that person in criminal proceedings other than criminal proceedings for an offence under subsection (16), and this shall be explained to the person in ordinary language by the authorised officer concerned.

• (11) Nothing in this section shall be taken to compel the production by any person of any records which he or she would be exempt from producing in proceedings in a court on the ground of legal professional privilege.

• (12) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling without a warrant issued under subsection (13) authorising the entry.

• (13) A judge of the District Court, if satisfied on the sworn information of an authorised officer that—

• (a) there are reasonable grounds for suspecting that any information or records, as the authorised officer may reasonably require for the purposes of his or her functions under this Part, is or are held on any premises or any part of any premises, and

• (b) an authorised officer, in the performance of his or her functions under this subsection, has been prevented from entering the premises or any part thereof,

may issue a warrant authorising the authorised officer, accompanied if necessary by other persons, at any time or times within 30 days from the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or part of the premises concerned and perform all or any of the functions conferred on the authorised officer under this section.

• (14) For the purposes of an investigation, an authorised officer may, if he or she thinks it proper to do so, of his or her own volition or at the request of the landlord to whom the investigation relates, conduct an oral hearing.

• (15) Part 1 of Schedule 3 shall have effect for the purposes of an oral hearing referred to in subsection (14).

• (16) Subject to subsection (10), a person who—

• (a) withholds, destroys, conceals or refuses to provide any information or records required for the purposes of an investigation,

• (b) fails or refuses to comply with any requirement of an authorised officer under this section, or

• (c) otherwise obstructs or hinders an authorised officer in the performance of functions imposed under this Part,

is guilty of an offence and liable—

• (i) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

• (ii) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

• (17) An application under subsection (7) shall be made to a judge of the District Court for the time being assigned to the District Court District within which the person in respect of whom the application is made resides or carries on any profession, trade or business.