REGULATION OF ARTIFICIAL INTELLIGENCE ACT 2026

51. Processing of personal data and special categories of personal data (Office)

51. (1) The Office may process personal data, including special categories of personal data, in accordance with the General Data Protection Regulation and the Act of 2018 and any regulations made under section 52 to the extent necessary and proportionate for the performance of its functions under this Act and the Artificial Intelligence Regulation.

• (2) For the purposes of this Act, the Office is designated as controller in relation to personal data processed by it for the purposes of the performance of its functions under this Act and the Artificial Intelligence Regulation.

• (3) Personal data processed for the purposes referred to in subsection (1) shall not be retained for any period beyond which it is required and shall be permanently deleted after it is no longer required.

52. Regulations concerning data protection for Office

52. Without prejudice to the generality of section 3, the Minister may, after consultation with the Office, make regulations for any or all of the following:

• (a) the types and forms of processing that may be carried out;

• (b) the personal data that may be processed;

• (c) the circumstances in which the personal data may be processed, including specifying the persons to whom the data may be disclosed;

• (d) suitable and specific measures, including measures referred to in section 36(1) of the Act of 2018, to safeguard the fundamental rights and freedoms of data subjects in the processing of personal data, including special categories of personal data under this Act;

• (e) where the processing involves data relating to the health of a data subject, additional measures to be taken to safeguard the processing of that data;

• (f) the period of time during which personal data or special categories of personal data may be processed;

• (g) where possible, the proposed time limit within which each category of personal data shall be erased;

• (h) such other conditions (if any) as the Minister considers appropriate to impose on such processing.

PART 4 Relevant Market Surveillance Authorities and Relevant Competent Authorities

Chapter 1 Interpretation

53. Definition (Part 4)

53. In this Part, “relevant fundamental rights public body” means a public body or authority which supervises or enforces the respect of obligations under European Union law protecting fundamental rights, including the right to non-discrimination, in relation to the use of high-risk AI systems referred to in Annex III in the State as specified in Article 77(1) and includes the following:

• (a) An Coimisiún Toghcháin;

• (b) Coimisiún na Meán;

• (c) the Data Protection Commission;

• (d) the Environmental Protection Agency;

• (e) the Financial Services and Pensions Ombudsman;

• (f) the Irish Human Rights and Equality Commission;

• (g) the Ombudsman;

• (h) the Ombudsman for Children;

• (i) the Office of Ombudsman for the Defence Forces;

• (j) such other body as may be prescribed by the Minister.

Chapter 2 General obligations of relevant market surveillance authorities

54. Obligation of relevant market surveillance authority and others

54. (1) A relevant market surveillance authority, a member of staff of a relevant market surveillance authority, a person working under the supervision of a relevant market surveillance authority or any other person involved in the application of the Artificial Intelligence Regulation shall not contravene Article 78.

• (2) A person who, without reasonable excuse, contravenes subsection (1) shall be guilty of an offence.

55. Derogation from conformity assessment procedure

55. (1) Where a relevant market surveillance authority receives a duly justified request in accordance with Article 46(1), the relevant market surveillance authority concerned may authorise the placing on the market or the putting into service of specific high-risk AI systems within the State in accordance with that Article.

• (2) Where a relevant market surveillance authority proposes to refuse an authorisation in accordance with Article 46, the relevant market surveillance authority shall, as soon as practicable, notify the applicant in writing of such proposal and the applicant may make representations in accordance with section 56.

• (3) A relevant market surveillance authority shall—

• (a) notify the Office of any authorisation granted under Article 46, and

• (b) inform the European Commission and Member States in accordance with Article 46(3).

• (4) Where the European Commission enters into consultations in accordance with Article 46(5) with a relevant market surveillance authority, the relevant market surveillance authority concerned shall, without undue delay, notify the operators concerned.

56. Representations (derogation from conformity assessment)

56. (1) Where an applicant has been notified by a relevant market surveillance authority of a proposal to refuse to authorise a derogation from a conformity assessment procedure under section 55(2), he or she may, not later than 14 working days from the date of the notification, make representations to the relevant market surveillance authority about such proposal.

• (2) The relevant market surveillance authority shall have regard to any representations made to it under subsection (1) in deciding whether to proceed with the refusal to grant a derogation and shall notify the applicant, in writing, of its decision.

57. Reporting of serious incidents

57. (1) Where a relevant market surveillance authority receives a notification related to a serious incident as defined in Article 3(49), the relevant market surveillance authority concerned shall, in accordance with Article 73(7), inform the relevant public bodies referred to in that Article.

• (2) A relevant market surveillance authority that has received a notification referred to in subsection (1) shall take appropriate measures in accordance with Article 73(8).

• (3) The Health Products Regulatory Authority shall be notified of serious incidents relating to high-risk AI systems which are safety components of devices or are themselves devices specified in Article 73(10).

58. Market surveillance authorities seeking access

58. (1) A relevant market surveillance authority may seek access from a provider to documentation as well as to the training, validation and testing data sets in accordance with Article 74(12), and where such access is requested, the provider shall grant access.

• (2) A relevant market surveillance authority may make a reasoned request to seek access to the source code of a high-risk AI system in accordance with Article 74(13) and where such access is requested, a provider shall grant access to that source code where the conditions specified in that Article are fulfilled.

• (3) A person who does not provide access where requested under subsection (1) or (2) shall be guilty of an offence.

59. Request by relevant fundamental rights public body to organise testing of a high-risk system

59. (1) Where a relevant fundamental rights public body makes a request under Article 77(1), it shall inform the relevant market surveillance authority of that request as soon as is reasonably practicable.

• (2) Where a relevant fundamental rights public body makes a reasoned request under Article 77(3) because the documentation referred to in that Article is insufficient to ascertain whether an infringement of obligations under European Union law protecting fundamental rights has occurred, such request shall—

• (a) be made in the prescribed form and manner to the relevant market surveillance authority, and

• (b) include a statement of the grounds upon which the relevant fundamental rights public body is of the view that there may be an infringement of obligations under European Union law protecting fundamental rights.

• (3) Where a reasoned request is received under subsection (2), the relevant market surveillance authority shall consider that reasoned request and shall inform the relevant fundamental rights public body of the actions it proposes to take.

• (4) Where a relevant market surveillance authority has proposed under subsection (3) that testing is required, it shall organise the testing requested in accordance with Article 77(3) and shall provide the results of any testing to the relevant fundamental rights public body that requested it.

• (5) The Minister, after consultation with the relevant Minister (other than where the relevant Minister is the Minister), may prescribe the procedures to be followed by a relevant market surveillance authority for the handling of, and responses to, requests made by a relevant fundamental rights public body under Article 77(3).

60. Reports provided to Office and Competition and Consumer Protection Commission by relevant market surveillance authority

60. (1) Where a relevant market surveillance authority reports annually to the European Commission in accordance with Article 74(2), it shall provide copies of that report to the Office and the Competition and Consumer Protection Commission.

• (2) A relevant market surveillance authority shall provide a copy of a report or results, as the case may be, to the Office where the relevant market surveillance authority concerned—

• (a) receives a notification under section 57,

• (b) submits a report to the European AI Office under Article 57(16), and

• (c) receives a notification in accordance with Article 27(3).

61. Complaints concerning infringement of Artificial Intelligence Regulation

61. (1) A person (in this section referred to as a “complainant”) may make a complaint in accordance with Article 85 to a relevant market surveillance authority or the Office, in a form specified by the relevant market surveillance authority or the Office, as the case may be, that there has been an infringement of the Artificial Intelligence Regulation.

• (2) Where a complaint is submitted to the Office under subsection (1), the Office shall carry out an initial assessment of the complaint and, having done so, may—

• (a) transmit the complaint to a relevant market surveillance authority,

• (b) transmit the complaint to the European AI Office where the complaint concerns Article 75, or

• (c) take such other action in respect of the complaint as the Office considers appropriate.

• (3) The Office shall notify in writing the complainant where the complaint has been transmitted under subsection (2)(a) or (b).

• (4) Where a complaint is made to a relevant market surveillance authority under subsection (1), or transmitted under subsection (2)(a), the relevant market surveillance authority in receipt of the complaint shall carry out an initial assessment of the complaint and, having done so, may—

• (a) dismiss the complaint where the relevant market surveillance authority finds that—

• (i) the complaint is frivolous or vexatious or was not made in good faith, or

• (ii) the subject matter of the complaint is trivial,

• (b) transmit the complaint to another relevant market surveillance authority,

• (c) transmit the complaint to the European AI Office where the complaint concerns Article 75,

• (d) take such other action in respect of the complaint as the relevant market surveillance authority considers appropriate, or

• (e) take no further action in respect of the complaint.

• (5) A complaint made under subsection (1) shall be taken into account for the purpose of conducting market surveillance procedures and shall be handled in accordance with procedures established by the relevant market surveillance authority under the Market Surveillance Regulation.

62. Reporting of infringements and protection of reporting persons

62. The Protected Disclosures Act 2014 shall apply to the reporting of infringements of the Artificial Intelligence Regulation and the protection of persons reporting such infringements.

Chapter 3 Co-operation agreements of relevant market surveillance authorities

63. Co-operation agreements of relevant market surveillance authorities

63. (1) A relevant market surveillance authority may enter into an agreement (in this section referred to as a “co-operation agreement”) with another relevant market surveillance authority or a prescribed body for the purposes of facilitating co-operation between them in the performance of their respective functions in so far as they relate to the supervision and enforcement of the Artificial Intelligence Regulation.

• (2) A co-operation agreement shall include provisions—

• (a) enabling each party to furnish to another party information in its possession if the information is required by that other party for the purpose of the performance of any of its functions in so far as they relate to the supervision and enforcement of the Artificial Intelligence Regulation, and

• (b) enabling each party to forbear to perform any of its functions in so far as they relate to the supervision and enforcement of the Artificial Intelligence Regulation in relation to a matter in circumstances where it is satisfied that another party is performing functions in relation to that matter.

• (3) A co-operation agreement may be varied by the parties concerned.

• (4) The Minister and any other relevant Minister shall each be furnished by the relevant market surveillance authorities with a copy of every co-operation agreement (including any variation of the agreement) that has been made not later than one month from the date the agreement (or the variation of it) has been made.

• (5) A co-operation agreement, or any variation made to it, shall be in writing and, as soon as practicable after the agreement or variation has been made and furnished to the Minister and any other relevant Minister, each of the parties shall arrange for it to be published on a website maintained by or on behalf of the relevant market surveillance authority concerned.

• (6) Without prejudice to subsection (8), nothing in any enactment shall be read as preventing the provisions of a co-operation agreement from having effect in accordance with their terms.

• (7) If information is furnished by one party to another party pursuant to a provision of a co-operation agreement of the kind referred to in subsection (2)(a), the provisions of any enactment concerning the disclosure of that information by the first-mentioned party shall apply to the second-mentioned party with respect to that information.

• (8) A failure by a relevant market surveillance authority or a prescribed body to comply with a provision of a co-operation agreement shall not invalidate the exercise by it of any power.

• (9)
• (a) In this section—

“party” means a party to a co-operation agreement and a reference to another party (whether that expression or the expression “the other party” is used) shall, where there are 2 or more other parties to the agreement, be construed as a reference to one or more of those other parties or each of them, as appropriate;

“prescribed body” means each of the following:

• (i) the Office;

• (ii) a relevant fundamental rights public body;

• (iii) the Commission for Aviation Regulation;

• (iv) the Irish National Accreditation Board;

• (v) An Garda Síochána;

• (vi) Revenue Commissioners;

• (vii) a body prescribed by the Minister.

• (b) Before prescribing a body for the purposes of this section, the Minister shall consult with such Minister or Ministers of the Government as he or she considers appropriate.

• (c) In prescribing a body for the purposes of this section, the Minister shall have regard to the functions and activities of the body, insofar as they—

• (i) relate to consumer protection, product safety, market surveillance, post-market monitoring, incident reporting, system safety or security, data protection or the protection of fundamental rights, and

• (ii) are necessary for the effective supervision or enforcement of the Artificial Intelligence Regulation.

64. Prohibition on unauthorised disclosure of confidential information by relevant competent authorities

64. (1) Subject to subsection (2) and section 36, a person shall not disclose confidential information obtained by him or her while performing functions under this Act or the Artificial Intelligence Regulation as—

• (a) a member of staff of a relevant competent authority, or

• (b) a consultant or adviser engaged by a relevant competent authority or other person providing services to a relevant competent authority or as a member of the staff of such adviser or consultant or other person.

• (2) A person does not contravene subsection (1) by disclosing confidential information if the disclosure—

• (a) is made in the performance of functions under this Act or the Artificial Intelligence Regulation of the relevant competent authority,

• (b) is made to or authorised by the relevant competent authority,

• (c) is made by a person in the circumstances referred to in section 35(2) of the Ethics in Public Office Act 1995,

• (d) is a protected disclosure within the meaning of the Protected Disclosures Act 2014,

• (e) is required or permitted by law, or

• (f) is made to a member of An Garda Síochána and, in the opinion of the person making the disclosure, the information may relate to the commission of an offence (whether or not it is an offence under this Act).

• (3) A person who contravenes subsection (1) shall be guilty of an offence.

• (4) In this section, “confidential information” means—

• (a) information of a commercially sensitive nature submitted to the relevant competent authority, by contractors, consultants or any other person for the purposes of the performance of the relevant competent authority’s functions, or

• (b) other information that is expressed by the relevant competent authority to be confidential either as regards particular information or as regards information of a particular class or description.

Chapter 4 Data protection for relevant competent authorities

65. Processing of personal data and special categories of personal data (relevant competent authorities)

65. (1) A relevant competent authority may process personal data, including special categories of personal data, in accordance with the General Data Protection Regulation and the Act of 2018 and any regulations under section 66 to the extent necessary and proportionate for the performance of its functions under this Act and the Artificial Intelligence Regulation.

• (2) For the purposes of this Act, a relevant competent authority is designated as controller in relation to personal data processed by it for the purposes of the performance of its functions under this Act and the Artificial Intelligence Regulation.

• (3) Personal data processed for the purposes referred to in subsection (1) shall not be retained for any period beyond which it is required and shall be permanently deleted after it is no longer required.

66. Regulations concerning data protection for relevant competent authorities

66. Without prejudice to the generality of section 3, the relevant Minister may, after consultation with the relevant competent authority, make regulations for any or all of the following:

• (a) the types and forms of processing which may be carried out;

• (b) the personal data that may be processed;

• (c) the circumstances in which the personal data may be processed, including specifying the persons to whom the data may be disclosed;

• (d) suitable and specific measures, including measures referred to in section 36(1) of the Act of 2018, to safeguard the fundamental rights and freedoms of data subjects in the processing of personal data, including special categories of personal data under this Act;

• (e) where the processing involves data relating to the health of a data subject, additional measures to be taken to safeguard the processing of that data;

• (f) the period of time during which personal data or special categories of personal data may be processed;

• (g) where possible, the proposed time limit within which each category of personal data shall be erased;

• (h) such other conditions (if any) as the Minister considers appropriate to impose on such processing.

PART 5 Supervision and Enforcement

67. Definitions (Part 5)

67. In this Part—

“investigation”, other than in section 76, means any market surveillance activities including those powers under section 70, carried out on behalf of a relevant market surveillance authority, in accordance with this Part for the purpose of ensuring effective enforcement of the Artificial Intelligence Regulation and this Act;

“premises” includes a place, land, water and any fixed or moveable structure thereon and a vessel, a vehicle, a train, an aircraft and other means of transport.

68. Appointment of authorised officers

68. (1) A relevant market surveillance authority may appoint such and so many persons as it thinks fit to be authorised officers to assist in the carrying out of its functions under this Act and the Artificial Intelligence Regulation.

• (2) A relevant market surveillance authority may revoke in writing an appointment made by it under subsection (1).

• (3) An authorised officer shall be furnished with a warrant of appointment and, when exercising any power conferred on him or her under this Act, shall, if requested by any person thereby affected, produce the warrant or a copy of it to that person for inspection, together with a form of personal identification.

• (4) An appointment under this section shall cease—

• (a) on the revocation of the appointment by the relevant market surveillance authority under subsection (2),

• (b) where the appointment is for a fixed period, on the expiry of that period,

• (c) in the case of a person who, at the time of appointment, was a member of staff of the relevant market surveillance authority, upon the person ceasing to be such a member of staff, or

• (d) on the person’s resignation.

69. Indemnification of authorised officers

69. Where a relevant market surveillance authority is satisfied that an authorised officer has discharged his or her duties in pursuance of the functions of the relevant market surveillance authority under this Act or the Artificial Intelligence Regulation in good faith, the relevant market surveillance authority shall, subject to such terms and conditions that the relevant market surveillance authority may determine from time to time, indemnify that authorised officer in the manner and to the extent that the relevant market surveillance authority may determine against all actions or claims however they arise in respect of the discharge by the authorised officer of his or her duties.

70. Powers of authorised officers

70. (1) For the purpose of assisting a relevant market surveillance authority in the carrying out of its functions under this Act or the Artificial Intelligence Regulation, an authorised officer may, in addition to any other powers provided under this Part or Part 6—

• (a) subject to subsections (3) and (4), enter (if necessary by the use of reasonable force) or, where the premises is a vehicle, stop and enter (if necessary by the use of reasonable force) any premises at or in which the authorised officer reasonably suspects that—

• (i) a relevant AI product or relevant material—

• (I) is located or operated, or

• (II) is, has or is likely to be placed on the market, put into service, made available on the market or otherwise manufactured, designed, developed, deployed, imported or distributed,

or

• (ii) records in any format relating to a relevant AI product or relevant material are kept,

and search and inspect the premises and any records, relevant material or relevant AI products found there,

• (b) secure for later inspection for such period as may reasonably be necessary for the purposes of his or her functions under this Act—

• (i) any premises or part of a premises referred to in paragraph (a), or

• (ii) any relevant AI products, relevant material or records referred to in paragraph (a) and any data equipment in which those relevant AI products, relevant material or records may be held,

• (c) require any person in charge of, or employed in, a premises referred to in paragraph (a), or any other person having control over such a premises—

• (i) to produce to the authorised officer any relevant AI products or relevant material, or records relating to a relevant AI product or relevant material, that are in the person’s possession or power to procure or control (and, in the case of such products, materials or records which may be in a non-legible form, to reproduce those products, materials or records in a permanent legible form), and

• (ii) to give to the authorised officer such information as the authorised officer may reasonably require in relation to any entries in such records or in relation to relevant material,

• (d) search, inspect and take copies of or extracts from any relevant AI product or relevant material, or records relating to a relevant AI product or relevant material (including, in the case of information in non-legible form, a copy of or extract from such information in a permanent legible form),

• (e) take any measurements or photographs and make any tape, electrical or other recordings that the authorised officer considers necessary for the purposes of his or her functions under this Act,

• (f) where the authorised officer reasonably suspects that there has been a contravention of this Act or an infringement of the Artificial Intelligence Regulation, remove and detain a relevant AI product or relevant material, or records relating to a relevant AI product or relevant material, for such period as may reasonably be necessary for the purposes of his or her functions under this Act,

• (g) require any person in charge of or employed in a premises at which the authorised officer finds a relevant AI product or relevant material, or any person who appears to the authorised officer to be in possession of such a relevant AI product or relevant material, to supply without payment, including by remote means if so requested, sufficient samples thereof for testing, examination or analysis,

• (h) require any person to give the authorised officer such information as the authorised officer may reasonably require for the purposes of his or her functions under this Act, in relation to—

• (i) a relevant AI product or relevant material, or records relating to a relevant AI product or relevant material, or models of other relevant AI products that have the same technical elements as the relevant AI product in question, or

• (ii) ascertaining the ownership of websites, where the information in question is related to the subject matter of the investigation,

• (i) require by notice, at a time and place specified in the notice, any person to give the authorised officer any information that the authorised officer may reasonably require for the performance of his or her functions, and to produce to the authorised officer any records that are in that person’s possession or power to procure or control, in relation to—

• (i) a premises referred to in paragraph (a),

• (ii) any activity, installation or procedure at such a premises, or

• (iii) a relevant AI product or relevant material,

• (j) require any person to afford the authorised officer such facilities and assistance within the person’s control or responsibilities as are reasonably necessary to enable the authorised officer to perform his or her functions under this Act,

• (k) examine any procedure connected with the manufacture, design, development, import or distribution of a relevant AI product or relevant material, and

• (l) by entering a premises referred to in paragraph (a) or by remote means—

• (i) on paying or making tender of payment therefor, take any of the relevant AI products,

• (ii) confirm by such other method as appropriate any other information relating to the relevant AI products, or

• (iii) acquire samples of relevant AI products, including under a cover identity, for the purpose of—

• (I) inspection, testing and technical analysis to identify non-compliance with this Act or the Artificial Intelligence Regulation, and

• (II) obtaining evidence.

• (2) An authorised officer may, in the performance of his or her functions under this Act—

• (a) operate any data equipment or cause any such data equipment to be operated by a person accompanying the authorised officer, and

• (b) require any person who appears to the authorised officer to be in a position to facilitate access to the records stored in any data equipment, or which can be accessed by the use of that data equipment, to give the authorised officer all reasonable assistance in relation to the operation of the data equipment or access to the records stored in it, including by—

• (i) providing the records to the authorised officer in a form in which they can be taken and in which they are, or can be made, legible and comprehensible,

• (ii) giving to the authorised officer any password necessary to make the records concerned legible and comprehensible, or

• (iii) otherwise enabling the authorised officer to examine the records in a form in which they are legible and comprehensible.

• (3) An authorised officer shall not enter a dwelling, other than with the consent of the occupier, unless the authorised officer has obtained a warrant from the District Court under subsection (6) or section 76 authorising such entry.

• (4) Subject to subsection (8), where an authorised officer in the exercise of powers under this Act is prevented from entering any premises or where the premises concerned is a dwelling, an application may be made to the District Court under subsection (6) for a warrant authorising such entry.

• (5) An authorised officer may, where the authorised officer considers it necessary, be accompanied by a member of An Garda Síochána when performing any powers conferred on the authorised officer under this Act.

• (6) Where a judge of the District Court is satisfied, on information provided by an authorised officer on oath or affirmation, that there are reasonable grounds for suspecting that, at any premises or any part of any premises—

• (a) there is information required by an authorised officer for the purposes of his or her functions under this Act,

• (b) there is a relevant AI product or relevant material, or records relating to a relevant AI product or relevant material, that an authorised officer requires to inspect for the purposes of his or her functions under this Act, or

• (c) inspection is likely to disclose evidence of a contravention of this Act or an infringement of the Artificial Intelligence Regulation,

the judge may issue a warrant authorising the authorised officer, accompanied by such other authorised officers or members of An Garda Síochána as may be necessary, at any time or times not later than one month from the date of issue of the warrant, on production of the warrant if so requested, to enter the premises using reasonable force where necessary and exercise all or any of the powers conferred on an authorised officer under this Act.

• (7) An application under subsection (6) shall be made to a judge of the District Court in whose District Court district the premises is situated.

• (8) Where an authorised officer is assigned to assist with an inspection referred to in section 76(2), any application for a warrant in relation to that inspection shall be made and determined in accordance with that section.

• (9) A person shall not—

• (a) obstruct or interfere with an authorised officer in the exercise of the authorised officer’s powers under this Act,

• (b) without reasonable excuse, fail to comply with a request or a requirement of an authorised officer under this Act, or

• (c) make a statement or give information to an authorised officer that the person knows is incorrect, incomplete or misleading.

• (10) A person who contravenes paragraph (a) or (b) of subsection (9) shall be guilty of an offence.

• (11) In this section—

“data equipment” includes a computer;

“record” means any memorandum, book, report, statement, register, plan, chart, map, drawing, specification, diagram, program, algorithm, data, code, software, formula, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form (including machine-readable form) or thing in which data (such as engineering data or personal data) or information is held or stored manually, mechanically, digitally or electronically and anything that is a part or a copy in any form, of any of, or any combination of, the foregoing, whether claimed as confidential or not;

“relevant material” means any information, device, part, component, element, substance or process used in the manufacture, design, development, deployment, importation or distribution of a relevant AI product.

71. Contravention notice

71. (1) An authorised officer who reasonably suspects that a person is infringing or has infringed a provision of the Artificial Intelligence Regulation to which this section applies may serve a notice (in this Act referred to as a “contravention notice”) on the person.

• (2) A contravention notice shall—

• (a) state that the authorised officer is of the opinion referred to in subsection (1),

• (b) specify the grounds for the opinion,

• (c) specify the provision or provisions to which the contravention notice applies,

• (d) direct that the person to whom the notice is addressed do one or more of the following:

• (i) remedy the infringement to which the notice relates;

• (ii) refrain from placing on the market the relevant AI product to which the notice relates;

• (iii) refrain from making available on the market the relevant AI product to which the notice relates;

• (iv) refrain from putting into service the relevant AI product to which the notice relates;

• (v) withdraw the relevant AI product to which the notice relates from the market;

• (vi) recall the relevant AI product to which the notice relates;

• (vii) dispose of (within the meaning of section 73(3)) the relevant AI product to which the notice relates;

• (viii) destroy the relevant AI product to which the notice relates,

by a date specified in the notice that shall not be earlier than the expiration of the period within which an appeal may be made under subsection (6),

• (e) include information regarding the making of an appeal under subsection (6),

• (f) include any other requirement that the authorised officer considers appropriate including specific measures to be taken to ensure compliance with any provisions of the Artificial Intelligence Regulation to which the contravention notice relates, and

• (g) be signed and dated by the authorised officer.

• (3) Subject to subsections (8) and (9), a contravention notice shall take effect on the date specified for the purpose of subsection (2)(d).

• (4) A person on whom a contravention notice has been served who is of the opinion that the requirements set out in the contravention notice have been complied with shall confirm in writing to the authorised officer concerned that the requirements set out in the notice have been complied with.

• (5) Where a person on whom a contravention notice has been served confirms in writing in accordance with subsection (4) that the specific requirements set out in the contravention notice have been complied with, the authorised officer concerned shall, on being satisfied that the requirements have been so complied with, not later than one month from the date of receipt of such confirmation, give notice to the person concerned of compliance with the contravention notice.

• (6) A person on whom a contravention notice is served may, not later than 14 working days from the day following the day on which the notice is served, appeal to a judge of the District Court in whose district the person ordinarily resides or carries on business, and in determining the appeal the judge may—

• (a) if satisfied that in the circumstances of the case it is reasonable to do so, confirm the contravention notice, with or without modification, or

• (b) cancel the contravention notice.

• (7) A person who appeals a contravention notice under subsection (6) shall at the same time notify the relevant market surveillance authority in relation to which the authorised officer stands appointed of the appeal and the grounds for the appeal and the relevant market surveillance authority concerned shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

• (8) A contravention notice shall take effect—

• (a) where the period for the bringing of an appeal against the notice referred to in subsection (6) has expired and no appeal has been made, on the expiration of that period or such later period as may be specified in the contravention notice for the purpose of subsection (2)(d), or

• (b) where an appeal has been brought and the notice is confirmed with or without modification under subsection (6)(a), on such confirmation.

• (9) An authorised officer may, by notice in writing to the person to whom a contravention notice was served under subsection (1)—

• (a) withdraw the notice at any time, or

• (b) at any time before an appeal is made under subsection (6), extend the period specified for the purpose of subsection (2)(d).

• (10) A person who, without reasonable excuse, fails or refuses to comply with a requirement specified in a contravention notice by the date on which it takes effect shall be guilty of an offence.

• (11) This section applies to the following provisions:

• (a) Article 16;

• (b) Article 23;

• (c) Article 24;

• (d) Article 26;

• (e) Article 27(3);

• (f) Article 50.

72. Prohibition notice

72. (1) An authorised officer who reasonably suspects that—

• (a) a person has infringed Article 5, or

• (b) a relevant AI product presents a risk to the health or safety of persons, to fundamental rights, or to other aspects of public interest protection,

may serve a notice (in this Act referred to as a “prohibition notice”) on the person referred to in paragraph (a) or the operator of the relevant AI product referred to in paragraph (b), as the case may be, in accordance with subsection (2).

• (2) A prohibition notice shall—

• (a) state that the authorised officer is of the opinion that there has been an infringement referred to in subsection (1)(a) or that a relevant AI product presents a risk referred to in subsection (1)(b),

• (b) where the authorised officer is of the opinion that there has been an infringement referred to in subsection (1)(a), specify the provisions of the Artificial Intelligence Regulation in relation to which the suspected infringement relates,

• (c) direct the person on whom the prohibition notice is served to ensure that the relevant AI product the subject of the notice—

• (i) is not to be placed or made available on the market or put into service until such time as all appropriate measures, including corrective measures, have been taken—

• (I) to bring the relevant AI product into compliance with the Artificial Intelligence Regulation, or

• (II) to ensure that the relevant AI product no longer presents the risk referred to in subsection (1)(b),

• (ii) is prohibited from being placed or made available on the market or put into service,

• (iii) is withdrawn or recalled within a specified time limit,

• (iv) is destroyed or disposed of (within the meaning of section 73(3)) within the time limit specified in the notice and in a manner specified by the authorised officer or is to be detained for the purposes of destruction by an authorised officer, or

• (v) is detained and provided to the authorised officer for the purposes of disposal by the authorised officer,

and

• (d) be signed and dated by the authorised officer serving it.

• (3) A prohibition notice may include directions—

• (a) as to the measures to be taken to remedy any infringement or matter to which the prohibition notice relates, or to otherwise comply with the prohibition notice, and

• (b) to bring the prohibition notice to the attention of any person who may be affected by it, or to the public generally.

• (4) A prohibition notice shall take effect—

• (a) where the prohibition notice so states, upon its receipt by the person on whom it is served, or

• (b) in any other case, on the later of—

• (i) the day specified in the prohibition notice as the day on which it is to come into effect, or

• (ii) the day following the day on which the period within which an appeal may be made under subsection (6) ends.

• (5)
• (a) In the event of non-compliance with a prohibition notice by the person on whom the notice has been served, an authorised officer shall take whatever steps he or she considers necessary to ensure compliance with the notice.

• (b) The steps that may be taken under paragraph (a) may include the withdrawal, recall, seizure and destruction of the relevant AI products in question or the making of any arrangements for such withdrawal, recall, seizure and destruction.

• (6)
• (a) A person on whom a prohibition notice is served may, not later than 7 working days from the day on which the prohibition notice is served, appeal against the notice (and a person who so appeals is referred to in this section as an “appellant”) to a judge of the District Court in the District Court district in which the person ordinarily resides or carries on business and in determining the appeal the judge may—

• (i) if satisfied that in the circumstances of the case it is reasonable to do so, confirm the prohibition notice, with or without modification, or

• (ii) cancel the prohibition notice.

• (b) Where a prohibition notice is confirmed under paragraph (a)(i), the judge of the District Court by whom the appeal is heard may, on the application of the appellant in accordance with subsection (7), suspend the operation of the prohibition notice for such period as in the circumstances of the case the judge considers appropriate.

• (7) The bringing of an appeal under subsection (6) against a prohibition notice shall not have the effect of suspending the operation of the prohibition notice, but the appellant may apply to the District Court to have the operation of the prohibition notice suspended until the appeal is disposed of and, on such application, the District Court may, if it thinks it proper to do so, direct that the operation of the prohibition notice be suspended until the appeal is disposed of.

• (8) A person who appeals against a prohibition notice under subsection (6) or who applies for a suspension of the application of the prohibition notice under subsection (7) shall at the same time notify the relevant market surveillance authority in relation to which the authorised officer stands appointed of the appeal or the application and the grounds for the appeal or the application and the relevant market surveillance authority concerned shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.

• (9) An authorised officer may by notice in writing to the person on whom the prohibition notice was served—

• (a) where he or she is satisfied that subsection (1)(a) or (b), as the case may be, no longer applies, revoke a prohibition notice, or

• (b) for stated reasons, vary a prohibition notice.

• (10)
• (a) Where any action by a person in respect of whom a prohibition notice is served is taken in contravention of a prohibition notice, the High Court may, on the application to it by the relevant market surveillance authority in relation to which the authorised officer concerned stands appointed, by order prohibit such action.

• (b) An application to the High Court for an order under this subsection shall be made by motion on notice to the person on whom the prohibition notice was served and the court, when considering the matter, may make such interim or interlocutory order (if any) as it considers appropriate and an order under paragraph (a) may contain such order (if any) as to the payment of costs as the court considers appropriate.

• (11) The costs of destruction, disposal or detention under subsection (2)(c)(iv) or (v) or of withdrawal, recall, seizure or destruction under subsection (5) may be charged to the person on whom the prohibition notice has been served or, where known and appropriate, an operator of the relevant AI product the subject of the prohibition notice.

• (12) A person who, without reasonable excuse, fails or refuses to comply with a prohibition notice within the period specified in the notice shall be guilty of an offence.

73. Seizure and disposal of unsafe relevant AI products

73. (1) Notwithstanding sections 71 and 72, where a relevant AI product appears to an authorised officer to present a risk, including a risk to health, safety or fundamental rights, the authorised officer may direct that the product be seized and, subject to subsection (2), destroyed or otherwise disposed of by the authorised officer in such manner and at such time and place as the authorised officer may direct, and the costs of seizure, destruction and disposal may be charged to the operator of the relevant AI product or to the person to whom the direction is given.

• (2) A direction to destroy or otherwise dispose of a relevant AI product under subsection (1) shall not take effect until—

• (a) where the period for bringing an appeal under section 77 in relation to that direction has expired and no appeal has been made, the expiration of that period, or

• (b) where an appeal is made under section 77 in relation to that direction, the determination of the appeal or such other time as the appropriate court (within the meaning of that section) may determine.

• (3) In this section, “disposed of” includes any manner of disposal which in the opinion of the authorised officer will least endanger the public, and includes—

• (a) the surrender of the relevant AI product to a member of An Garda Síochána, or to any other competent authority or organisation for its destruction, or

• (b) the certified return of the relevant AI product to the operator who manufactured, designed, developed, deployed, imported, distributed or supplied the relevant AI product, in order to withdraw or recall it, at the expense of the operator, manager or person having lawful possession of the relevant AI product at the time of seizure, where known.

• (4) An authorised officer, when taking a measure referred to in subsection (1), shall notify the person to whom the direction was given in writing, setting out—

• (a) the reasons for the measure, and

• (b) the right of appeal under section 77.

74. Forfeiture order

74. (1) An authorised officer may apply to the District Court for an order (in this Act referred to as a “forfeiture order”) for the forfeiture to the relevant market surveillance authority in relation to which the authorised officer stands appointed of a relevant AI product on the grounds that the relevant AI product, when properly stored and used for its intended purpose, endangers the health and safety of persons.

• (2) An application under this section shall be made to a judge of the District Court in whose District Court district the person against whom the forfeiture order is sought ordinarily resides or carries on business.

• (3) A forfeiture order may contain such provision as appears to the District Court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal.

• (4) Subject to subsection (3), a relevant AI product the subject of a forfeiture order may be seized by the relevant market surveillance authority concerned.

• (5) Subject to subsections (3) and (6), where a relevant AI product is forfeited under a forfeiture order, it shall be disposed of or destroyed in accordance with such directions as the District Court may give.

• (6) On making a forfeiture order the District Court may, if it considers it appropriate to do so, direct that the relevant AI product to which the order relates shall, instead of being destroyed, be released to such person and on such conditions as the court may specify.

• (7) A person aggrieved by the making of a forfeiture order or by a decision of the District Court not to make such an order, may appeal against that order or decision to the Circuit Court.

• (8) An appeal under subsection (7) shall be made to a judge of the Circuit Court circuit in which the appellant ordinarily resides or carries on business.

• (9) On the hearing of an appeal brought under subsection (7), the Circuit Court may either confirm or vary the order or decision, or allow the appeal.

• (10) A decision of the Circuit Court under subsection (9) shall be final save that, by leave of the court, an appeal from the decision shall lie to the High Court on a specified point of law.

75. Notice for removal of content to eliminate serious risk

75. (1) Where an authorised officer considers that there are no other effective means to eliminate a serious risk, an authorised officer may issue a notice (in this Act referred to as a “notice for removal of content to eliminate serious risk”) to the operator of a relevant AI product to eliminate the serious risk, which notice may require within the period specified in the notice:

• (a) the removal of content referring to the relevant AI products related to the serious risk from an online interface;

• (b) the explicit display of a warning to end users when they access an online interface;

• (c) where a requirement under paragraph (a) or (b) has not been complied with, the restriction of access by information society service providers to the online interface, including by requesting a relevant third party to implement such measures.

• (2) A person who has been issued a notice for removal of content to eliminate serious risk shall comply with the notice within the period specified in the notice.

• (3) A notice for removal of content to eliminate serious risk shall include information on the right to appeal under section 77.

• (4) A person who, without reasonable excuse, fails to comply with a notice for removal of content to eliminate serious risk within the period specified in the notice shall be guilty of an offence.

• (5) A word or expression that is used in this section and is also used in the Market Surveillance Regulation has, unless the context otherwise requires, the same meaning in this section as it has in the Market Surveillance Regulation.

76. Powers of authorised officers to provide necessary assistance to European Commission for purpose of Article 74(11)

76. (1) Where a relevant market surveillance authority is requested by the European Commission to propose or take part in joint activities or joint investigations in accordance with Article 74(11), the authority may assign such authorised officers as it considers necessary to assist in such activities or investigations.

• (2) For the purpose of assisting the European Commission and a Member State market surveillance authority with a joint activity or investigation conducted by the European Commission or Member State market surveillance authorities, as the case may be, in accordance with Article 74(11), an authorised officer may, on production of a warrant issued under subsection (3), enter premises using reasonable force where necessary, and provide any other necessary assistance to enable the officials and other accompanying persons authorised by the European Commission or Member State market surveillance authorities to conduct the inspection in accordance with Article 74(11).

• (3) Where an authorised officer provides information on oath or affirmation to a judge of the District Court for the purpose of a warrant being issued in relation to an inspection referred to in subsection (2)—

• (a) the information on oath or affirmation so provided shall include—

• (i) a statement to the effect that the information on oath or affirmation is being provided in relation to an inspection referred to in subsection (2), and

• (ii) sufficient information to allow the judge of the District Court to consider a matter under this section,

• (b) before issuing the warrant, the judge of the District Court shall have regard to the matters under Article 74(11), and

• (c) the judge of the District Court shall, where he or she is satisfied as regards the matters referred to in Article 74(11), issue a warrant authorising an authorised officer (accompanied by such other authorised officers or members of An Garda Síochána or both) at any time or times not later than one month from the date of issue of the warrant, on production if so requested of the warrant, to enter the premises using reasonable force where necessary, and provide any other necessary assistance to enable the officials and other accompanying persons authorised by the European Commission or Member State market surveillance authorities to conduct their inspection in accordance with Article 74(11).

• (4) An application under this section shall be made to a judge of the District Court in the District Court district within which the operator or other relevant person the subject of the investigation ordinarily resides or carries on business.

77. Right of appeal against certain measures

77. (1) A person aggrieved by a direction or measure taken under section 73 or a notice for removal of content to eliminate serious risk under section 75 may appeal to the appropriate court against the direction, measure or notice concerned.

• (2) An appeal under this section shall be made to the appropriate court not later than 14 working days from the date of the notification under section 73(4) or 75(1), as the case may be.

• (3) Notice of an appeal under this section shall be provided to the relevant market surveillance authority concerned at the same time as the appeal is made.

• (4) The bringing of an appeal under subsection (1) against a direction, measure or notice shall not have the effect of suspending the operation of the direction, measure or notice concerned, but the appellant may apply to the appropriate court to have the operation of the direction, measure or notice concerned suspended until the appeal is disposed of and, on such application, the appropriate court may, if it thinks it proper to do so, direct that the operation of the direction, measure or notice concerned be suspended until the appeal is disposed of.

• (5) On the hearing of an appeal under this section, the appropriate court may either confirm or vary the direction, measure or notice concerned or allow the appeal and make any other such order as it considers appropriate.

• (6) In this section, “appropriate court” means—

• (a) in the case of an appeal relating to a direction or measure under section 73—

• (i) where the estimated value of the relevant AI product or products concerned do not exceed such sum as stands specified by an enactment to be the limit of the jurisdiction of the District Court for actions in tort, the District Court,

• (ii) where the estimated value of the relevant AI product or products concerned do not exceed such sum as stands specified by an enactment to be the limit of the jurisdiction of the Circuit Court for actions in tort (other than personal injuries), the Circuit Court, and

• (iii) in any other case, the High Court,

and

• (b) in the case of an appeal relating to a notice for removal of content to eliminate serious risk, the High Court.

PART 6 Adjudication and Administrative Fines

Chapter 1 Preliminary and general

78. Definitions (Part 6)

78. In this Part—

“adjudication” has the meaning given to it in section 102(1)(a);

“adjudication proceedings” means any process, including an oral hearing, by which an adjudicator considers a matter referred to an adjudicator;

“adjudication subject” has the meaning given to it in section 84(1);

“applicable market surveillance authority” means each of the following relevant market surveillance authorities:

• (a) Coimisiún na Meán;

• (b) the Commission for Railway Regulation;

• (c) the Commission for Communications Regulation;

• (d) the Commission for Regulation of Utilities;

• (e) the Data Protection Commission;

• (f) the Health and Safety Authority;

• (g) the Health Products Regulatory Authority;

• (h) the Health Service Executive;

• (i) the Marine Survey Office of the Department of Transport;

• (j) the National Transport Authority;

• (k) the Workplace Relations Commission;

“investigation” has the meaning given to it in Part 5;

“notice of suspected non-compliance” has the meaning given to it in section 79;

“notified person” means a person on whom a notice of suspected non-compliance is served;

“oral hearing” shall be construed in accordance with section 91;

“parties concerned”, in relation to adjudication proceedings, means the adjudication subject and the applicable market surveillance authority that consents, under section 83(1), to referring the matter to the adjudicator.

Chapter 2 Procedure preliminary to referral for adjudication

79. Notice of suspected non-compliance

79. (1) Where an authorised officer reasonably suspects that a person has infringed a provision of the Artificial Intelligence Regulation referred to in paragraph (3) or (4) of Article 99 or has committed an infringement referred to in paragraph (5) of that Article, the authorised officer may serve a notice (in this Part referred to as a “notice of suspected non-compliance”) on the person which shall—

• (a) inform the person of the suspected infringement,

• (b) set out the grounds on which the authorised officer suspects that there has been an infringement,

• (c) set out the information relied upon by the authorised officer in forming that suspicion, subject to such redactions or exclusions as the authorised officer considers appropriate, and

• (d) inform the person of the right to make submissions in accordance with subsection (2), and specify the period within which they may do so.

• (2) A notified person may make submissions to the authorised officer on any matter referred to in the notice of suspected non-compliance within—

• (a) such period as is specified in the notice, or

• (b) such longer period as the authorised officer considers appropriate, which period shall be specified in a further notice served on the notified person before the expiry of the period specified in the notice referred to in paragraph (a).

80. Matters supplemental to a notice of suspected non-compliance

80. (1) Where an authorised officer—

• (a) has served a notice of suspected non-compliance on a person, and

• (b) considers that it is necessary to do so—

• (i) in light of new information or material relating to the infringement referred to in the notice of suspected non-compliance, or

• (ii) for any other reason materially affecting the notice of suspected non-compliance,

the authorised officer may serve a supplemental notice on the notified person setting out the authorised officer’s view on the information, material or reasons, as the case may be, and shall inform the person that they may make submissions in accordance with subsection (2), and the period within which they may do so.

• (2) A notified person may make submissions to the authorised officer on any matter referred to in the notice served under subsection (1) within—

• (a) such period as is specified in the notice, or

• (b) such longer period as the authorised officer considers appropriate, which period shall be specified in a notice served on the notified person before the expiry of the period specified in the notice of suspected non-compliance.

• (3) Where an authorised officer—

• (a) has served a notice of suspected non-compliance on a person, and

• (b) no longer suspects the person of infringing the Artificial Intelligence Regulation,

the authorised officer shall serve a notice on the person informing the person of that fact, and the notice of suspected non-compliance shall have no effect from the date the notice under this subsection is served.

81. Publication of notice

81. (1) An applicable market surveillance authority may publish a notice of suspected non-compliance, and any notice referred to in section 80, on a website maintained by or on behalf of the market surveillance authority subject to such exclusions or redactions as it considers appropriate.

• (2) An applicable market surveillance authority shall not publish personal data under this section.

82. Actions by authorised officer following investigation

82. Where an authorised officer, having carried out an investigation, served a notice of suspected non-compliance on a person and considered any submissions received under section 79(2) and section 80(2), considers that a person has infringed a provision of the Artificial Intelligence Regulation referred to in paragraph (3) or (4) of Article 99 or has committed an infringement referred to in paragraph (5) of that Article, the authorised officer—

• (a) shall inform the applicable market surveillance authority of that fact, and

• (b) may refer the matter for adjudication in accordance with section 83.

83. Referral of matters for adjudication

83. (1) An authorised officer may, with the consent of the applicable market surveillance authority, by notice in writing to the Office, refer a matter for adjudication in accordance with this section.

• (2) The Office shall, as soon as practicable after receiving a notice under subsection (1)—

• (a) assign an adjudicator in accordance with Schedule 2 to whom the matter will be referred, and

• (b) notify in writing the authorised officer referred to in subsection (1) and the applicable market surveillance authority of the adjudicator so assigned and the means by which the adjudicator may be contacted.

• (3) The adjudicator referred to in subsection (2) shall—

• (a) from the date on which the notice in paragraph (b) of that subsection is served, perform the functions of an adjudicator in relation to the matter, and

• (b) enter into a contract relating to that matter with the applicable market surveillance authority in accordance with section 119 and with any regulations made under that section.

84. Information and documentation to be provided when making referral

84. (1) As soon as practicable after receiving a notice under section 83(2)(b), the applicable market surveillance authority shall provide the adjudicator and the person referred to in section 82 who is suspected of an infringement (in this Part referred to as the “adjudication subject”) with—

• (a) a description of the facts of the matter,

• (b) details of the suspected infringement of a provision of the Artificial Intelligence Regulation referred to in paragraph (3) or (4) of Article 99, or referred to in paragraph (5) of that Article, including information and documentation relied upon by the authorised officer,

• (c) a copy of the notice of suspected non-compliance served on the adjudication subject in relation to the matter,

• (d) a copy of a contravention notice (if any) served on the adjudication subject in relation to the matter,

• (e) a copy of a prohibition notice (if any) served on the adjudication subject in relation to the matter,

• (f) a copy of a forfeiture order (if any) made in relation to the adjudication subject in relation to the matter,

• (g) a copy of a notice for removal of content to eliminate serious risk (if any) served on the adjudication subject in relation to the matter,

• (h) a copy of a notice (if any) served on the adjudication subject under section 80,

• (i) a summary of submissions (if any) made by the adjudication subject to the authorised officer during the investigation, including under section 79(2) and section 80(2),

• (j) the authorised officer’s view on the extent to which the adjudication subject co-operated with the investigation, and

• (k) any other information the market surveillance authority considers relevant to the matter.

• (2) When providing information or documentation under this section to the adjudication subject, the applicable market surveillance authority may provide the information subject to such exclusions or redactions as it considers necessary to protect the rights of any person or to avoid providing information that the applicable market surveillance authority considers to be commercially sensitive.

85. Withdrawal of matter referred to adjudicator

85. (1) A matter referred to an adjudicator may be withdrawn by the applicable market surveillance authority by notice in writing to the adjudicator at any time before the adjudicator makes a finding under section 99.

• (2) Where a matter is withdrawn under this section, the adjudicator shall—

• (a) notify the adjudication subject of the withdrawal, and

• (b) take no further action in relation to the matter.

86. Power of applicable market surveillance authority to share certain documents

86. (1) An applicable market surveillance authority may provide a copy of any notice or document referred to in section 79, 80 or 84 to such person as the market surveillance authority considers appropriate.

• (2) The applicable market surveillance authority may provide copies under subsection (1) subject to such exclusions or redactions as it considers appropriate.

Chapter 3 Role and powers of adjudicator following referral

87. Role and powers of adjudicator

87. An adjudicator shall, in a manner that is independent of the parties concerned and of any other person—

• (a) resolve any issue of fact relevant to a matter referred to the adjudicator under section 83, and

• (b) exercise the powers of an adjudicator under this Act in order to satisfy himself or herself as to any other matter he or she considers necessary in order to make a finding under section 99.

88. Notification by adjudicator following referral

88. As soon as practicable after a referral is made to an adjudicator under section 83, the adjudicator shall serve a notice on the adjudication subject stating that the adjudication subject may make written submissions to the adjudicator on any matter referred to in section 84(1) within—

• (a) the period of 30 working days beginning on the date of service of the notice, or

• (b) such longer period as the adjudicator considers appropriate, which period shall be specified in a notice served on the adjudication subject before the expiry of the period specified in the original notice.

89. Power of direction

89. (1) For the purposes of adjudication proceedings, an adjudicator may, on application by a party concerned or of the adjudicator’s own motion, direct a party concerned, within such period as the adjudicator may specify, to—

• (a) answer a question, on oath or affirmation or otherwise,

• (b) provide material or information or produce records in its power or control,

• (c) clarify an issue of fact, or

• (d) provide further information.

• (2) Where a person fails to comply with a direction under subsection (1) within the period specified in the direction, the High Court, on summary application by—

• (a) a party concerned on notice to the person and to the adjudicator, or

• (b) the adjudicator on notice to the person and to the parties concerned,

may by order require that person to comply with the direction within such period as it may specify, and may make such other orders as it considers appropriate.

• (3) A person shall be guilty of an offence if the person—

• (a) fails to comply with a direction under this section, or

• (b) having been, or in anticipation of being, directed to provide material or information or produce records under subsection (1)(b), intentionally or recklessly destroys or otherwise disposes of, falsifies or conceals such evidence or records.

• (4) In this section, “record” means any memorandum, book, report, statement, register, plan, chart, map, drawing, specification, diagram, program, algorithm, data, code, software, formula, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form (including machine-readable form) or thing in which data (such as engineering data or personal data) or information is held or stored manually, mechanically, digitally or electronically and anything that is a part or a copy in any form, of any of, or any combination of, the foregoing, whether claimed as confidential or not.

90. Request for information

90. (1) For the purposes of adjudication proceedings, an adjudicator may, where the adjudicator considers it necessary, request information relevant to the matter referred to the adjudicator from any person other than a party concerned within such period as the adjudicator may specify.

• (2) As soon as practicable after receiving information in response to a request under subsection (1), the adjudicator shall—

• (a) provide the parties concerned with a copy of the information subject to such exclusions or redactions as the adjudicator considers appropriate, and

• (b) allow the parties concerned to make submissions on the information within such period as the adjudicator may specify.

91. Oral hearing

91. (1) Where an adjudicator, having given a direction under section 89, is satisfied that there is a dispute of fact that cannot be resolved without an oral hearing, the adjudicator may hold an oral hearing.

• (2) Schedule 1 shall have effect for the purposes of an oral hearing.

92. Reference on question of law to High Court

92. (1) An adjudicator may, on his or her own initiative or at the request of a party concerned, refer any question of law to the High Court.