124Authorised officers

124 Authorised officers

124 Authorised officers

(cf PH Act s 11(4) and (5))

(1) Appointment of authorised officers The Health Secretary may appoint any person, or class of persons, as an authorised officer or authorised officers to exercise the functions conferred by section 125.

(2) Issue of certificates of authority The Health Secretary is to provide an authorised officer with a certificate of authority that—

(a) states that it is issued under this Act, and

(b) gives the name of the person to whom it is issued, and

(c) describes the nature of the functions conferred and the source of those functions, and

(d) states the date (if any) on which it expires, and

(e) describes the kind of premises to which the functions extend, and

(f) bears the signature of the Health Secretary or an officer approved by the Health Secretary for the purposes of this paragraph.

(3) Precondition for exercise of functions generally An authorised officer must not exercise the functions conferred by section 125 unless the officer is in possession of a certificate of authority issued by the Health Secretary.

(4) Preconditions for exercise of functions in relation to certain non-government health organisations In addition to the requirement in subsection (3), an authorised officer must not exercise the functions conferred by section 125 in relation to the premises of an organisation or institution referred to in section 123(1) unless the officer—

(a) gives reasonable notice to the occupier or owner of the premises of the intention to exercise the function, unless the giving of notice would defeat the purpose for which it is intended to exercise the function, and

(b) exercises the function at a reasonable hour of the day, except where it is being exercised in an emergency, and

(c) uses no more force than is reasonably necessary, and

(d) in relation to premises used for residential purposes—has obtained the consent of the owner or occupier of the premises.

(5) Production of certificate of authority In the course of carrying out an inspection under this Act, an authorised officer must, if requested by any person to do so, produce the officer’s certificate of authority.