HEALTH SERVICES ACT 1997 - SECT 125 Powers of entry and inspection

HEALTH SERVICES ACT 1997 - SECT 125

125 Powers of entry and inspection

(cf PH Act s 11(6))

(1) Power of entry An authorised officer may enter premises of any public health organisation (including any public hospital controlled by that organisation) or of an organisation or institution referred to in section 123(1) for the purpose of exercising any function conferred or imposed on the Health Secretary by this Act.

(2) Powers following entry An authorised officer who has entered any premises under this section may do any one or more of the following--

(a) inspect those premises,

(b) make such examination and inquiry as the officer thinks necessary to assist the Health Secretary in the performance of the Health Secretary's functions under this Act,

(c) make copies of, or take extracts or notes from, any accounts, records (including clinical records), books, documents or other things, of a public health organisation or organisation or institution referred to in section 123(1),

(d) for the purpose of further examination, take possession of, and remove, any of those accounts, records, books, documents or other things,

(e) require the owner or occupier of the premises to provide the officer with such assistance and facilities as is or are reasonably necessary to enable the officer to exercise functions under this section,

(f) require any person in or about the premises to answer questions or otherwise furnish information,

(g) require any person to produce any accounts, records (including clinical records), books, documents or other things in the possession or under the control of the person that relate to, or that the officer believes on reasonable grounds relate to, the operation or administration of a public health organisation.

(3) Liability for damage to premises of certain organisations and institutions If damage is caused by the exercise of functions conferred by this section to premises of an organisation or institution referred to in section 123(1), the Minister is to pay reasonable compensation for the damage unless the exercise of the functions was obstructed by the occupier of the premises.