Regulation 244 Powers to require information and documents

(1)

An inspector may require any person whom the inspector has reasonable cause to believe is able to give any information relevant to any inspection or examination under regulation 241(4)—

(a)

to answer any question that the inspector thinks fit, and

(b)

to sign a declaration of the truth of the person’s answers.

(2)

An inspector may—

(a)

require any relevant documents to be produced, and

(b)

inspect and take copies of, or of any information in, any relevant documents.

(3)

For this purpose—

(a)

“document” includes information recorded in any form;

(b)

“relevant document” means a record or other document which—

(i)

is required to be kept by virtue of these Regulations, or

(ii)

the inspector needs to see for the purposes of any inspection, examination or test under regulation 241(4).

(4)

In the case of a relevant document that consists of information held otherwise than in legible form, including information held in electronic form, the inspector may—

(a)

require it to be produced—

(i)

in a legible form, or

(ii)

in a form from which it can readily be produced in a legible form, and

(b)

require access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with the relevant document.

(5)

An inspector may take possession of any document or record which the inspector has power to demand and retain it for as long as necessary to comply with the purposes in section 26(2).

(6)

Where an inspector has reason to believe that any document or record which the inspector has power to demand is held on electrical or electronic equipment, the inspector—

(a)

may take possession of that equipment and retain it for as long as necessary to comply with the purposes in section 26(2);

(b)

may take all reasonable steps to gain access to the document or record held on the electrical or electronic equipment.