OpenLegislation

Article 16 Access to the fileX1

United Kingdom

Original text. Later amendments are not shown.

1.

At the request of the recognised organisation to which a statement of objections has been addressed, the F1Secretary of State shall grant access to the file containing documents and other evidence compiled by the Secretary of State on the alleged infringement.

2.

The Secretary of State shall set the date and make the relevant practical arrangements for the recognised organisation's access to the file, which may be granted in electronic form only.

3.

The Secretary of State shall make available to the recognised organisation concerned, upon request, a list of all the documents contained in the file.

4.

The recognised organisation concerned shall have the right to access the documents and information contained in the file. When granting such access, the Secretary of State shall have due regard to business secrets, confidential information or the internal character of documents issued by the Secretary of StateF2....

5.

F3For the purposes of paragraph 4, internal documents of the Secretary of State may include documents or parts of documents pertaining to the internal deliberations of the Secretary of State.

Annotations

Textual amendments

F1

Words in Art. 16 substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 4(16)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 16(4) omitted (31.12.2020) by virtue of The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 4(16)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3

Art. 16(5) substituted (31.12.2020) by The Merchant Shipping (Recognised Organisations) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/270), regs. 1(2), 4(16)(c); 2020 c. 1, Sch. 5 para. 1(1)

Editorial notes

X1

Substituted by Corrigendum to Commission Regulation (EU) No 788/2014 of 18 July 2014 laying down detailed rules for the imposition of fines and periodic penalty payments and the withdrawal of recognition of ship inspection and survey organisations pursuant to Articles 6 and 7 of Regulation (EC) No 391/2009 of the European Parliament and of the Council (Official Journal of the European Union L 214 of 19 July 2014).