OpenLegislation

Regulation 6 Investigations

(1)

Where an appliance supplied by the Secretary of State or an Authority requires replacement or repair and the Secretary of State or the Authority as the case may require, has reason to believe that such replacement or repair is occasioned by an act or omission on the part of the person supplied or (if it occurred when he was under 16 years of age) of his or of the person having charge of him when it occurred, then—

(a)

in relation to an appliance supplied by the Secretary of State, he may recover from the person supplied or from a person on his behalf, the cost of the repair or replacement, or any part thereof, after making such enquiries as seem to him to be necessary;

(b)

in relation to an appliance supplied by an Authority, the Authority may refer the matter for consideration in accordance with the provisions of paragraph (3).

(2)

Where any such appliance supplied otherwise than by an Authority by virtue of arrangements made by an Authority for the provision of such appliances, requires to be replaced or repaired the Authority may on a report by the person or authority supplying the appliance refer the matter for investigation in accordance with the provisions of paragraph (3).

(3)

Where an Authority refers a matter for investigation under either of the preceding paragraphs, it shall appoint a committee consisting of not less than three persons to consider the matter and to determine whether the whole or any part of the cost of the replacement or repair of the appliance resulting from any such act or omission as aforesaid should be borne by or on behalf of the person supplied.

(4)

The committee shall on completion of their inquiry report accordingly to the Authority who may take such further action thereon as it thinks fit.

(5)

If in the opinion of the committee the circumstances so require or if the person concerned so demands any inquiry by the committee shall take the form of an oral hearing.