OpenLegislation

Regulation 9 Entry and inspection

Original text. Later amendments are not shown.

(1)

An authorised person, at all reasonable times and on production of his authority on demand, may enter upon any land to which an approved operation relates or on which documents relating to an approved operation are retained, other than land which is used solely for the purposes of a dwelling, for the purpose of—

(a)

verifying the accuracy of any information contained in an application under regulation 4 or a claim under regulation 7, or any other information provided by the beneficiary relating to the operation;

(b)

ascertaining whether any financial assistance is payable or recoverable or the amount of such financial assistance that is payable or recoverable;

(c)

ascertaining whether an offence under these Regulations has been or is being committed.

(2)

An authorised person who has entered any land by virtue of this regulation may inspect the land and any document, record or equipment thereon which that person reasonably believes relates to the operation.

(3)

An authorised person who has entered any land by virtue of this regulation may—

(a)

require the beneficiary, or any employee, servant or agent of the beneficiary, to produce any document or supply any additional information in that person’s possession or under his control relating to the operation;

(b)

where any document or record relating to the operation is kept by means of computer, have access to and inspect any computer and any associated apparatus or material which is or has been used in connection with that document or record;

(c)

require that copies of, or extracts from any document or record relating to the operation be produced;

(d)

remove and retain for a reasonable period any document or record relating to the operation which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away and in which it is visible and legible.

(4)

A beneficiary or any employee, servant or agent of a beneficiary shall render all reasonable assistance to an authorised person in relation to the matters mentioned in paragraphs (1), (2) and (3).

(5)

An authorised person entering any land by virtue of this regulation may take with him such other persons as he considers necessary and paragraphs (2), (3) and (4) shall apply to such persons, when acting under the instructions of an authorised person, as if they were an authorised person.

(6)

An authorised person shall not be liable in any proceedings for anything done in purported exercise of the powers conferred on him by virtue of this regulation if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.

(7)

In this regulation, unless the context otherwise requires, “the operation” means the approved operation in relation to which entry onto land has been sought pursuant to paragraph (1).