Power to require entry of premises for testing of equipment or material12
1
Subject to paragraph (8) below, the Tribunal may, for the purpose of determining an appeal, make an order requiring the occupier of any premises (“the occupier”) to permit the Tribunal to enter those premises at a specified time and inspect, examine, operate or test any equipment on those premises used or intended to be used in connection with the processing of personal data, and to inspect, examine or test any documents or other material on those premises connected with the processing of personal data.
2
An order under paragraph (1) above shall also require the occupier to permit the Tribunal to be accompanied by—
a
the parties, and
b
such number of the officers or members of staff provided to the Tribunal under paragraph 14 of Schedule 5 to the Act as it considers necessary.
3
The Tribunal shall serve a copy of the order on the occupier and the parties.
4
The time specified in the order shall not be earlier than 7 days after the date of service of the copy.
5
The Tribunal may upon the application of the occupier set the order aside.
6
Subject to paragraph (4) above, the Tribunal may upon the application of any person mentioned in paragraph (3) above alter the time specified in the order without being obliged to serve further copies under that paragraph, but shall notify the other persons so mentioned of the revised time.
7
This rule also applies where the occupier is a party to the appeal.
8
Documents or other material which the appellant could not be compelled to produce on the trial of an action in that part of the United Kingdom where the appeal is to be determined shall be immune from inspection, examination or testing under this rule.