PART 12Monitoring compliance

Compliance notices86

1

The administrator may request a person to provide it with such information as it believes it requires in relation to monitoring compliance with Parts 2 to 11 of this Order.

2

The administrator must request the information referred to in paragraph (1) by a written notice (“a compliance notice”) served on the person to whom it is addressed.

3

A compliance notice may be in such form as the administrator sees fit but must state the date by which compliance with the notice is required.

4

A compliance notice may be varied or revoked in writing by the administrator at any time.

5

Where a person—

a

fails to comply with a compliance notice; or

b

in the opinion of the administrator, supplies incomplete or inaccurate information,

the administrator may instead determine29 the information requested.

Inspections87

1

Subject to the following paragraphs, the administrator may inspect any premises and any thing in or on those premises in order to monitor compliance with Parts 2 to 11 of this Order.

2

Reasonable prior notice must be given before exercising the power of inspection.

3

A person in control of the premises to which the administrator requires access must allow the administrator to have access to those premises.

4

A person acting on behalf of the administrator may, when inspecting premises,—

a

require the production of any record;

b

take measurements, photographs, recordings or copies of any thing;

c

require any person at the premises to provide facilities and assistance to the extent that is within that person’s control.

5

An administrator may delegate another body which is an administrator to exercise the power of inspection on its behalf.

6

The power of inspection does not apply to—

a

a prohibited place for the purposes of the Official Secrets Act 191130; or

b

any other premises to which the Crown restricts access on the grounds of national security,

except to the extent agreed by the person in control of such place or premises.