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PART 12Monitoring compliance

Compliance notices

86.—(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 determine(1) the information requested.

Inspections

87.—(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 1911(2); 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.

(1)

Such a determination must be made in accordance with article 74(2).