Miscellaneous
Power to inspect records and premises12
1
An inspector duly authorised in writing by the Department may (subject to paragraphs (3) and (4)) require the production of, and inspect and take copies of, any records which a person is required to retain by virtue of Article 5(5) or 7(6).
2
Where—
a
an inspector has reasonable cause to believe that an offence under Article 13(1)(a) or (2) or against regulations under Article 10 (as mentioned in Article 13(4)) has been or is being committed on any premises, and
b
he is duly authorised in writing by the Department to enter and inspect the premises with a view to ascertaining whether the offence has been or is being committed,
he may (subject to paragraphs (3) to (5)) enter and inspect the premises for that purpose.
3
An inspector who proposes to require the production of records or enter premises in exercise of a power under this Article shall, if so required, produce evidence of his authority before making the requirement or entering.
4
A power under this Article may only be exercised at a reasonable time.
5
The power to enter premises under paragraph (2) may only be exercised if a licence under Article 5(1) is effective in respect of the premises both at the time of the suspected offence and at the time of the entry.
6
Information (including information in records) obtained by any person in pursuance of this Article shall not be disclosed except—
a
with the written consent of the person by whom the information was provided, or
b
to any Northern Ireland department, or
c
in the form of a summary of similar information obtained from a number of persons, where the summary is so framed as not to enable particulars relating to any one person or undertaking to be ascertained from it, or
d
with a view to the institution of, or otherwise for the purposes of, any criminal proceedings, or
e
for the purposes of a report of any criminal proceedings.
7
In this Article “inspector” means a person appointed under Article 11.