Power to require production of documentsE+W
39.—(1) An authorised officer of an enforcement authority may require a person who appears to him to be or to have been subject to any of the duties under regulation 5, 9(2), 10, 16(2), 21(1), or 23 to produce for inspection a copy of—
(a)a valid energy performance certificate and recommendation report;
(b)an advisory report; and
(c)an inspection report.
[F1(1A) An authorised officer of an enforcement authority may require a person who appears to him to have been subject to the duty under regulation 5A(3) to produce for inspection a copy of any request made in accordance with regulation 5A(5)(d).]
(2) [F2The powers conferred by paragraphs (1) and (1A) include] power to take copies of any document produced for inspection.
(3) A requirement under this regulation may not be imposed more than six months after the last day on which the person concerned was subject to such a duty in relation to the building.
(4) It is the duty of a person subject to such a requirement to comply with it within the period of seven days beginning with the day after that on which it is imposed.
(5) A person is not required to comply with such a requirement if he has a reasonable excuse for not complying with the requirement.
Textual Amendments
F1Reg. 39(1A) inserted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2452), regs. 1(2), 3(9)(a)
F2Words in reg. 39(2) substituted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2452), regs. 1(2), 3(9)(b)
Commencement Information