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Power to require electronic access to informationE+W

5.—(1) Subject to paragraph (2), where it appears to a billing authority—

(a)that a person falling within regulation 4(3) keeps any electronic records;

(b)that the records contain or are likely, from time to time, to contain information about any matter that is relevant to the purpose mentioned in regulation 3(6); and

(c)that facilities exist under which electronic access to those records is being provided, or is capable of being provided, by that person to other persons,

the authority may require that person to enter into arrangements under which an authorised officer is allowed such access to those records.

(2) An authorised officer shall not seek to obtain any information in accordance with arrangements entered into under paragraph (1) other than information which—

(a)relates to a particular person; and

(b)could be the subject of any such requirement as may be imposed under regulation 4.

(3) The matters that may be included in the arrangements that a person is required to enter into under paragraph (1) may include—

(a)requirements as to the electronic access to records that is to be made available to an authorised officer;

(b)requirements as to the keeping of records of the use that is made of the arrangements;

(c)requirements restricting the disclosure of information about the use that is made of the arrangements; and

(d)such other incidental requirements as the authority in question considers appropriate in connection with allowing access to records to an authorised officer.

(4) An authorised officer who is allowed access in accordance with any arrangements entered into under paragraph (1) shall be entitled to make copies of, and to take extracts from, any records containing information which he or she is entitled to make the subject of a requirement such as is mentioned in paragraph (2).