TITLE VCONTROL SYSTEMS AND PENALTIES

CHAPTER IIIScrutiny of transactions

Article 82Access to commercial documents

1.

The persons responsible for the undertaking, or a third party, shall ensure that all commercial documents and additional information are supplied to the officials responsible for the scrutiny or to the persons authorised to carry it out on their behalf. Electronically stored data shall be provided on an appropriate data support medium.

2.

The officials responsible for the scrutiny or the persons authorised to carry it out on their behalf may require that extracts or copies of the documents referred to in paragraph 1 be supplied to them.

3.

Where, during scrutiny carried out pursuant to this Chapter, the commercial documents maintained by the undertaking are considered inadequate for scrutiny purposes, the undertaking shall be directed to maintain in future such records as are required by the F1relevant authority responsible for the scrutiny, without prejudice to obligations laid down in other Regulations relating to the sector concerned.

F2The relevant authority shall determine the date from which such records are to be established.

Where some or all of the commercial documents required to be scrutinised pursuant to this Chapter are located with an undertaking in the same commercial group, partnership or association of undertakings managed on a unified basis as the undertaking scrutinised, whether located inside or outside the F3United Kingdom, the undertaking shall make those commercial documents available to officials responsible for the scrutiny, at a place and time to be determined by the F4relevant authority responsible for carrying out the scrutiny.

4.

F5The relevant authority shall ensure that officials responsible for scrutiny are entitled to seize commercial documents, or have them seized. This right shall be exercised with due regard to the F6law applying in the constituent nation and shall be without prejudice to the application of rules governing proceedings in criminal matters concerning the seizure of documents.

Article 82Access to commercial documents

1.

The persons responsible for the undertaking, or a third party, shall ensure that all commercial documents and additional information are supplied to the officials responsible for the scrutiny or to the persons authorised to carry it out on their behalf. Electronically stored data F7may be provided on an appropriate data support medium.

2.

The officials responsible for the scrutiny or the persons authorised to carry it out on their behalf may require that extracts or copies of the documents referred to in paragraph 1 be supplied to them.

3.

Where, during scrutiny carried out pursuant to this Chapter, the commercial documents maintained by the undertaking are considered inadequate for scrutiny purposes, the undertaking F8may be directed to maintain in future F9such records as may be required by the F10relevant authority responsible for the scrutiny, without prejudice to obligations laid down in other Regulations relating to the sector concerned.

F11The relevant authority shall determine the date from which such records are to be established.

Where some or all of the commercial documents required to be scrutinised pursuant to this Chapter are located with an undertaking in the same commercial group, partnership or association of undertakings managed on a unified basis as the undertaking scrutinised, whether located inside or outside the F12United Kingdom, the undertaking shall make those commercial documents available to officials responsible for the scrutiny, at a place and time to be determined by the F13relevant authority responsible for carrying out the scrutiny.

4.

F14The relevant authority shall ensure that officials responsible for scrutiny are entitled to seize commercial documents, or have them seized. This right shall be exercised with due regard to the F15law applying in the constituent nation and shall be without prejudice to the application of rules governing proceedings in criminal matters concerning the seizure of documents.