Inspector’s powers of entry and inspection

19G

1

An inspector may at any reasonable time—

a

enter premises occupied by the registered social landlord which is being inspected, and

b

inspect, copy or take away documents found there.

2

But the inspector may not enter residential accommodation (whether the residential accommodation is the whole of, or only part of, premises occupied by the registered social landlord).

3

The reference to documents found on the premises includes (but is not limited to)—

a

documents stored on computers or electronic storage devices on the premises, and

b

documents stored elsewhere which can be accessed by computers on the premises.

4

The power to inspect documents includes (but is not limited to) the power to inspect any computer or electronic storage device on which they have been created or stored.

5

An inspector may require any person on the premises to provide such facilities or assistance as the inspector reasonably requests.

6

For the purposes of sub-paragraphs (3) and (4) an inspector may require any person having charge of a computer to provide any assistance that the inspector reasonably requests.

7

It is an offence for a person without reasonable excuse to obstruct an inspector exercising the powers conferred by sub-paragraphs (1) to (6).

8

A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

9

Proceedings for an offence may be brought only by or with the consent of—

a

the Welsh Ministers, or

b

the Director of Public Prosecutions.

10

In this paragraph—

• “inspector” means—

  1. a

     the Welsh Ministers, or

  2. b

     a person authorised in writing by the Welsh Ministers to exercise the powers under this paragraph for the purpose of an inspection under paragraph 19C;

• “residential accommodation” means accommodation of any description (including, but not limited to, a dwelling or residential accommodation in a hostel) that is occupied by one or more persons as a permanent or temporary place of residence (whether or not it is also occupied by any person for any other purpose).