Supplementary provisions
9 Inspection.
1
Any officer F1duly authorised in that behalf by the Secretary of State may at all reasonable times on producing, if so required, written evidence of his authority—
F13a
enter any relevant business premises;
b
inspect those premises and any records or other documents kept in pursuance of this Act or of any regulations made thereunder; and
c
subject to subsection (2) of this section, require any person on those premises to furnish him with such information as he may reasonably require for the purpose of ascertaining whether the provisions of this Act and of any regulations made thereunder are being complied with or of enabling the F2Secretary of State to exercise F2his functions under this ActF10; and
d
take copies of records and other documents inspected under paragraph (b).
F81A
If an officer seeks to inspect or acquire, in accordance with subsection (1)(b) or (c), a record or other document or information which is not kept at the premises being inspected, he may require any person on the premises—
a
to inform him where and by whom the record, other document or information is kept, and
b
to make arrangements, if it is reasonably practicable for the person to do so, for the record, other document or information to be inspected by or furnished to the officer at the premises at a time specified by the officer.
1B
In subsection (1) “ relevant business premises ” means premises—
a
which are used, have been used or are to be used for or in connection with the carrying on of an employment agency or employment business,
b
which the officer has reasonable cause to believe are used or have been used for or in connection with the carrying on of an employment agency or employment business, or
c
which the officer has reasonable cause to believe are used for the carrying on of a business by a person who also carries on or has carried on an employment agency or employment business, if the officer also has reasonable cause to believe that records or other documents which relate to the employment agency or employment business are kept there.
1C
For the purposes of subsection (1)—
a
“ document ” includes information recorded in any form, and
b
information is kept at premises if it is accessible from them.
F92
Nothing in this section shall require a person to produce, provide access to or make arrangements for the production of anything which he could not be compelled to produce in civil proceedings before the High Court or (in Scotland) the Court of Session.
2A
Subject to subsection (2B), a statement made by a person in compliance with a requirement under this section may be used in evidence against him in criminal proceedings.
2B
Except in proceedings for an offence under section 5 of the M1 Perjury Act 1911 (false statements made otherwise than on oath), no evidence relating to the statement may be adduced, and no question relating to it may be asked, by or on behalf of the prosecution unless—
a
evidence relating to it is adduced, or
b
a question relating to it is asked,
by or on behalf of the person who made the statement.
3
Any person who obstructs an officer in the exercise of his powers under paragraph (a) F11, (b) or (d) of subsection (1) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding F3level 3 on the standard scaleand any person who, without reasonable excuse, fails to comply with a requirement under paragraph (c) of that subsectionF12or under subsection (1A) shall be guilty of an offence and liable on summary conviction to a fine not exceeding F3level 3 on the standard scale.
C1C14
a
No information obtained in the course of exercising the powers conferred by subsection (1) of this section shall be disclosed except—
i
with the consent of the person by whom the information was furnished or, where the information was furnished on behalf of another person, with the consent of that other person or with the consent of the person carrying on or proposing to carry on the employment agency or employment business concerned; or
ii
. . . F4
F5ii
to the Secretary of State, or an officer or servant appointed by, or person exercising functions on behalf of, the Secretary of State for the purposes of the exercise of their respective functions under this Act; or
F6iii
by the Secretary of State, or an officer or servant appointed by, or persons exercising functions on behalf of, the Secretary of State to the person carrying on or proposing to carry on the employment agency or employment business concerned, to any person in his employment or, in the case of information relating to a person availing himself of the services of such an agency or business, to that person; or
F5iv
with a view to the institution of, or otherwise for the purposes of, any criminal proceedings pursuant to or arising out of this Act or for the purposes of any F7proceedings under section 3A, 3C or 3D of this Act.
b
Any person who contravenes paragraph (a) of this subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding F3level 5 on the standard scale.