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The Network and Information Systems Regulations 2018

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This is the original version (as it was originally made).

Power of inspection

This section has no associated Explanatory Memorandum

16.—(1) A relevant competent authority in relation to an OES may—

(a)conduct an inspection;

(b)appoint a person to conduct an inspection on its behalf; or

(c)direct the OES to appoint a person who is approved by that authority to conduct an inspection on its behalf,

to assess if the OES has fulfilled the duties imposed on it by regulations 10 and 11.

(2) The Information Commissioner may—

(a)conduct an inspection;

(b)appoint a person to conduct an inspection on its behalf; or

(c)direct that a RDSP appoint a person who is approved by the Information Commissioner to conduct an inspection on its behalf,

to assess if a RDSP has fulfilled the requirements set out in regulation 12.

(3) For the purposes of carrying out the inspection under paragraph (1) or (2), the OES or RDSP (as the case may be) must—

(a)pay the reasonable costs of the inspection;

(b)co-operate with the person who is conducting the inspection (“the inspector”);

(c)provide the inspector with reasonable access to their premises;

(d)allow the inspector to inspect, copy or remove such documents and information, including information that is held electronically, as the inspector considers to be relevant to the inspection; and

(e)allow the inspector access to any person from whom the inspector seeks relevant information for the purposes of the inspection.

(4) The competent authority or Information Commissioner may appoint a person to carry out an inspection under paragraph (1)(b) or (2)(b) on its behalf on such terms and in such a manner as it considers appropriate.

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