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57Right of entry and offences

(1)    This section applies to an inspection conducted under this Chapter other than one conducted as a result of a request under section 56(3).

(2)    An inspector taking part in the inspection has, at all reasonable times—

(a)    a right of entry to premises on which the education or training being inspected is provided;

(b)    a right of entry to premises of the person providing that education or training used in connection with that provision;

(c)    a right to inspect, and take copies of, any records kept by that person, and any other documents containing information relating to the education or training, which the inspector requires for the purposes of the inspection.

(3)    In respect of education or training provided by an employer in the workplace, the right of entry conferred by subsection (2) may be exercised only if the employer has been given reasonable notice in writing.

(4)    The right to inspect records conferred by subsection (2)(c) includes the right to have access to, and to inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.

(5)    That right also includes the right to require—

(a)    the person by whom or on whose behalf the computer is or has been so used, or

(b)    any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford the Inspectorate or any inspector such assistance as he may reasonably require.

(6)    It is an offence wilfully to obstruct any person exercising functions in relation to an inspection.

(7)    A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(8)    “Inspector”, in relation to an inspection, means an employee of the Inspectorate taking part in the inspection or any person appointed by the Inspectorate to assist with the inspection and includes the Chief Inspector of Adult Learning where the inspection is being conducted by him.

NOTES
Initial Commencement
To be appointed

To be appointed: see s 154(1)(a).

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