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Children and Families (Wales) Measure 2010

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This is the original version (as it was originally enacted).

15Powers of inspection
This section has no associated Explanatory Notes

(1)A person entering premises under section 14 may (subject to any conditions imposed under section 14(4)(b))—

(a)inspect the premises;

(b)inspect, take copies of and remove from the premises any documents or records relating to the discharge by the local authority of its functions under sections 7 to 12;

(c)inspect any other item and remove it from the premises;

(d)interview in private any person working at the premises.

(2)The power in subsection (1)(b) includes—

(a)power to require any person holding or accountable for documents or records kept on the premises to produce them, and

(b)in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.

(3)The power in subsection (1)(b) does not include power—

(a)to require a person to produce any document or record in respect of which a claim to legal professional privilege could be maintained in legal proceedings, or

(b)to take copies of such a document or record or to remove it.

(4)In connection with inspecting any such documents, a person authorised for the purposes of section 14 (subject to any conditions imposed under section 14(4)(b))—

(a)may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he or she considers is or has been in use in connection with the documents, and

(b)may require a person within subsection (5) to afford him or her such reasonable assistance as may be required for that purpose.

(5)A person is within this subsection if he or she is—

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

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

(6)A person entering premises under section 14 (subject to any conditions imposed under section 14(4)(b)) may require any person to afford him or her such facilities and assistance with respect to matters within the person’s control as are necessary to enable him or her to exercise powers under section 14 or this section.

(7)Any person who without reasonable excuse—

(a)obstructs a person exercising any power under section 14(1) or this section, or

(b)fails to comply with any requirement imposed under this section,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

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