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Safety on Learner Transport (Wales) Measure 2011

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This is the original version (as it was originally enacted).

10Power of inspection

This section has no associated Explanatory Notes

After section 14I of the Learner Travel (Wales) Measure 2008 insert—

14JPower of inspection

(1)An inspector who detains a vehicle or enters a vehicle or premises under section 14I may—

(a)inspect the vehicle or premises;

(b)inspect, take copies of and remove from the vehicle or premises any documents or records relating to the provision of learner transport;

(c)inspect any other item and remove it from the vehicle or 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 vehicle or 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 legible form which 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, an inspector—

(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)An inspector detaining a vehicle or entering a vehicle or premises 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 14I or this section.

(7)Any person who without reasonable excuse—

(a)obstructs an inspector exercising any power under section 14I 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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