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The Public Regulated Service (Galileo) Regulations 2018

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Power to require the production of documents

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27.—(1) An officer may exercise the power in paragraph (2) for either of the following purposes—

(a)subject to paragraph (3), to ascertain compliance with these Regulations;

(b)to ascertain whether a document may be required as evidence in proceedings in relation to a breach of regulation 4 or a breach of a licence condition.

(2) An officer may at any reasonable time—

(a)require a person occupying the premises in the conduct of business to produce any document relating to the business to which that person has access and, subject to paragraph (4), to give an explanation of the document, and

(b)take copies of, or of any entry in, any such document.

(3) An officer may exercise the power in paragraph (2) for the purpose mentioned in paragraph (1)(a) only if the officer reasonably considers a breach of regulation 4 or a breach of a licence condition is taking place or has taken place.

(4) An officer may not require a person to provide an explanation of a document if to do so might incriminate that person.

(5) Where a document required to be produced under paragraph (2) contains information recorded electronically, the power in that paragraph includes power to require the production of a copy of the document in a form in which it can easily be taken away and in which it is visible and legible.

(6) This regulation does not permit an officer to require a person to create a document other than as described in paragraph (5).

(7) This regulation does not permit an officer to require a person to produce any document which the person would be entitled to refuse to produce in civil proceedings in a court—

(a)in England and Wales or Northern Ireland, on the grounds of legal professional privilege, or

(b)in Scotland, on the grounds of confidentiality of communications.

(8) In paragraph (7) “communications” means—

(a)communications between a professional legal adviser and the adviser’s client, or

(b)communications made in connection with or in contemplation of legal proceedings or for the purpose of those proceedings.

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