38.—(1) This regulation applies to information supplied in pursuance of regulations under section 13 or Schedule 2 to the 1992 Act.
(2) Subject to the following provisions of this regulation, information to which this regulation applies will in any relevant proceedings be admissible as evidence of any fact stated in it; and any document purporting to contain such information will, unless the contrary is shown, be presumed—
(a)to have been supplied by the person by whom it purports to have been supplied; and
(b)to have been supplied by that person in any capacity in which it purports to have been supplied.
(3) Information to which this regulation applies must not be used in any relevant proceedings by a billing authority unless—
(a)not less than two weeks' notice, specifying the information to be so used and the dwelling or person to which or to whom it relates, has previously been given to every other party to the proceedings; and
(b)any person who has given not less than 24 hours' notice of that person’s intention to do so has been permitted by that authority at any reasonable time—
(i)to inspect the documents and other media in or on which such information is held; and
(ii)to make a copy of, or of any extract from, any document containing such information.
(4) If any information required to be made available for inspection in accordance with this regulation is not maintained in documentary form, the duty to make it so available is satisfied if a print-out, photographic image or other reproduction of the information, which has been obtained from the storage medium adopted in relation to that information, is made available for inspection.
(5) In this regulation “relevant proceedings” means any proceedings on or in consequence of an appeal, and any proceedings on or in consequence of a reference to arbitration under regulation 45.