Prospective

PART 3 E+W REGULATION OF VISITOR ACCOMMODATION

CHAPTER 2 E+W LICENSING

Enforcement‍ E+W

30 Power of entry and inspection for enforcement purposes E+W

(1) This section applies where—

(a) a visitor accommodation licence has been granted to a VAP in respect of premises in accordance with this Part, and

(b) the Welsh Ministers have reasonable grounds for believing that—

(i) the VAP has given false or misleading information to the Welsh Ministers in relation to the licence, or

(ii) a condition of the licence has been breached.

(2) Where this section applies and the Welsh Ministers consider that it is necessary or expedient for the purpose of determining whether any of the circumstances mentioned in subsection (1)(b) have arisen, an authorised person may (subject to subsection (3)) enter the premises at any reasonable time.

(3) An authorised person—

(a) must give reasonable notice of their intention to enter the premises to the VAP;

(b) may not enter the premises by force under this section;

(c) before entering premises under this section, must, if asked to do so, show evidence of the person’s authorisation‍ by the Welsh Ministers;

(d) may take with them such other persons and equipment as the authorised person considers appropriate;

(e) may inspect, copy or take away documents found on the premises, other than any documents belonging to a visitor who is residing at the premises.

(4) In subsection (3)(e), references to—

(a) documents include information recorded in any form;

(b) documents found on the premises include—

(i) documents stored on computers or electronic storage devices on the premises, and

(ii) documents stored elsewhere that can be accessed by computers on the premises.

(5) The power conferred by subsection (3)(e) includes power—‍

(a) to impose requirements as to the form in which documents are provided (which may include requirements to provide legible copies of documents stored electronically);

(b) to inspect a computer or other electronic storage device (other than a device belonging to a visitor) on which documents have been created or stored.

(6) An authorised person is not liable in any civil or criminal proceedings for anything done in the purported performance of the person’s functions under this section if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.‍

Commencement Information

I1 S. 30 in force at 4.3.2030, see s. 61(2)(b)