Housing (Wales) Measure 2011

48 Inspector’s powers of entry and inspection

After paragraph 19F of Schedule 1 to the Housing Act 1996 insert—

“Inspector’s powers of entry and inspection

19G (1) An inspector may at any reasonable time—

(a) enter premises occupied by the registered social landlord which is being inspected, and

(b) inspect, copy or take away documents found there.

(2) But the inspector may not enter residential accommodation (whether the residential accommodation is the whole of, or only part of, premises occupied by the registered social landlord).

(3) The reference to documents found on the premises includes (but is not limited to)—

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

(b) documents stored elsewhere which can be accessed by computers on the premises.

(4) The power to inspect documents includes (but is not limited to) the power to inspect any computer or electronic storage device on which they have been created or stored.

(5) An inspector may require any person on the premises to provide such facilities or assistance as the inspector reasonably requests.

(6) For the purposes of sub-paragraphs (3) and (4) an inspector may require any person having charge of a computer to provide any assistance that the inspector reasonably requests.

(7) It is an offence for a person without reasonable excuse to obstruct an inspector exercising the powers conferred by sub-paragraphs (1) to (6).

(8) A person guilty of an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) Proceedings for an offence may be brought only by or with the consent of—

(a) the Welsh Ministers, or

(b) the Director of Public Prosecutions.

(10) In this paragraph—

• “inspector” means—

  (a)

  the Welsh Ministers, or

  (b)

  a person authorised in writing by the Welsh Ministers to exercise the powers under this paragraph for the purpose of an inspection under paragraph 19C;

• “residential accommodation” means accommodation of any description (including, but not limited to, a dwelling or residential accommodation in a hostel) that is occupied by one or more persons as a permanent or temporary place of residence (whether or not it is also occupied by any person for any other purpose).”