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Inspection of premises and records, etc.
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15.—(1) For the purpose of obtaining any information necessary for the exercise by the Examiner of any of his functions under this Act, an authorised officer may, on production of his authorisation if so required—
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(a) at all reasonable times enter and inspect premises at which any activity in connection with the business of supplying or distributing goods or providing a service, or in connection with the organisation or assistance of persons engaged in any such business, is carried on,
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(b) require the person who carries on such activity and any person employed in connection therewith to produce to the authorised officer any books, documents or records relating to such activity which are in that person's power or control, and to give to the authorised officer such information as he may reasonably require in regard to any entries in such books, documents and records,
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(c) inspect and copy or take extracts from any such books, documents and records,
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(d) require a person mentioned in paragraph (b) to give to the authorised officer any information he may require in regard to the persons carrying on such activity (including in particular, in the case of an unincorporated body of persons, information in regard to the membership thereof and its committee of management or other controlling authority) or employed in connection therewith,
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(e) require a person mentioned in paragraph (b) to give to the authorised officer any information which the officer may reasonably require in regard to such activity.
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(2) Before exercising any powers conferred on him by virtue of this section, an authorised officer shall inform the owner of premises referred to in subsection (1) (a) or a person mentioned in subsection (1) (b) (as the case may be)—
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(a) of the powers of an authorised officer under this section, and
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(b) of the owner's or other person's right under subsection (3) to apply for a declaration under this section.
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(3) (a) The owner of premises which an authorised officer proposes to enter and inspect, or a person on whom an authorised officer has made a requirement under this section, may apply to the High Court for a declaration under this section.
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(b) Where the owner of premises which an authorised officer proposes to enter and inspect, or a person on whom an authorised officer has made a requirement under this section, refuses access to the officer or refuses to comply with the requirement (as the case may be), the owner or other person shall within seven days thereafter apply to the High Court for a declaration under this section.
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(c) The High Court, having heard such evidence as may be adduced and any representations that may be made by the Examiner and a person referred to in paragraph (a), may at its discretion declare that the exigencies of the common good do not warrant the exercise by the Examiner of the powers conferred on him by this section, and upon the making of such a declaration the Examiner shall either cease to effect the relevant entry or inspection or (as the case may be) withdraw the relevant requirement under this section.
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(4) Subject to subsection (3) a person who obstructs or impedes an authorised officer in the exercise of a power conferred by this section or does not comply with a requirement under this section shall be guilty of an offence.
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(5) The authorisation of an authorised officer shall indicate the matters in respect of which he may act under this section.
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(6) In this section “authorised officer” means a person authorised in writing by the Examiner for the purposes of this section.
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