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The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003
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The Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003, Section 42 is up to date with all changes known to be in force on or before 01 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 15(2)(e)(f) substituted for art. 15(2)(e) by 2022 c. 18 (N.I.) Sch. 3 para. 62
Inspections: provisions supplementary to Articles 40 and 41N.I.
This section has no associated Explanatory Memorandum
42.—(1) A person who proposes to exercise any power of entry or inspection conferred by Article 40 or 41 shall if so required produce some duly authenticated document showing his authority to exercise the power.
(2) Any person who—
(a)intentionally obstructs the exercise of any power conferred by Article 40 or 41 or this Article; or
(b)fails without a reasonable excuse to comply with any requirement under Article 40 or 41 or this Article,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(3) A person authorised by virtue of Article 40 or 41 to enter and inspect any premises may seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Order.
(4) A person so authorised—
(a)may require any person to afford him such facilities and assistance with respect to matters within the person's control as are necessary to enable him to exercise his powers under Article 40 or 41 or this Article;
(b)may take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.
(5) A person authorised by virtue of Article 40 or 41 to inspect any records shall be entitled to have access to, and to check the operation of, any computer and any associated apparatus which is or has been in use in connection with the records in question.
(6) The references in Article 40 to the person carrying on the establishment or agency include, in the case of an establishment or agency which is carried on by a company, a reference to any director, manager, secretary or other similar officer of the company.
(7) Where any premises which are used as an establishment or for the purposes of an agency have been inspected under Article 40 the [F1RQIA] —
(a)shall prepare a report on the matters inspected; and
(b)shall without delay send a copy of the report to each person who is registered in respect of the establishment or agency.
F1Words in Order substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(b) (with Sch. para. 1(2))
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