Section 109BA | Power of Secretary of State to require electronic access to information ^F1

(1)Subject to subsection (2) below, where it appears to the Secretary of State-^F1

(a)that a person falling within section 109B(2A) keeps any electronic records,^F1

(b)that the records contain or are likely, from time to time, to contain information about any matter that is relevant for any one or more of the purposes mentioned in section 109A(2) above, and^F1

(c)that facilities exist under which electronic access to those records is being provided, or is capable of being provided, by that person to other persons,^F1

the Secretary of State may require that person to enter into arrangements under which authorised officers are allowed such access to those records.

(2)An authorised officer—^F1

(a)shall be entitled to obtain information in accordance with arrangements entered into under subsection (1) above only if his authorisation states that his authorisation applies for the purposes of that subsection; and^F1

(b)shall not seek to obtain any information in accordance with any such arrangements other than information which relates to a particular person and could be the subject of a requirement under section 109B above.^F1

(3)The matters that may be included in the arrangements that a person is required to enter into under subsection (1) above may include-^F1

(a)requirements as to the electronic access to records that is to be made available to authorised officers;^F1

(b)requirements as to the keeping of records of the use that is made of the arrangements;^F1

(c)requirements restricting the disclosure of information about the use that is made of the arrangements; and^F1

(d)such other incidental requirements as the Secretary of State considers appropriate in connection with allowing access to records to authorised officers.^F1

(4)An authorised officer who is allowed access in accordance with any arrangements entered into under subsection (1) above shall be entitled to make copies of, and to take extracts from, any records containing information which he is entitled to require under section 109B.^F1