22  Authority Surveys

22.1  The Service Provider shall notify the Authority of the date, time and location of all inspections, surveys, tests and assessments that it is obliged to carry out pursuant to this Schedule 7 together with the identity of the relevant inspector or surveyor (as the case may be) no later than two (2) months prior to the date on which each such inspection, survey, test and/or assessment is to take place in accordance with this Schedule 7.

22.2  In the event that the Service Provider:

(a)  is in breach of any of its obligations under this Schedule 7; and/or

(b)  has failed to commission and/or carry out the surveys, inspections, tests and/or assessments in accordance with the relevant Annual Programme,

then (without prejudice to the provisions of paragraph 1 (General)), the Authority may carry out (or procure to be carried out) such inspections, surveys, tests and/or assessments as the Service Provider has (in the Authority's reasonable opinion) failed to adequately carry out pursuant to this Schedule 7, provided that this right may not be exercised more often than the minimum frequency with which the Service Provider is obliged to carry out such inspections, surveys, tests and/or assessments in accordance with this Schedule 7.

22.3  The Authority shall consider in good faith any reasonable request by the Service Provider for the inspection, survey, test and/or assessment to be carried out on a different date to that notified in accordance with paragraph 22.1 if such request is made at least fifteen (15) Business Days prior to such notified date.

22.4  If the Authority exercises its rights pursuant to this paragraph 22, the Service Provider shall give the Authority (free of charge) any reasonable assistance required by the Authority during the carrying out of any such inspections, surveys, tests and/or assessments.

22.5  If the Authority exercises its rights pursuant to this paragraph 22, it shall be entitled to be reimbursed by the Service Provider for the cost of such inspections, surveys, tests and/or assessments as are carried out by or on behalf of the Authority and such reimbursement shall be made by way of adjustment to the Monthly Payment in accordance with the provisions of the Payment Mechanism.

22.6  When carrying out any inspection, survey, test and/or assessment pursuant to this paragraph 22, the Authority shall use reasonable endeavours to minimise any disruption caused to the provision of the Service by the Service Provider.

22.7  Where the Authority carries out any inspection, survey, test and/or assessment pursuant to this paragraph 22, it shall provide the Service Provider, as soon as reasonably practicable, with all unprocessed data, reports and results generated following such inspection, survey, test and/or assessment and the Service Provider shall, within twenty (20) Business Days of receipt of such reports and results, prepare and submit to the Authority (at its own cost) such revised Service Provider Programmes as it considers necessary in accordance with the relevant provisions of clause 7 (Investment Programmes) and submit the same to the Authority pursuant to the Review Procedure.

22.8  In the event that the Service Provider fails to submit revised Service Provider Programmes in accordance with paragraph 22.7 the Authority may carry out any rectification and/or maintenance work necessary to comply with the Output Specification and may recover the cost of such rectification and maintenance work from the Service Provider by way of an adjustment to the Monthly Payment pursuant to the provisions of the Payment Mechanism where the Adjustments the Authority may be entitled to make in respect of the same are insufficient to cover the cost of such rectification and/or maintenance work.