188.— (1) Where a vetted researcher has been granted data access following a reasoned request for such access under Article 40(4), the Commission shall terminate the access where the Commission has determined that the vetted researcher no longer meets the designation conditions, following an investigation—

(a) on the Commission’s own initiative, or

(b) based on information received by the Commission from third parties.

(2) Where the Commission proposes to terminate data access in accordance with subsection (1), the Commission shall notify the vetted researcher in writing of the proposed termination.

(3) A notification under subsection (2) shall include particulars of the following:

(a) the proposal to terminate access under subsection (1) and the reason for it;

(b) that the researcher is entitled to make representations in accordance with section 196 regarding the proposal to terminate access;

(c) that if the researcher does not make such representations, the proposed termination under subsection (1) shall come into operation 14 days from the date of the service of the notification;

(d) that the researcher is entitled to seek a review of the decision to terminate access in accordance with section 189.]