- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
The Waste and Contaminated Land (Northern Ireland) Order 1997, Section 5E is up to date with all changes known to be in force on or before 25 July 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
5E.—(1) This Article applies where an authorised officer or a constable reasonably believes that the grounds in paragraph (2) or (3) exist.
(2) The grounds in this paragraph are that—
(a)an offence under Article 4 or 5 has been committed,
(b)a vehicle was used in the commission of the offence, and
(c)proceedings for the offence have not yet been brought against any person.
(3) The grounds in this paragraph are that—
(a)an offence under Article 4 or 5 is being or is about to be committed, and
(b)a vehicle is being or is about to be used in the commission of the offence.
(4) The authorised officer or constable may—
(a)search the vehicle;
(b)seize the vehicle and any of its contents.
(5) In acting under paragraph (4) the authorised officer or constable may—
(a)stop the vehicle;
(b)enter any premises for the purpose of searching or seizing the vehicle.
(6) A vehicle or its contents seized under paragraph (4) are seized on behalf of the Department.
(7) A person commits an offence if—
(a)he fails without reasonable excuse to give any assistance that an authorised officer or constable may reasonably request in the exercise of a power under paragraph (4) or (5);
(b)he otherwise intentionally obstructs an authorised officer or constable in exercising that power.
(8) Where an authorised officer or constable has stopped a vehicle under paragraph (5)(a), he may require any occupant of the vehicle to give him—
(a)the occupant's name and address;
(b)the name and address of the registered owner of the vehicle;
(c)any other information he may reasonably request.
(9) A person commits an offence if—
(a)he fails without reasonable excuse to comply with a requirement under paragraph (8);
(b)he gives information required under that paragraph that is—
(i)to his knowledge false or misleading in a material way, or
(ii)given recklessly and is false or misleading in a material way.
(10) A person guilty of an offence under this Article is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(11) In this Article and Article 5F—
“authorised officer” means an officer of the Department who is authorised in writing by the Department for the purposes of this Article;
“vehicle” includes any mobile plant.]
F1Arts. 5E, 5F inserted (11.3.2013) by Waste (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/611 (N.I. 3)), arts. 1(3), 9; S.R. 2013/33, art. 2(b)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.