- Latest available (Revised)
- Original (As made)
The Waste and Contaminated Land (Northern Ireland) Order 1997
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
More Resources
Changes over time for: Section 74
Alternative versions:
Changes to legislation:
The Waste and Contaminated Land (Northern Ireland) Order 1997, Section 74 is up to date with all changes known to be in force on or before 22 December 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.
Changes to Legislation
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.
Changes and effects yet to be applied to Article 74:
- art. 58(1A) inserted by 2011 c. 5 (N.I.) s. 8(3)
- art. 70(2A)-(2C) inserted by 2011 c. 5 (N.I.) s. 9
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. 58(1A) inserted by 2011 c. 5 (N.I.) s. 8(3)
- art. 70(2A)-(2C) inserted by 2011 c. 5 (N.I.) s. 9
OffencesN.I.
74.—(1) It is an offence for a person intentionally to obstruct an authorised person in the exercise or performance of his powers or duties.
(2) It is an offence for a person, without reasonable excuse,—
(a)to fail to comply with any requirement imposed under Article 72;
(b)to fail or refuse to provide facilities or assistance or any information or to permit any inspection reasonably required by an authorised person in the discharge of his functions under that Article; or
(c)to prevent any other person from appearing before an authorised person, or answering any question to which an authorised person may require an answer under that Article.
(3) It is an offence for a person falsely to pretend to be an authorised person.
(4) A person guilty of an offence under paragraph (1) shall be liable—
(a)in the case of an offence of obstructing an authorised person in the exercise of his powers under Article 73—
(i)on conviction on indictment, to imprisonment for a term not exceeding 2 years, or to a fine or to both;
(ii)on summary conviction, to a fine not exceeding the statutory maximum;
(b)in any other case, on summary conviction, to a fine not exceeding level 5 on the standard scale.
(5) A person guilty of an offence under paragraph (2) or (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
[F1(5A) Summary proceedings for an offence under paragraph (2) or (3) may be instituted at any time within 12 months after the commission of the offence.]
(6) In this Article—
“authorised person” has the same meaning as in Article 72;
“powers or duties” includes powers or duties exercisable by virtue of a warrant under Schedule 4.
F1Art. 74(5A) inserted (25.6.2007) by Waste (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/611 (N.I. 3)), arts. 1(3), 18(2); S.R. 2007/294, art. 2, Sch.
Modifications etc. (not altering text)
C1Art. 74 applied (with modifications) (1.4.2018) by The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(2), 21(3) (with reg. 1(2))
Options/Help
Print Options
PrintThe Whole Order
PrintThe Whole Part
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
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.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.