The Producer Responsibility Obligations (Packaging Waste) Regulations (Northern Ireland) 2007

Entry and inspection N.I.

35.—(1) An authorised person may exercise the powers referred to in paragraph (2) below.

(2) The powers of entry and inspection are—

(a) to enter at any reasonable time any premises which he has reason to believe it is necessary for him to enter;

(b) to make such examination and investigation as may in any circumstances be necessary;

(c) as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (b);

(d) to take such photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (b);

(e) to take samples, or cause samples to be taken, of any records and packaging and packaging materials found in or on any premises which he has power to enter; F1 ...

(f) in the case of any such records and packaging and packaging materials as are mentioned in paragraph (e), to take possession of them and detain them for so long as is necessary for all or any of the following purposes, namely—

(i) to examine them, or cause them to be examined, and to do, or cause to be done, to them anything which he has power to do F2 ... under that paragraph,

(ii) to ensure that they are not tampered with before examination of them is completed,

(iii) to ensure that they are available for use as evidence in any proceedings for an offence under regulation 40;

(g) to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (b) to answer (in the absence of persons other than a person nominated by that person to be present and any persons whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask and to sign a declaration of the truth of his answers;

(h) to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any record and return—

(i) which are required to be kept and provided to the Department under regulations 20, 22 and 25, or

(ii) which it is necessary for him to see for the purposes of an examination or investigation under paragraph (b), and to inspect and take copies of, or of any entry in, the records and returns; and

(i) to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised person to exercise any of the powers conferred on him by this regulation.

(3) In any case where it is proposed to enter any premises used for residential purposes, any entry shall only be effected—

(a) after the expiration of at least seven day’s notice of the proposed entry given to a person who appears to the authorised person to be in occupation of the premises in question; and

(b) either—

(i) with the consent of a person who is in occupation of those premises, or

(ii) when a [F3 lay magistrate] by warrant under his hand authorises the authorised person to enter the premises in question.

(4) Where it is shown to the satisfaction of a [F4 lay magistrate] on complaint on oath that an authorised person proposes to enter any premises and—

(a) entry has been refused and he apprehends on reasonable grounds that the use of force may be necessary to effect entry; or

(b) he apprehends on reasonable grounds that entry is likely to be refused and that the use of force may be necessary to effect entry;

an entry on to those premises shall only be effected under the authority of a warrant by virtue of Schedule 8.

(5) No answer given by a person in pursuance of a requirement imposed under paragraph (2)(g) shall be admissible in evidence in Northern Ireland against that person in any proceedings.

(6) Nothing in this regulation shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court.

(7) In this regulation “authorised person” means a person who is authorised in writing by the Department for the purposes of its functions under these Regulations and “warrant” means a warrant under the provisions set out in Schedule 8 as applied by paragraph (4).

Textual Amendments

F1 Word in reg. 35(2)(e) omitted (1.1.2011) by virtue of The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/396), regs. 1(1), 16(a)

F2 Word in reg. 35(2)(f)(i) omitted (1.1.2011) by virtue of The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/396), regs. 1(1), 16(b)

F3 Words in reg. 35(3) substituted (6.4.2008) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2008 (SR 2008/77), reg. 1, reg. 2(3)

F4 Words in reg. 35(4) substituted (6.4.2008) by The Producer Responsibility Obligations (Packaging Waste) (Amendment) Regulations (Northern Ireland) 2008 (SR 2008/77), reg. 1, reg. 2(3)

Commencement Information

I1 Reg. 35 in operation at 5.4.2007, see reg. 1(1)