Water Act 1989

Powers of entry etc.

178 Warrant to exercise power

(1) This section applies to each of the powers conferred by sections 59(2), 60(4), 62(4), 64(1), 147(1) and 156 above and to each of the powers conferred by paragraph 1 of Schedule 10, paragraph 10 of Schedule 19 and paragraph 5 of Schedule 21 to this Act.

(2) If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

(a) that there are reasonable grounds for the exercise in relation to any premises of a power to which this section applies; and

(b) that one or more of the conditions specified in subsection (3) below is satisfied in relation to those premises,

the justice may by warrant authorise the relevant authority to designate a person who shall be authorised to exercise the power in relation to those premises in accordance with the warrant and, if need be, by force.

(3) The conditions mentioned in subsection (2)(b) above are—

(a) that the exercise of the power in relation to the premises has been refused;

(b) that such a refusal is reasonably apprehended;

(c) that the premises are unoccupied;

(d) that the occupier is temporarily absent from the premises;

(e) that the case is one of urgency; or

(f) that an application for admission to the premises would defeat the object of the proposed entry.

(4) A justice of the peace shall not issue a warrant under this section by virtue only of being satisfied that the exercise of a power in relation to any premises has been refused, or that a refusal is reasonably apprehended, unless he is also satisfied—

(a) that notice of the intention to apply for the warrant has been given to the occupier of the premises; or

(b) that the giving of such a notice would defeat the object of the proposed entry.

(5) A justice of the peace shall not issue a warrant under this section in a case to which subsection (4) of section 156 above applies unless he is satisfied that the Secretary of State has given his authorisation for the purposes of that subsection in relation to that case.

(6) Every warrant under this section shall continue in force until the purposes for which the warrant was issued have been fulfilled.

(7) In this section—

• “premises”, in relation to a power which is conferred in relation to vessels (as well as in relation to premises), includes a vessel; and

• “relevant authority”, in relation to a power to which this section applies, means the person who, by virtue of the provision by which the power is conferred, is entitled to designate the person by whom the power may be exercised.

179 Provisions supplementary to powers of entry etc

(1) This section applies to any power to which section 178 above applies and to any power conferred by virtue of that section.

(2) A person designated as the person who may exercise any power to which this section applies shall produce evidence of his designation and other authority before he exercises the power.

(3) A person authorised to enter any premises by virtue of any power to which this section applies shall be entitled, subject in the case of a power exercisable under a warrant to the terms of the warrant, to take with him on to the premises such other persons and such equipment as may be necessary.

(4) A person who enters any premises in the exercise of any power to which this section applies shall leave the premises as effectually secured against trespassers as he found them.

(5) Where any person exercises any power to which this section applies in relation to any premises, it shall be the duty of the relevant authority to make full compensation to any person who has sustained loss or damage by reason of—

(a) the exercise by the designated person of that power or of any power to take any person or equipment with him when entering the premises; or

(b) the performance of, or failure of the designated person to perform, the duty imposed by subsection (4) above,

not being loss or damage which is attributable to the default of the person who sustained it or loss or damage in respect of which compensation is payable by virtue of any other provision of this Act.

(6) Any dispute as to a person’s entitlement to compensation under subsection (5) above, or as to the amount of any such compensation, shall be referred to the arbitration of a single arbitrator appointed by agreement between the relevant authority and the person who claims to have sustained the loss or damage or, in default of agreement—

(a) by the President of the Lands Tribunal where the relevant authority is the Secretary of State or the Minister; and

(b) by the Secretary of State or the Minister, in any other case;

and any compensation required to be paid by the Secretary of State or the Minister under that subsection shall be paid out of money provided by Parliament.

(7) For the purposes of subsections (4) and (5) above a person enters any premises by virtue of a power to which this section applies notwithstanding that he has failed (whether by virtue of the waiver of the requirement by the occupier of the premises or otherwise) to comply with the requirement imposed by subsection (2) above or with any requirement to enter those premises at a reasonable time or after giving notice of his intended entry.

(8) A person who intentionally obstructs another person acting in the exercise of any power to which this section applies shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(9) In this section—

• “premises”, in relation to a power which is conferred in relation to vessels (as well as in relation to premises), includes a vessel; and

• “relevant authority”, in relation to a power to which this section applies, means the person who, by virtue of the provision by which the power is conferred or, as the case may be, the warrant, is entitled to designate the person by whom the power may be exercised.

180 Impersonation of persons exercising powers of entry

(1) A person who, without having been designated or authorised for the purpose by a relevant authority, purports to be entitled to enter any premises or vessel in exercise of a power exercisable in pursuance of any such designation or authorisation shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.

(2) For the purposes of this section it shall be immaterial, where a person purports to be entitled to enter any premises or vessel, that the power which that person purports to be entitled to exercise does not exist or would not be exercisable even if that person had been designated or authorised by a relevant authority.

(3) In this section “relevant authority” means the Authority or any water undertaker or sewerage undertaker.