Modifications etc. (not altering text)
C1Pt. VII (ss. 154-186): Transfer of functions (1.4.1996) to the Agency by 1995 c. 25, s. 2(1)(a)(iv) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
(1)Any person designated in writing for the purpose by either of the Ministers or by the [F1Agency] may—
(a)enter any premises or vessel for the purpose of ascertaining whether any provision of an enactment to which this section applies, of any subordinate legislation or other instrument made by virtue of any such enactment or of any byelaws made by the [F1Agency] is being or has been contravened; and
(b)carry out such inspections, measurements and tests on any premises or vessel entered by that person or of any articles found on any such premises or vessel, and take away such samples of water or effluent or of any land or articles, as that Minister or the [F1Agency]—
(i)considers appropriate for the purpose mentioned in paragraph (a) above; and
(ii)has authorised that person to carry out or take away.
(2)The powers which by virtue of subsection (1) above are conferred in relation to any premises for the purpose of enabling either of the Ministers or the [F1Agency] to determine whether any provision made by or under any of the water pollution provisions of this Act is being or has been contravened shall include power, in order to obtain the information on which that determination may be made—
(a)to carry out experimental borings or other works on those premises; and
(b)to install and keep monitoring and other apparatus there.
(3)[F2Subject to subsection (4) below,]this section applies to any enactment contained in this Act and to any other enactment under or for the purposes of which the [F1Agency] carries out functions.
[F3(4)The powers conferred by this section shall not have effect for the purposes of any of the Agency’s pollution control functions, within the meaning of section 108 of the 1995 Act.]
Textual Amendments
F1Words in s. 169 substituted (subject to the other provisions of the amending Act) (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 128 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F2Words in s. 169(3) inserted (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 165 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
F3S. 169(4) added (1.4.1996) by 1995 c. 25, s. 120, Sch. 22 para. 165 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3