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Water Resources Act 1991
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Changes over time for: Section 169
Version Superseded: 01/04/2013
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- 01/12/1991- Amendment
- 01/04/1996- Amendment
- 01/04/2004- Amendment
- 01/03/2012
Point in time - 01/04/2013- Amendment
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169 Powers of entry for enforcement purposes.E+W
(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.
[F2(2)The powers conferred by subsection (1) above in relation to any premises shall include power, in order to obtain information for the purpose mentioned in subsection (1)(a) above—
(a)to carry out experimental borings or other works on those premises; and
(b)to install and keep monitoring and other apparatus there.]
(3)[F3Subject 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.
F4[(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
F2S. 169(2) substituted (1.4.2004) by Water Act 2003 (c. 37), ss. 71, 105(3); S.I. 2004/641, art. 3(r) (with Sch. 3 paras. 6 7)
F3Words 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
F4S. 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
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