Part VII Land and Works Powers

CHAPTER II POWERS OF ENTRY

169 Powers of entry for enforcement purposes.

(1)

Any person designated in writing for the purpose by either of the MinistersF1, by the Agency, or by the NRBW, 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 Agency F2or of any relevant byelaws made by the NRBW 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 MinisterF3, the Agency, or the NRBW—

(i)

considers appropriate for the purpose mentioned in paragraph (a) above; and

(ii)

has authorised that person to carry out or take away.

F4(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)

F5Subject 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 F6Agency carries out functions F7or the NRBW carries out relevant transferred functions.

F8(3A)

The Agency may designate a person under subsection (1) in relation to—

(a)

any provision made by or under this Act, so far as it applies otherwise than in relation to Wales;

(b)

any provision made by or under any other enactment, if the Agency carries out functions under or for the purposes of that provision;

(c)

any byelaws made by the Agency.

(3B)

The NRBW may designate a person under subsection (1) in relation to—

(a)

any provision made by or under this Act, so far as it applies in relation to Wales;

(b)

any provision made by or under any other enactment, if the NRBW carries out relevant transferred functions under or for the purposes of that provision;

(c)

any relevant byelaws.

F9(4)

The powers conferred by this section shall not have effect for the purposes of any of the Agency’s F10or the NRBW's pollution control functions, within the meaning of section 108 of the 1995 Act.

F11(5)

In this section, “relevant byelaws” means byelaws made (or treated as if made) by the NRBW in the exercise of any relevant transferred functions.