Part V Miscellaneous, General and Supplemental Provisions

F10Powers of EntryF10Enforcement

Annotations:
Amendments (Textual)

C1C7C18C24C23C19C27C26C9C17C28C21C29E1C31C32C30108 Powers of enforcing authorities and persons authorised by them.

1

A person who appears suitable to an enforcing authority may be authorised in writing by that authority to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (4) below for the purpose—

a

of determining whether any provision of the pollution control enactments F20or flood risk activity enactments in the case of that authority is being, or has been, complied with;

b

of exercising or performing one or more of the pollution control functions F6or flood risk activity functions of that authority;

c

of determining whether and, if so, how such a function should be exercised or performed.

2

A person who appears suitable to the Agency F29, the Natural Resources Body for Wales or SEPA may be authorised in writing by the Agency F29, the Natural Resources Body for Wales or, as the case may be, SEPA to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (4) below for the purpose of enabling the Agency F29, the Natural Resources Body for Wales or, as the case may be, SEPA to carry out any assessment or prepare any report which the Agency F29, the Natural Resources Body for Wales or, as the case may be, SEPA is required to carry out or prepare under section 5(3) or 33(3) above.

3

Subsection (2) above only applies where the Minister who required the assessment to be carried out, or the report to be prepared, has, whether at the time of making the requirement or at any later time, notified the Agency F38, the Natural Resources Body for Wales or, as the case may be, SEPA that the assessment or report appears to him to relate to an incident or possible incident involving or having the potential to involve—

a

serious pollution of the environment,

b

serious harm to human health, or

c

danger to life or health.

C2C8C224

The powers which a person may be authorised to exercise under subsection (1) or (2) above are—

C3C16a

to enter at any reasonable time (or, in an emergency, at any time and, if need be, by force) any premises which he has reason to believe it is necessary for him to enter;

C3C16b

on entering any premises by virtue of paragraph (a) above, to take with him—

i

any other person duly authorised by the enforcing authority and, if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and

ii

any equipment or materials required for any purpose for which the power of entry is being exercised;

C3C16c

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

C3C16d

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 (c) above;

C3C16e

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

C3C16f

to take samples, or cause samples to be taken, of any articles or substances found in or on any premises which he has power to enter, and of the air, water or land in, on, or in the vicinity of, the premises;

C3C16F16g

in the case of any article or substance found in or on any premises which the person has power to enter, being an article or substance which appears to that person to have caused or to be likely to cause—

i

pollution of the environment,

ii

harm to the environment,

iii

flooding,

iv

harm to human health, or

v

a detrimental impact on drainage,

to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it, unless that is necessary);

C3C16h

in the case of any such article or substance as is mentioned in paragraph (g) above, to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—

i

to examine it, or cause it to be examined, and to do, or cause to be done, to it anything which he has power to do under that paragraph;

ii

to ensure that it is not tampered with before examination of it is completed;

iii

to ensure that it is available for use as evidence in any proceedings for an offence under the pollution control enactments F26or flood risk activity enactments in the case of the enforcing authority under whose authorisation he acts or in any other proceedings relating to a variation notice, enforcement notice or prohibition notice under those enactments;

C3C16j

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 (c) above 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.

C3C16k

to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records—

i

which are required to be kept under the pollution control enactments F11or flood risk activity enactments for the enforcing authority under whose authorisation he acts, or

ii

which it is necessary for him to see for the purposes of an examination or investigation under paragraph (c) above,

and to inspect and take copies of, or of any entry in, the records;

F23ka

as regards any premises which an English or Welsh authorised person has power to enter by virtue of paragraph (a), for the purposes of an examination or investigation under paragraph (c)—

i

to search the premises;

ii

to seize and remove documents or anything else found on the premises (other than an article or substance within paragraph (g));

iii

to require any information which is stored in electronic form and is accessible from the premises to be produced in a form in which it can be removed and—

a

in which it is visible and legible, or

b

from which it can readily be produced in a visible and legible form;

iv

to operate any equipment found on the premises for the purposes of producing such information in such a form;

C3C16l

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 section;

m

any other power for—

i

a purpose falling within any paragraph of subsection (1) above, or

ii

any such purpose as is mentioned in subsection (2) above,

which is conferred by regulations made by the Secretary of State.

5

The powers which by virtue of subsections (1) and (4) above are conferred in relation to any premises for the purpose of enabling an enforcing authority to determine whether any provision of the pollution control enactments F35or flood risk activity enactments in the case of that authority is being, or has been, complied with 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, keep or maintain monitoring and other apparatus there.

C4C12C206

Except in an emergency, in any case where it is proposed to enter any premises used for residential purposes, or to take heavy equipment on to any premises which are to be entered, any entry by virtue of this section shall only be effected—

F17a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

either—

i

with the consent of a person who is in occupation of those premises; or

ii

under the authority of a warrant by virtue of Schedule 18 to this Act.

C4C12C207

Except in an emergency, where 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,

any entry on to those premises by virtue of this section shall only be effected under the authority of a warrant by virtue of Schedule 18 to this Act.

F147A

An English or Welsh authorised person may not exercise the powers in subsection (4)(ka) without—

a

the consent of a person entitled to grant access to material on or accessible from the premises, or

b

the authority of a warrant by virtue of Schedule 18 to this Act.

This is subject to subsections (7B) and (7C).

7B

An English or Welsh authorised person may exercise a power in subsection (4)(ka)(ii) to (ka)(iv) in relation to a thing without consent or the authority of a warrant if the person has reasonable grounds for believing that—

a

it is evidence of a failure to comply with any provision of the pollution control enactments or flood risk activity enactments, and

b

exercising the power is necessary to prevent it being concealed, lost, altered or destroyed.

7C

Subsection (7A) does not require consent or the authority of a warrant for doing something within the powers in subsection (4)(ka) if, and so far as, it may be done without them in exercise of another power conferred by subsection (4).

7D

Where anything seized or removed from premises under subsection (4)(ka) contains protected material, that material—

a

may not be used for the purposes of an examination or investigation under subsection (4)(c), and

b

must be returned to the premises from which it was removed, or to the person who had possession or control of it immediately before it was removed, as soon as reasonably practicable after it is identified as protected material.

7E

Subsection (7D) does not prevent any part of a thing containing protected material which is not protected material being used for the purposes of an examination or investigation, retained or copied.

7F

“Protected material” means—

a

material subject to legal professional privilege,

b

excluded material within the meaning of section 11 of the Police and Criminal Evidence Act 1984, or

c

journalistic material, within the meaning of section 13 of that Act, which is not excluded material.

8

In relation to any premises belonging to or used for the purposes of the United Kingdom Atomic Energy Authority, subsections (1) to (4) above shall have effect subject to section 6(3) of the Atomic Energy Authority Act 1954 (which restricts entry to such premises where they have been declared to be prohibited places for the M1purposes of the M2Official Secrets Act 1911).

9

The Secretary of State may by regulations make provision as to the procedure to be followed in connection with the taking of, and the dealing with, samples under subsection (4)(f) above.

10

Where an authorised person proposes to exercise the power conferred by subsection (4)(g) above in the case of an article or substance found on any premises, he shall, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.

11

Before exercising the power conferred by subsection (4)(g) above in the case of any article or substance, an authorised person shall consult—

a

such persons having duties on the premises where the article or substance is to be dismantled or subjected to the process or test, and

b

such other persons,

as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do or cause to be done under the power.

C5C15C1312

No answer given by a person in pursuance of a requirement imposed under subsection (4)(j) above shall be admissible in evidence in England and Wales against that person in any proceedings, or in Scotland against that person in any criminal proceedings.

F2512A

Subject to subsection (7D), anything seized or removed under subsection (4)(ka) may be retained for so long as is necessary in all the circumstances.

C5C15C1313

Nothing in this section 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 or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.

14

Schedule 18 to this Act shall have effect with respect to the powers of entry and related powers which are conferred by this section.

C6C2515

In this section—

  • “authorised person” means a person authorised under subsection (1) or (2) above;

  • F39“document” includes anything in which information of any description is recorded (by any means) and any part of such a thing;

  • F21“domestic property” has the meaning given by section 75(5)(a) of the Environmental Protection Act 1990;

  • F31“emergency” means a case in which it appears to the authorised person in question—

    1. a

      that there is an immediate risk of serious harm or that circumstances exist which are likely to endanger life or health, and

    2. b

      that immediate entry to any premises is necessary to verify the existence of that risk or those circumstances or to ascertain the cause of that risk or those circumstances or to effect a remedy,

    and for this purpose “serious harm” means—

    1. i

      serious pollution of the environment,

    2. ii

      serious harm to the environment,

    3. iii

      serious flooding,

    4. iv

      serious harm to human health, or

    5. v

      a serious detrimental impact on drainage;

  • “enforcing authority” means—

    1. a

      the Secretary of State;

    2. b

      the Agency;

    3. bza

      F12the Natural Resources Body for Wales;

    4. ba

      F15a waste collection authority;

    5. c

      SEPA; or

    6. d

      a local enforcing authority;

  • F36“English or Welsh authorised person” means a person authorised under subsection (1) or (2) by the Secretary of State, the Welsh Ministers, the Agency, the Natural Resources Body for Wales, a waste collection authority or a local enforcing authority in England or Wales;

  • F32“English waste collection authority” has the same meaning as in section 45A of the Environmental Protection Act 1990;

  • F18“flood risk activity enactment”, in relation to an enforcing authority, means an enactment relating to the flood risk activity functions of that authority;

  • “flood risk activity functions”, in relation to the Agency or the Natural Resources Body for Wales, means the functions relating to flood risk activities conferred or imposed on it by or under regulations made under section 61 of the Water Act 2014;

  • “local enforcing authority” means—

    1. a

      F3a local enforcing authority, within the meaning of Part I of the M3Environmental Protection Act 1990;

    2. b

      a local authority, within the meaning of Part IIA of that Act, in its capacity as an enforcing authority for the purposes of that Part;

    3. c

      a local authority for the purposes of Part IV of this Act or regulations under that Part;

    4. d

      a local authority for the purposes of regulations under section 2 of the Pollution Prevention and Control Act 1999 extending to England and Wales F24or regulations under section 61 of the Water Act 2014;

  • “mobile plant” means plant which is designed to move or to be moved whether on roads or otherwise;

  • “pollution control enactments”, in relation to an enforcing authority, means the M4enactments and instruments relating to the M5pollution control functions of that authority;

  • “pollution control functions”, in relation to the M6Agency F8, the Natural Resources Body for Wales or SEPA, means the M7functions conferred or imposed on it by or under—

    1. a

      the Alkali, &c, Works Regulation Act 1906;

    2. b

      F27...

    3. c

      F27...

    4. d

      F28...

    5. e

      Parts I, IA and II of the M8Control of Pollution Act 1974;

    6. f

      the Control of Pollution (Amendment) Act 1989;

    7. g

      PartsF3 I,II and IIA of the M9Environmental Protection Act 1990 (integrated pollution control, waste on land and contaminated land);

    8. h

      Chapter III of Part IV of the M10Water Industry Act 1991 (special category effluent);

    9. j

      Part III and sections 161 to 161D of the M11Water Resources Act 1991;

    10. k

      section 19 of the M12Clean Air Act 1993;

    11. l

      F4...

    12. m

      F33EU-derived domestic legislation (as defined by section 2 of the European Union (Withdrawal) Act 2018) to the extent that it relates to pollution;

  • F1and, in relation to the Agency F37or the Natural Resources Body for Wales, includes the functions conferred or imposed on, or transferred to, it under section 2 of the Pollution Prevention and Control Act 1999 F19or regulations under section 61 of the Water Act 2014F30but, in relation to the Natural Resources Body for Wales, does not include any functions which were exercisable by the Countryside Council for Wales or the Forestry Commissioners immediately before 1 April 2013 and are functions of that Body by virtue of the Natural Resources Body for Wales (Functions) Order 2013;;

  • F5 “pollution control functions”, in relation to a waste collection authority, means F9—

    1. a

      in relation to an English waste collection authority, the functions conferred or imposed on it by or under Part 2 of the Environmental Protection Act 1990 (other than sections 45, 45A and 46 F34to 46D of that Act so far as relating to the collection of household waste from domestic property); and

    2. b

      in relation to any other waste collection authority,

    the functions F22conferred on it by section 59F22conferred or imposed on it by or under Part 2 of the Environmental Protection Act 1990;

  • “pollution control functions”, in relation to a local enforcing authority, means the functions conferred or imposed on, or transferred to, that authority—

    1. a

      by or under Part F3 I or IIA of the M13Environmental Protection Act 1990;

    2. b

      by or under regulations made by virtue of Part IV of this Act; or

    3. c

      F13by or under EU-derived domestic legislation (as defined by section 2 of the European Union (Withdrawal) Act 2018) to the extent that it relates to pollution;

    F2and, in relation to an authority in England or Wales, includes the functions conferred or imposed on, or transferred to, that authority under section 2 of the Pollution Prevention and Control Act 1999;

  • “pollution control functions”, in relation to the Secretary of State, means any functions which are conferred or imposed upon him by or under any enactment or instrument and which relate to the control of pollution;

  • “premises” includes any land, vehicle, vessel or mobile plant.

  • F7 “ waste collection authority ” shall be construed in accordance with section 30(3)(a), (b) and (bb) of the Environmental Protection Act 1990.

16

Any power to make regulations under this section shall be exercisable by statutory instrument; and a statutory instrument containing any such regulations shall be subject to annulment pursuant to a resolution of either House of Parliament.

C40C53C42C44C47C33C50C34C41C35C54C49C57E2108 Powers of enforcing authorities and persons authorised by them.

1

A person who appears suitable to an enforcing authority may be authorised in writing by that authority to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (4) below for the purpose—

a

of determining whether any provision of the pollution control enactments in the case of that authority is being, or has been, complied with;

b

of exercising or performing one or more of the pollution control functions of that authority; F61or

c

of determining whether and, if so, how such a function should be exercised or performed.

F71d

of determining whether any of the following offences are being or have been committed—

i

an offence under section 110 of this Act;

ii

an offence under section 40(1) of the Regulatory Reform (Scotland) Act 2014 (offences relating to significant environmental harm);

iii

an offence under section 293(2) of the Criminal Procedure (Scotland) Act 1995 (statutory offences: art and part and aiding or abetting) as it applies in relation to an offence mentioned in sub-paragraph (i) or (ii) above;

iv

an attempt, conspiracy or incitement to commit an offence mentioned in sub-paragraph (i) or (ii) above; or

e

in a case only where the person is authorised by SEPA, of determining whether, and if so to what extent, any financial benefit has accrued or is likely to accrue to a person in connection with an offence mentioned in subsection (1A) below which the authorised person reasonably believes is being or has been committed.

F461A

The offence is a relevant offence (within the meaning of section 53 of the Regulatory Reform (Scotland) Act 2014) for the purpose of provision made under section 24, or of section 35, of that Act).

2

A person who appears suitable to the Agency F44, the Natural Resources Body for Wales or SEPA may be authorised in writing by the Agency F44, the Natural Resources Body for Wales or, as the case may be, SEPA to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (4) below for the purpose of enabling the Agency F44, the Natural Resources Body for Wales or, as the case may be, SEPA to carry out any assessment or prepare any report which the Agency F44, the Natural Resources Body for Wales or, as the case may be, SEPA is required to carry out or prepare under section 5(3) or 33(3) above.

3

Subsection (2) above only applies where the Minister who required the assessment to be carried out, or the report to be prepared, has, whether at the time of making the requirement or at any later time, notified the Agency F43, the Natural Resources Body for Wales or, as the case may be, SEPA that the assessment or report appears to him to relate to an incident or possible incident involving or having the potential to involve—

a

serious pollution of the environment,

b

serious harm to human health, or

c

danger to life or health.

C51C58C39C104

The powers which a person may be authorised to exercise under subsection (1) or (2) above are—

C38C45a

to enter at any reasonable time (or, in an emergency, at any time and, if need be, by force) any premises which he has reason to believe it is necessary for him to enter;

C38C45b

on entering any premises by virtue of paragraph (a) above, to take with him—

i

any other person duly authorised by the enforcing authority and, if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and

ii

any equipment or materials required for any purpose for which the power of entry is being exercised;

C38C45c

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

C38C45d

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 (c) above;

C38C45e

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

C38C45f

to take samples, or cause samples to be taken, of any articles or substances found in or on any premises which he has power to enter, and of the air, water or land in, on, or in the vicinity of, the premises;

C38C45g

in the case of any article or substance found in or on any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause pollution of the environment or harm to human health, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it, unless that is necessary);

C38C45h

in the case of any such article or substance as is mentioned in paragraph (g) above, to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—

i

to examine it, or cause it to be examined, and to do, or cause to be done, to it anything which he has power to do under that paragraph;

ii

to ensure that it is not tampered with before examination of it is completed;

iii

to ensure that it is available for use as evidence in any proceedings for an offence under the pollution control enactments in the case of the enforcing authority under whose authorisation he acts or in any other proceedings relating to a variation notice, enforcement notice or prohibition notice under those enactments;

F41iv

to ensure that it is available for use as evidence in any proceedings for an offence under section 40(1) of the Regulatory Reform (Scotland) Act 2014;

C38C45j

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 (c) above—

F57i

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 F64; and

ii

without prejudice to the generality of paragraph (c) above, to attend at such place and at such reasonable time as the authorised person may specify to answer those questions and sign such a declaration;

F47ja

in a case only where he is authorised under subsection (1) or (2) above by SEPA, and without prejudice to the generality of paragraphs (c) and (j) above, to require any person whom he has reasonable cause to believe to be able to give any information relevant to an examination or investigation under paragraph (c) above, to provide the person's name, address and date of birth;

C38C45k

to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records—

i

which are required to be kept under the pollution control enactments for the enforcing authority under whose authorisation he acts, or

ii

which it is necessary for him to see for the purposes of an examination or investigation under paragraph (c) above,

and to inspect and take copies of, or of any entry in, the records;

F60ka

as regards any premises which by virtue of an authorisation from SEPA he has power to enter, to search the premises and seize and remove any documents found in or on the premises which he has reasonable cause to believe—

i

may be required as evidence for the purpose of proceedings relating to an offence under any of the pollution control enactments, or under section 40(1) of the Regulatory Reform (Scotland) Act 2014, which he reasonably believes is being or has been committed; or

ii

may assist in determining whether, and if so to what extent, any financial benefit has accrued or is likely to accrue as mentioned in subsection (1)(e) above;

C38C45l

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 section;

m

any other power for—

i

a purpose falling within any paragraph of subsection (1) above, or

ii

any such purpose as is mentioned in subsection (2) above,

which is conferred by regulations made by the Secretary of State.

5

The powers which by virtue of subsections (1) and (4) above are conferred in relation to any premises for the purpose of enabling an enforcing authority to determine whether any provision of the pollution control enactments in the case of that authority is being, or has been, complied with F50, or whether an offence under section 40(1) of the Regulatory Reform (Scotland) Act 2014 is being, or has been, committed, 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, keep or maintain monitoring and other apparatus there.

C55C48C46C116

Except in an emergency, in any case where it is proposed to enter any premises used for residential purposes, or to take heavy equipment on to any premises which are to be entered, any entry by virtue of this section shall only be effected—

F63a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

either—

i

with the consent of a person who is in occupation of those premises; or

ii

under the authority of a warrant by virtue of Schedule 18 to this Act.

C55C48C46C117

Except in an emergency, where 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,

any entry on to those premises by virtue of this section shall only be effected under the authority of a warrant by virtue of Schedule 18 to this Act.

C11F537A

An authorised person may not exercise the power in subsection (4)(ka) above to seize and remove documents except under the authority of a warrant by virtue of Schedule 18 to this Act.

C117B

Section 108A applies where documents are removed under that power.

C117C

Subsections (7D) and (7E) apply where a document removed under that power contains information in respect of which a claim to confidentiality of communications could be maintained in legal proceedings.

C117D

The information may not be used—

a

in evidence for the purpose of proceedings mentioned in paragraph (ka)(i) of subsection (4) above against a person who would be entitled to make such a claim in relation to the document; or

b

to determine whether any financial benefit has accrued or is likely to accrue as mentioned in subsection (1)(e) above.

C117E

The document must be returned to the premises from which it was removed, or to the person who had possession or control of it immediately before it was removed, as soon as reasonably practicable after the information is identified as information described in subsection (7C) above (but the authorised person may retain, or take copies of, any other information contained in the document).

8

In relation to any premises belonging to or used for the purposes of the United Kingdom Atomic Energy Authority, subsections (1) to (4) above shall have effect subject to section 6(3) of the Atomic Energy Authority Act 1954 (which restricts entry to such premises where they have been declared to be prohibited places for the M26purposes of the M23Official Secrets Act 1911).

9

The Secretary of State may by regulations make provision as to the procedure to be followed in connection with the taking of, and the dealing with, samples under subsection (4)(f) above.

10

Where an authorised person proposes to exercise the power conferred by subsection (4)(g) above in the case of an article or substance found on any premises, he shall, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.

11

Before exercising the power conferred by subsection (4)(g) above in the case of any article or substance, an authorised person shall consult—

a

such persons having duties on the premises where the article or substance is to be dismantled or subjected to the process or test, and

b

such other persons,

as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do or cause to be done under the power.

C43C56C52C1412

No answer given by a person in pursuance of a requirement imposed under subsection (4)(j) above shall be admissible in evidence in England and Wales against that person in any proceedings, or in Scotland against that person in any criminal proceedings F68, except in a case where the proceedings relate to—

a

an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations), or

b

another offence where in giving evidence the person makes a statement inconsistent with the answer.

C43C56C52C1413

Nothing in this section 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 or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.

14

Schedule 18 to this Act shall have effect with respect to the powers of entry and related powers which are conferred by this section.

C37C3615

In this section—

  • “authorised person” means a person authorised under subsection (1) or (2) above;

  • F49“document” includes anything in which information of any description is recorded (by any means) and any part of such a thing;

  • “emergency” means a case in which it appears to the authorised person in question—

    1. a

      that there is an immediate risk of serious pollution of the environment or serious harm to human health, or

    2. b

      that circumstances exist which are likely to endanger life or health,

    and that immediate entry to any premises is necessary to verify the existence of that risk or those circumstances or to ascertain the cause of that risk or those circumstances or to effect a remedy;

  • “enforcing authority” means—

    1. a

      the Secretary of State;

    2. b

      the Agency;

    3. bza

      F51the Natural Resources Body for Wales;

    4. c

      SEPA; or

    5. d

      a local enforcing authority;

  • “local enforcing authority” means—

    1. a

      F67a local enforcing authority, within the meaning of Part I of the M19Environmental Protection Act 1990;

    2. b

      a local authority, within the meaning of Part IIA of that Act, in its capacity as an enforcing authority for the purposes of that Part;

    3. c

      a local authority for the purposes of Part IV of this Act or regulations under that Part;

    4. d

      a local authority for the purposes of regulations under section 2 of the Pollution Prevention and Control Act 1999 extending to England and Wales F56or regulations under section 61 of the Water Act 2014;

  • “mobile plant” means plant which is designed to move or to be moved whether on roads or otherwise;

  • “pollution control enactments”, in relation to an enforcing authority, means the M21enactments and instruments relating to the M16pollution control functions of that authority F52(including any enactmentscomprised in, or in instruments made under, an Act of the Scottish Parliament relating to those functions).

  • “pollution control functions”, in relation to the M17Agency F66, the Natural Resources Body for Wales or SEPA, means the M18functions conferred or imposed on it by or under—

    1. a

      F45the Alkali, &c, Works Regulation Act 1906;

    2. b

      F58...

    3. c

      F58...

    4. d

      F59...

    5. e

      Parts I, IA and II of the M24Control of Pollution Act 1974;

    6. f

      the Control of Pollution (Amendment) Act 1989;

    7. g

      PartsF67 I,II and IIA of the M14Environmental Protection Act 1990 (integrated pollution control, waste on land and contaminated land);

    8. h

      Chapter III of Part IV of the M22Water Industry Act 1991 (special category effluent);

    9. j

      Part III and sections 161 to 161D of the M25Water Resources Act 1991;

    10. k

      section 19 of the M15Clean Air Act 1993;

    11. l

      F62...

    12. m

      F48EU-derived domestic legislation (as defined by section 2 of the European Union (Withdrawal) Act 2018) to the extent that it relates to pollution;

    13. n

      F55 in relation to SEPA , regulations under section 2 of the Pollution Prevention and Control Act 1999 F70or section 18 of the Regulatory Reform (Scotland) Act 2014;

    14. o

      F65regulations made by virtue of section 78YC of the Environmental Protection Act 1990;

  • “pollution control functions”, in relation to a local enforcing authority, means the functions conferred or imposed on, or transferred to, that authority—

    1. a

      by or under Part F67 I or IIA of the M20Environmental Protection Act 1990;

    2. b

      by or under regulations made by virtue of Part IV of this Act; or

    3. c

      F54by or under EU-derived domestic legislation (as defined by section 2 of the European Union (Withdrawal) Act 2018) to the extent that it relates to pollution;F69or

    4. d

      by or under regulations made by virtue of section 78YC of the Environmental Protection Act 1990;

  • “pollution control functions”, in relation to the Secretary of State, means any functions which are conferred or imposed upon him by or under any enactment or instrument F40(including any enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament) and which relate to the control of pollution;

  • “premises” includes any land, vehicle, vessel or mobile plant.

  • F42 “ waste collection authority ” shall be construed in accordance with section 30(3)(a), (b) and (bb) of the Environmental Protection Act 1990.

16

Any power to make regulations under this section shall be exercisable by statutory instrument; and a statutory instrument containing any such regulations shall be subject to annulment pursuant to a resolution of either House of Parliament.