The Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001

Appointment of inspectors

13.—(1) The Secretary of State may, if he thinks fit, appoint in writing any person as an inspector to report to him—

(a) whether the requirements, restrictions or prohibitions imposed by or under these Regulations have been complied with; and

(b) as to the condition or operation of, or discharges from, any qualifying offshore combustion installation.

(2) An inspector appointed under paragraph (1) above may for any of the purposes mentioned in that paragraph—

(a) at any reasonable time (or, in a situation which in his opinion may give rise to a risk of significant pollution to the environment as a result of the operation of any qualifying offshore combustion installation, at any time) board any platform;

(b) on boarding a platform take with him any other person authorised by the Secretary of State for the purposes mentioned in paragraph (1) above and any equipment or materials that he requires;

(c) make such examination and investigation as he considers necessary (for which purpose he may install or maintain monitoring or other apparatus on a platform);

(d) give a direction requiring that any part of the platform be left undisturbed (whether generally or in particular respects) for so long as reasonably necessary for the purposes of any examination or investigation under sub-paragraph (c) above;

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

(f) take samples of any articles or substances found on the platform and of the atmosphere or any land, seabed (including the subsoil thereof) or water in the vicinity of the platform;

(g) in the case of any article or substance which he finds on the platform and which appears to him to have caused or to be likely to cause significant pollution, cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless, in the circumstances of the case, that is necessary);

(h) may in the case of any such article or substance as is mentioned in sub-paragraph (g) above, 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 and do to it anything which he has power to do under that paragraph;

(ii) to ensure that it is not tampered with before his examination of it is completed;

(iii) to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations;

(i) may require any person who he has reasonable cause to believe is able to give any information relevant to any examination or investigation under sub-paragraph (c) above—

(i) to attend at a place and time specified by the inspector;

(ii) to answer (in the absence of any person other than persons whom the inspector may allow to be present and a person nominated to be present by the person on whom the requirement is imposed) such questions as the inspector thinks fit to ask, and

(iii) to sign a declaration of the truth of his answers;

(j) may require the production of, and inspect and take copies of or of any entry in—

(i) any records which by virtue of any provision of any permit granted under these Regulations are required to be kept;

(ii) any records which he considers it necessary to see for the purposes of any examination or investigation under sub-paragraph (c) above; and

(k) may 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 the inspector considers are necessary to enable him to exercise any of the powers conferred on him by this regulation.

(3) No answer given by a person in pursuance of a requirement imposed under paragraph (2)(i) above shall be admissible in evidence in England and Wales or Northern Ireland against that person in any proceedings, or in Scotland against that person in criminal proceedings.

(4) Nothing in this regulation 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 disclosure or discovery in an action in the High Court or the High Court in Northern Ireland or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.