The Offshore Combustion Installations (Pollution Prevention and Control) Regulations 2013

Powers of inspectors U.K.

25.  To assist in the exercise of the functions of the Secretary of State under these Regulations, an inspector may—

(a) at any reasonable time (or in case of emergency, at any time) board any relevant platform, together with any equipment or material as may be required, and may be accompanied by any other person authorised by the Secretary of State;

(b) make such examination and investigation as the inspector considers necessary and may install or maintain monitoring or other apparatus on the relevant platform;

(c) direct that any part of the relevant platform be left undisturbed for so long as may be necessary to effect any examination or investigation;

(d) take such measurements and photographs [F1 and record] such information as the inspector considers necessary in relation to any examination or investigation;

(e) take samples of any thing found on the relevant platform and of the atmosphere, land, seabed (including its subsoil) or water in the vicinity of the relevant platform;

(f) in the case of any thing found on or in the vicinity of the relevant platform and which appears to the inspector 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 the thing unless that is necessary);

(g) take possession of any thing to which subparagraph (f) applies and detain it for so long as is necessary—

(i) to examine it and do to it anything provided by this regulation;

(ii) to ensure it is not tampered with before its examination is completed;

(iii) to ensure that it is available for use as evidence in any proceedings for an offence under regulation 34;

(h) require any person (“P1”) whom the inspector has reasonable cause to believe is able to give information relevant to any examination or investigation—

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

(ii) to answer (in the absence of any persons other than those whom the inspector may allow to be present and a person nominated by P1) such questions as the inspector thinks fit to ask; and

(iii) to sign a declaration of truth of the answers given by P1;

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

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

(ii) any records which the inspector considers it necessary to see for the purposes of any examination or inspection;

and

(j) require any person (“P2”) to afford the inspector such facilities and assistance with respect to any matter or thing within P2's control or in relation to which P2 has responsibilities, as the inspector considers necessary to enable the exercise of any powers provided under this regulation.

Textual Amendments

F1 Words in reg. 25(d) substituted (18.7.2018) by The Offshore Combustion Installations (Pollution Prevention and Control) (Amendment) Regulations 2018 (S.I. 2018/798), regs. 1, 33