The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024

CHAPTER 2 Powers of entry etc.

Powers of entry etc: England, Wales and Scotland

112.—(1) A person who appears suitable to the appropriate agency may, for the purposes of that agency’s functions under these Regulations, be authorised in writing by that agency to exercise the powers specified in paragraph (2).

(2) The powers specified in this paragraph are powers corresponding to those set out in section 108(4)(a) to (l) of the Environment Act 1995(1) (“the 1995 Act”).

(3) In relation to the exercise of powers conferred under paragraph (1), provisions corresponding to the following provisions of the 1995 Act apply—

(a) in relation to England and Wales—

(i) section 108(6) to (7A), (7C) to (7F), (12), (12A) and (13); and

(ii) paragraphs 2 to 6 of Schedule 18;

(b) in relation to Scotland—

(i) section 108(6) to (7E), (12) and (13);

(ii) section 108A; and

(iii) paragraphs 2 to 6 of Schedule 18

(4) For the purposes of this regulation, the 1995 Act is to be read with the modifications in paragraph 1 of Schedule 12.

Powers of entry etc: Northern Ireland

113.—(1) A person who appears suitable to DAERA may, for the purposes of DAERA’s functions under these Regulations, be authorised in writing by DAERA to exercise the powers specified in paragraph (2).

(2) The powers specified in this paragraph are powers corresponding to those set out in article 72(2)(a) to (k) of the Waste and Contaminated Land (Northern Ireland) Order 1997(2) (“the 1997 Order”).

(3) In relation to the exercise of powers conferred under paragraph (1), provisions corresponding to the following provisions of the 1997 Order apply—

(a) article 72(4), (5), (9) and (10); and

(b) paragraphs 2 to 5 of Schedule 4.

(4) For the purposes of this regulation, the 1997 Order is to be read with the modifications in paragraph 2 of Schedule 12.

(1)

1995 c. 25. Section 108 has been amended in relation to England and Wales by paragraph 5 of Schedule 10 to the Environment Act 2021 (c. 30) and S.I. 2016/475, and in relation to Scotland by section 46(2) of the Regulatory Reform (Scotland) Act 2014 (asp 3). There are other amendments to section 108 which are not relevant. Section 108A was inserted by section 46(3) of the Regulatory Reform (Scotland) Act 2014 (asp 3).

(2)

S.I. 1997/2778 (N.I. 19). Section 72 has been amended by section 11(2) of, and Schedule 2 to, the Waste and Contaminated Land (Amendment) Act (Northern Ireland) 2011 (c. 5) and by S.I. 2007/611 (N.I. 3), There are other amendments to section 72 which are not relevant.