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The Water and Sewerage Services (Northern Ireland) Order 2006

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This is the original version (as it was originally made).

PART IRIGHTS REQUIRING NOTICE FOR ENTRY TO NON-BUSINESS PREMISES

Notice of entry

1.—(1) Where this Part of this Schedule applies to any right of entry conferred by a provision of this Order, admission to any premises which are not business premises shall not be demanded as of right by virtue of that provision, unless 24 hours' notice of the intended entry has been given to the occupier of the premises.

(2) In this paragraph “business premises” means—

(a)any factory (within the meaning of the Factories Act (Northern Ireland) 1965 (c. 20); or

(b)any place in which persons are employed otherwise than in domestic service.

Warrants to exercise right

2.—(1) Subject to sub-paragraph (3), if it is shown to the satisfaction of a lay magistrate, on complaint on oath—

(a)that any one or more of the conditions specified in sub-paragraph (2) is fulfilled in relation to any premises which a person is entitled to enter by virtue of a right of entry to which this Part of this Schedule applies; and

(b)that there is reasonable ground for entry to the premises for any purpose for which the right is exercisable,

the magistrate may by warrant authorise that person to enter the premises, if need be by force.

(2) The conditions mentioned in sub-paragraph (1) are—

(a)that admission to the premises has been refused to the person having the right to enter them;

(b)that such refusal is apprehended;

(c)that the premises are unoccupied or the occupier is temporarily absent;

(d)that the case is one of urgency;

(e)that an application for admission would defeat the object of the entry.

(3) A warrant under this Part of this Schedule shall not be issued by a lay magistrate in a case in which he is satisfied that the condition mentioned in head (a) or (b) of sub-paragraph (2) is fulfilled unless he is also satisfied—

(a)that notice of the intention to apply for a warrant has been given to the occupier;

(b)that a condition mentioned in either of heads (c) and (d) of that sub-paragraph is also fulfilled in relation to the premises; or

(c)that the giving of such notice as is mentioned in head (a) would defeat the object of the entry.

(4) Every warrant under this Part of this Schedule shall continue in force until the purpose for which the entry is necessary has been fulfilled.

(5) A person leaving any unoccupied premises which he has entered by virtue of a warrant under this Part of this Schedule shall leave them as effectually secured against trespassers as he found them.

Supplementary power of person making entry

3.  Any person entitled to enter any premises by virtue of a right to which this Part of this Schedule applies, or of a warrant under this Part of this Schedule, may take with him such other persons and such equipment as may be necessary.

Obstruction of person exercising right

4.  Any person who intentionally obstructs any person upon whom a right of entry has been conferred by virtue of—

(a)any provision of this Order relating to a right of entry to which this Part of this Schedule applies; or

(b)a warrant under this Part of this Schedule,

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 1 on the standard scale.

Duty of persons exercising rights to maintain confidentiality

5.—(1) Without prejudice to Article 265 and subject to sub-paragraphs (2) and (3), any person who is admitted to any premises in compliance—

(a)with any provision of this Order relating to a right of entry to which this Part of this Schedule applies; or

(b)with a warrant under this Part of this Schedule,

shall be guilty of an offence under this paragraph if he discloses to any person any information obtained by him there with regard to any manufacturing process or trade secret.

(2) A person shall not be guilty of an offence under this paragraph in respect of any disclosure made in the performance of his duty.

(3) A person who is guilty of an offence under this paragraph shall be liable on summary conviction, to a fine not exceeding level 5 on the standard scale.

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