Food and Environment Protection Act 1985

3 Authorisation of investigating officers and enforcement officers. U.K.

(1) [F1 A designating authority] may authorise—

(a) persons (in this Act referred to as “investigating officers”) to conduct investigations for the purpose of determining—

(i) whether any of the powers conferred by this Part of this Act should be exercised ; and

(ii) the manner in which any such power should be exercised ;

(b) persons (in this Act referred to as “enforcement officers”) to enforce—

(i) emergency orders ; and

(ii) directions under section 2 above.

(2) [F1 A designating authority] may authorise an investigating officer or an enforcement officer who is not an officer of his department to perform any [F2 the designating authority’s] functions under this Part of this Act which he could perform if it were an officer of the department ; and an officer performing such functions in pursuance of such an authorisation is to be treated in relation to their performance as if he were an officer of the department.

(3) An authorisation under subsection (1) or (2) above may be given subject to such limitations as may be specified in the instrument containing it ; and this Act shall be construed, in reference to a person whose authorisation has been given subject to limitations, as subject to those limitations.

(4) The functions of an investigating officer and of an enforcement officer may also be performed by a British sea-fishery offier, and accordingly any reference to an investigating officer or an enforcement officer in the following provisions of this Act includes a reference to a British sea-fishery officer.

Textual Amendments

F1 Words in s. 3 substituted (30.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 10(6) (with art. 8); S.I. 1998/3178

F2 Words in s. 3 substituted (30.6.1999) by S.I. 1999/1756, art. 2, Sch. para. 10(6) (with art. 8); S.I. 1998/3178

Modifications etc. (not altering text)

C1 S. 3(1)(2) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))