Environmental Protection Act 1990

Inspectors: powers and protection U.K.

13 (1) Section 12 of the 1960 Act (rights of entry and inspection) shall be amended as follows.

(2) In subsection (2)—

(a) in paragraph (a), after the words “reasonable time” there shall be inserted the words “or, in an emergency, at any time”;

(b) in paragraph (b)—

(i) after the word “tests” there shall be inserted the words “(including dismantling and subjecting to any process)”;

(ii) after the word “inspections” there shall be inserted the words “and take such photographs”; and

(iii) the words “of waste” shall be omitted;

(c) after paragraph (b), there shall be inserted the following paragraph—

“(bb) give directions that the whole or any part of such premises, or anything in them, be left undisturbed for so long as is reasonably necessary for the purpose of any tests or inspections; and”; and

(d) in paragraph (c)—

(i) after the words “inspector with” there shall be inserted the words “such facilities and assistance and”; and

(ii) for the word “specify” there shall be substituted the words “require, and in the case of answers to his questions, to sign a declaration of the truth of the answers”.

(3) After subsection (6) there shall be inserted the following subsection—

“(6A) The last preceding subsection does not apply in respect of premises in respect of which—

(a) a person has been (but is no longer) registered under section one of this Act;

or

(b) an authorisation has been (but is no longer) in force under subsection (1) of section six or under section seven of this Act; or

in respect of premises on which there are reasonable grounds for believing that mobile radioactive apparatus has been or is being kept or used.”;

and at the beginning of subsection (6) there shall be inserted the words “Subject to the next following subsection”.

(4) After subsection (7) there shall be inserted the following subsections—

“(7A) An inspector appointed under section 11A of this Act or under subsection (7)(a) of this section shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of his powers under this section if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

(7B) In England and Wales, an inspector appointed under section 11A of this Act, if authorised to do so by the chief inspector, may, although not of counsel or a solicitor, prosecute before a magistrates’ court proceedings for an offence under section 13 of this Act.”