Search Legislation

Environmental Better Regulation Act (Northern Ireland) 2016

Section 13: Code of practice in relation to powers of entry

Section 13 places a duty on the Department to prepare a code of practice in relation to the exercise of powers of entry and associated powers under statutory provisions under which the Department has a function related to environmental activities or protecting and improving the environment. The Department is required to publish a draft of the code, invite representations on it and consider them.

After making any necessary changes to the draft code as outlined in subsection (2)(c) the Department must then lay the code in draft before the Assembly (subsection (3)). If the Assembly does not resolve as mentioned in subsection (4), the Department must publish the finalised code in any manner that it considers appropriate and review it from time to time.

Subsection (9) provides that a person must have regard to the code of practice when exercising the powers of entry or associated powers to which the code relates. Failure to adhere to any aspects of the code would not, of itself, render a person liable to civil or criminal proceedings (subsection (10)) however, the code is admissible in such proceedings (subsection (11)) and a court or tribunal may take into account any failure of a person to comply with the duty to have regard to the code (subsection (12)).

Back to top


Print Options


Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources