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Explanatory Memorandum to Waste (Amendment) (Northern Ireland) Order 2007


Article 18 – Powers of enforcing authorities

Article 18 makes a number of amendments to simplify the exercise of the Department’s powers of entry under Article 72 of the 1997 Order. In particular, it:


reduces the period of notice that must be given prior to exercising the power of entry from 7 days to 24 hours;


removes the requirement for an authorised person to be accompanied only by any other duly authorised person;


increases the scope of articles or substances that can be taken and detained.

The Article also increases from 6 months to 12 months the period of time within which the Department can take a prosecution in a Magistrate’s Court with respect to offences under Articles 74(2) or (3) of the 1997 Order.

Article 19 – Power to stop vehicles

Article 19 inserts a new Article 73A into the 1997 Order which gives an authorised officer of the Department a new power to require any person driving a vehicle on a road or other public place to stop. Any person who fails to stop when so required is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale (currently £5,000).

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