Explanatory Memorandum

Waste (Amendment) (Northern Ireland) Order 2007

2007 No. 611

      Enforcement

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:

(i)

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

(ii)

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

(iii)

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.