This Article replaces Article 42 of the 1997 Order. The principal effect is to enable a constable or an authorised officer of the Department to stop, search and seize a vehicle that he reasonably believes is being used in the commission of an offence under Article 38 of that Order (transporting controlled waste without an appropriate registration). A vehicle or its contents seized under this Article are seized on behalf of the Department, and the Article requires the Department to make regulations specifying how it must deal with such seized property
The Article re-enacts the offence contained in Article 42 of the 1997 Order of failing to comply with a requirement to produce authority for transporting controlled waste, and creates a new offence of failing to assist an authorised officer or a constable. It also empowers an authorised officer or a constable to require any occupant of the vehicle to give his name and address, or that of the registered owner of the vehicle, or any other information he may reasonably request. Failure to provide accurate information is an offence, punishable by a fine not exceeding level 5 on the standard scale (currently £5,000).