Part V

Miscellaneous, General and Supplemental Provisions

Powers of EntryEnforcement

Offences.
110
1
It is an offence for a person intentionally to obstruct an authorised person in the exercise or performance of his powers or duties.
2
It is an offence for a person, without reasonable excuse,—
a
to fail to comply with any requirement imposed under section 108 above;
b
to fail or refuse to provide facilities or assistance or any information or to permit any inspection reasonably required by an authorised person in the execution of his powers or duties under or by virtue of that section; or
c
to prevent any other person from appearing before an authorised person, or answering any question to which an authorised person may require an answer, pursuant to subsection (4) of that section.
3
It is an offence for a person falsely to pretend to be an authorised person.
3A
It is an offence for a person to contravene, without reasonable excuse, a restriction notice issued under section 109A (including a notice continued in force under section 109E).
3B
It is an offence for a person to contravene, without reasonable excuse, a restriction order made under section 109D, 109F, 109G or 109I.
3C
It is an offence for a person to remove, without reasonable excuse, a copy of a restriction order fixed to a normal means of access to premises under section 109H(1).
3D
Subsection (3E) applies to an offence under subsection (1) or (2) if the exercise or performance of a power or duty to which the offence relates—
a
was that of a person authorised by the Agency or the Natural Resources Body for Wales, and
b
was in respect of the operations of—
i
a water undertaker or sewerage undertaker, or
ii
a water supply licensee or sewerage licensee within the meaning of the
Water Industry Act 1991
.
3E
The person guilty of the offence is liable—
a
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine, or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or both.
4
A person guilty of an offence under subsection (1) above (except one to which subsection (3E) applies) shall be liable—
a
in the case of an offence of assaulting, hindering or obstructing an authorised person in the execution of his powers under section 109 above—
i
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding 12 months, or to both;
ii
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both;
b
in any other case, on summary conviction, to a fine not exceeding level 5 on the standard scale the prescribed sum within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 or to imprisonment for a term not exceeding 12 months, or to both.
5
A person guilty of an offence under subsection (2) or (3) above (except one to which subsection (3E) applies) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5A
A person may be convicted of the offence under subsection (1) above of hindering or obstructing even though it is—
a
effected by means other than physical means, or
b
effected by action directed only at any vehicle, apparatus, equipment or other thing used or to be used by an authorised person.
5B
Subsection (5C) applies where, in the trial of a person (“the accused”) charged in summary proceedings with an offence under subsection (1) above, the court—
a
is not satisfied that the accused committed the offence, but
b
is satisfied that the accused committed an offence under subsection (2) above.
5C
The court may acquit the accused of the charge and, instead, find the accused guilty of an offence under subsection (2) above.
5D
A person guilty of an offence under subsection (3A) is liable on summary conviction to a fine or to imprisonment for a period not exceeding 51 weeks, or to both.
5E
A person guilty of an offence under subsection (3B) is liable—
a
on summary conviction, to a fine or to imprisonment for a period not exceeding
the general limit in a magistrates’ court
, or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
5F
A person guilty of an offence under subsection (3C) is liable on summary conviction to a fine.
5G
In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003, the reference in subsection (5D) to 51 weeks is to be read as a reference to 6 months.
5H
In relation to an offence committed before
2 May 2022
, the reference in subsection (5E)(a) to
the general limit in a magistrates’ court
is to be read as a reference to 6 months.
5I
Where an offence to which subsection (3E) applies is committed by a body corporate and—
a
is committed with the consent or connivance of a relevant officer, or
b
is attributable to the neglect of a relevant officer,
the relevant officer also commits the offence.
5J
In subsection (5I), “
relevant officer
” means—
a
a director, executive, manager, secretary or other similar officer of the body corporate concerned,
b
if the affairs of the body are managed by its members, a member exercising functions of management, or
c
any person purporting to act in a capacity within paragraph (a) or (b).
6
In this section—
- “authorised person” means a person authorised under section 108 above and includes a person designated under paragraph 2 of Schedule 18 to this Act;
- “powers and duties” includes powers or duties exercisable by virtue of a warrant under Schedule 18 to this Act.
S. 110 applied by S.I. 2005/2773, reg. 7(4A) (as inserted (E.) (23.12.2009) by The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products (Amendment) (England) Regulations 2009 (S.I. 2009/3145), regs. 1, 2)
S. 110 applied (with modifications) (1.4.2018) by The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(2), 27(3) (with reg. 1(2))
S. 110(5A)-(5C) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(6)(c); S.S.I. 2014/160, art. 2(1)(2)
Words in s. 110(5H) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
S. 110 applied (with modifications) (1.4.2018) by The Control of Mercury (Enforcement) Regulations 2017 (S.I. 2017/1200), regs. 2(2), 9(4)(5) (with reg. 1(2))
S. 110(3A)-(3C) inserted (E.W.) (29.3.2018) by The Waste Enforcement (England and Wales) Regulations 2018 (S.I. 2018/369), reg. 1(2), Sch. 2 para. 4(a)
S. 110(5D)-(5H) inserted (E.W.) (29.3.2018) by The Waste Enforcement (England and Wales) Regulations 2018 (S.I. 2018/369), reg. 1(2), Sch. 2 para. 4(b)
S. 108 cross-heading substituted (E.W.) (29.3.2018) by The Waste Enforcement (England and Wales) Regulations 2018 (S.I. 2018/369), reg. 1(2), Sch. 2 para. 2
Words in s. 110(4)(b) substituted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(6)(b)(iii) (with sch. 3 para. 30); S.S.I. 2014/160, art. 2(1)(2)
Words in s. 110(4)(a)(i) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(6)(b)(ii) (with sch. 3 para. 30); S.S.I. 2014/160, art. 2(1)(2)
Words in s. 110(5E)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
Words in s. 110(5H) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
Words in s. 110(4)(a) inserted (S.) (30.6.2014) by Regulatory Reform (Scotland) Act 2014 (asp 3), s. 61(2), sch. 3 para. 29(6)(b)(i) (with sch. 3 para. 30); S.S.I. 2014/160, art. 2(1)(2)
S. 110 applied (27.7.2012) by The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012 (S.I. 2012/1715), regs. 1, 6(2) (with reg. 3)
S. 110(3D)(3E) inserted (E.W.) (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 6(1)(a), 17(5)(a) (with s. 6(3))
S. 110(5I)(5J) inserted (E.W.) (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 6(1)(d), 17(5)(a) (with s. 6(3))
Words in s. 110(4) inserted (E.W.) (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 6(1)(b), 17(5)(a) (with s. 6(3))
Words in s. 110(5) inserted (E.W.) (24.4.2025) by Water (Special Measures) Act 2025 (c. 5), ss. 6(1)(c), 17(5)(a) (with s. 6(3))