The Notification of Existing Substances (Enforcement) Regulations 1994

Enforcement by the chief inspector

4.—(1) It shall be the duty of the chief inspector to make adequate arrangements for the enforcement of the Council Regulation in relation to existing substances which are or have been manufactured or located in premises in relation to which the powers of an inspector are exercisable by virtue of section 17(2) of the 1990 Act.

(2) The chief inspector may, to any extent, delegate the functions conferred or imposed on him by these Regulations to any other inspector.

(3) For the purposes of the enforcement of the Council Regulation referred to in paragraph (1) above, an inspector may, on production (if so required) of his authority, exercise the following powers—

(a) at any reasonable time enter any premises referred to in paragraph (1) above which he has reason to believe it is necessary for him to enter;

(b) on entering any premises by virtue of sub-paragraph (a) above take with him—

(i) any person duly authorised by the chief inspector and, if the inspector has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and

(ii) any equipment or materials required for any purpose for which the power of entry is being exercised;

(c) make such examination and investigation as may in any circumstances be necessary;

(d) as regards any premises which he has power to enter, direct that those premises or any part of them, or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under sub-paragraph (c) above;

(e) take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under sub-paragraph (c) above;

(f) take and analyse samples of any articles or substances found in or on any premises which he has power to enter;

(g) require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under sub-paragraph (c) above to answer (in the absence of persons other than a person nominated to be present and any person whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;

(h) require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records of any information which are required to be furnished under any provision of the Council Regulation or which it is necessary for him to see for the purposes of an examination or investigation under sub-paragraph (c) above and inspect and take copies of, or of any entry in, the records;

(i) require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him by this paragraph.

(4) No answer given by a person in pursuance of a requirement imposed under paragraph (3)(g) above shall be admissible in evidence in England and Wales against that person in any proceedings, or in Scotland against that person in any criminal proceedings.

(5) Nothing in this regulation shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, in relation to Scotland, on an order for production of documents in an action in the Court of Session.

(6) An inspector shall not be liable in any civil or criminal proceedings for anything done in the purported performance of his functions under this regulation if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.