The Greenhouse Gas Emissions Trading Scheme (Amendment) and National Emissions Inventory Regulations 2005

Powers of entry

11.—(1) The Secretary of State may authorise in writing any person (the “authorised person”) who appears suitable to her to exercise, in accordance with the terms of that authorisation, any of the powers specified in paragraph (3).

(2) The authorised person may only exercise the powers specified in paragraph (3) for the purpose of obtaining or verifying information for the preparation of a national inventory.

(3) The powers exercisable under this regulation are—

(a) to enter at any reasonable time any premises (other than premises used solely as a place of residence) which he has reason to believe it is necessary to enter;

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

(i) any equipment or materials that he requires; and

(ii) if he has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable;

(c) to make such examination and investigation as he considers necessary (for which purpose he may install or maintain monitoring or other apparatus on the premises);

(d) as regards any premises which he has power to enter, to give a direction requiring that the premises or any part of the premises, or anything in them, be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or inspection under sub-paragraph (c);

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

(f) to take samples, or cause samples to be taken, of any articles or substances found in or on any premises which he has power to enter and of the air in, or in the vicinity of, the premises;

(g) to 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) to—

(i) attend at a place and time specified by the authorised person; and

(ii) answer (in the absence of any person other than persons whom the authorised person may allow to be present and a person nominated to be present by the person on whom the requirement is imposed) such questions as the authorised person may ask.

(h) to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which he considers it necessary to see for the purposes of an examination or investigation under paragraph (c); and

(i) to 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 authorised person to exercise any power conferred on him by this regulation.

(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 or Northern Ireland against that person in any proceedings, or in Scotland against that person in criminal proceedings.

(5) Nothing in paragraph (3) 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 disclosure or discovery in an action in the High Court or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.