PART 4

Enforcement

Powers of authorised persons
22
1
An authorised person may, on production (if so required) of the authority of that person, exercise any of the powers specified in paragraph (2) for the purpose of enforcing these Regulations.
2
The powers of an authorised person are—
a
subject to paragraph (3), to enter premises between the hours of 8 a.m. and 6 p.m. on any working day, other than premises used wholly or mainly for residential purposes, which the authorised person has reason to believe it is necessary for the authorised person to enter;
b
on entering any premises by virtue of sub-paragraph (a), to take with the authorised person—
i
up to four other persons whose presence appears to the authorised person to be required in connection with the exercise by the authorised person of any power under this regulation, including, if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of the duty of the authorised person, a constable; and
ii
any equipment or materials required for any purpose for which the power of entry is being exercised;
c
to make such examination or investigation as may in any circumstances be necessary;
d
as regards any premises which the authorised person has power to enter, to direct that those premises or any part of them, or anything in them, must be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purposes of any examination or investigation under sub-paragraph (c);
e
to take such measurements and photographs and make such recordings as the authorised person considers necessary for the purpose of any examination or investigation under sub-paragraph (c);
f
to take samples of any articles or substances found in or on any premises which the authorised person has power to enter;
g
in the case of any article or substance found in or on any premises which the authorised person has power to enter, being an article or substance which appears to the authorised person to have caused or to be likely to cause pollution of the environment or harm to human health or to the health of animals or plants, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless that is necessary);
h
in the case of any such article or substance, to take possession of it and detain it for so long as is necessary for all or any of the following purposes—
i
to examine it and do to it anything which the authorised person has power to do under sub-paragraph (g);
ii
to ensure that it is not tampered with before the examination by the authorised person is completed;
iii
to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations;
i
to require any person whom the authorised person has reasonable cause to believe to be able to give any information relevant to any examination or investigation under sub-paragraph (c) to answer (in the absence of anyone, other than someone nominated by that person to be present and anyone whom the authorised person may allow to be present) such questions as the authorised person thinks fit to ask and to sign a declaration of the truth of the answers of that person;
j
to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which it is necessary for the authorised person to see for the purposes of any examination or investigation under sub-paragraph (c) and to inspect and take copies of, or of any entry in, the records;
k
to require any person to afford the authorised person 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 of the powers conferred on the authorised person by this regulation.
3
The time limitation specified in paragraph (2)(a) does not apply in relation to offshore installations, Scottish offshore installations or Northern Ireland offshore installations.
4
Where an authorised person proposes to exercise the power conferred by paragraph (2)(g) in the case of an article or substance, the authorised person must, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.
5
Before exercising the power conferred by paragraph (2)(g) in the case of any article or substance, an authorised person must consult such persons as appear to the authorised person appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which the authorised person proposes to do under the power.
6
Where under the power conferred by paragraph (2)(h) an authorised person takes possession of any article or substance found on any premises, the authorised person must—
a
leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that the authorised person has taken possession of it under that power; and
b
before taking possession of any such article or substance under that power, if it is practical to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.
7
Nothing in this regulation is taken to compel the production by any person of a document which the person would be entitled to withhold production of on grounds of—
a
legal professional privilege on an order for disclosure and inspection in an action in the High Court; or
b
confidentiality in proceedings in the Court of Session in Scotland.
8
No person may intentionally prevent any other person from appearing before an authorised person under paragraph (2)(i) or from answering any question to which an authorised person may by virtue of paragraph (2)(i) require an answer.
9
No answer given by a person in pursuance of a requirement imposed under paragraph (2)(i) is admissible in evidence in England, Wales, Scotland or Northern Ireland against that person in any proceedings.
10
In paragraph (2)(a), “working day” means a day which is not—
a
Saturday or Sunday; or
b
Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the premises are situated.
1971 c. 80. See section 1 and Schedule 1, which was amended by section 1 of the St. Andrew's Day Bank Holiday (Scotland) Act 2007 (asp 2).