Entry and inspectionE+W
26.—(1) A person who appears suitable to the Environment Agency may be authorised in writing by the Environment Agency for the purposes of its functions under these Regulations, or to assist another UK regulator which has equivalent functions, to exercise the powers of entry and inspection referred to in paragraph (2) in England.
(2) The powers of entry and inspection are those set out in section 108(4)(a) to (l) of the 1995 Act (powers of enforcing authorities and persons authorised by them) in relation to England.
(3) For this purpose, section 108(4) of the 1995 Act is to be read as if references to the authorised person were references to a person authorised under paragraph (1) of this regulation and as if—
(a)the words “(or, in an emergency, at any time and, if need be, by force)” in section 108(4)(a) were omitted;
(b)in section 108(4)(f), for the words “articles or substances” to the end, there were substituted “packaging and packaging materials found in or on any premises which that person has power to enter”;
(c)section 108(4)(g) were omitted;
(d)the references in section 108(4)(h) to any article or substance were to any sample which is or may be taken under section 108(4)(f), as modified by sub-paragraph (b), and as if the references to an offence in section 108(4)(h)(iii) were to an offence under regulation 28 of these Regulations;
(e)the reference to records in section 108(4)(k)(i) were to the records and information required to be kept and provided to the Environment Agency under these Regulations;
(f)the words “(other than an article or substance within paragraph (g))” in section 108(4)(ka)(ii) were omitted;
(g)the reference in section 108(4)(1) to the power conferred by section 108 were to the power conferred by this regulation.
(4) The provisions of section 108(6) to (7F) and section 108A of the 1995 Act apply to the powers conferred by paragraphs (1) and (2) above as they apply to the powers conferred by section 108(4) of the 1995 Act respectively as it applies to relation to England, but as if any reference to an authorised person were to a person authorised under paragraph (1) of this regulation, and as if—
(a)in section 108(6) and (7), the words “Except in an emergency” were omitted;
(b)in section 108(6), the words “or to take heavy equipment on to any premises which are to be entered” were omitted;
(c)in section 108(7B)(a), the reference to pollution control enactments or flood risk activity enactments were a reference to these Regulations.
(5) The provisions of section 108(12), (12A) and (13) of the 1995 Act, as they apply in relation to England, apply to the powers conferred by paragraphs (1) and (2) above as they apply to the powers conferred by section 108(4) of the 1995 Act.
(6) The provisions of paragraphs 2 to 6 of Schedule 18 to the 1995 Act (supplemental provisions with respect to powers of entry), as they apply in relation to England, apply to the powers conferred by this regulation as they apply to the powers conferred by section 108 of the 1995 Act respectively, but as if any reference—
(a)to a designated person were to a person authorised in writing by the Environment Agency to exercise on its behalf any power conferred by this regulation;
(b)to a relevant power were to a power conferred by this regulation, including a power exercisable by virtue of a warrant under the provisions of the Schedule as applied by this paragraph; and
(c)in paragraph 6(1) to section 108(4)(a) or (b) or (5) of the 1995 Act were to paragraph (1) of this regulation.
(7) In this regulation—
“the 1995 Act” means the Environment Act 1995;
“warrant” means a warrant under the provisions set out in Schedule 18 to the 1995 Act as applied by paragraph (6) above.
Commencement Information
I1Reg. 26 in force at 28.2.2023, see reg. 1(2)