B1.15 Powers of Inspectors

The Powers of Inspectors are laid out within Sections 17 and 18 of the Environmental Protection Act 1990.

A summary of these is provided below:

The powers of an inspector as provided in Section 17 are:

To enter premises which he has reason to believe it is necessary for him to enter.
On entering any premises to take with him:
- a duly authorised person (e.g. a policeman)
- any required equipment or materials
To make an examination and investigation.
To request that things are left undisturbed for the purpose of any examination or investigation.
To take measurements and photographs.
To take samples in or on the premises and in the vicinity of the premises.
Require an item to be dismantled or subjected to tests (but not so as to damage or destroy it unless this is necessary).
To take possession of an such article or substance and to detain it to allow:
- Examination.
- To ensure that it is not tampered with before the examination of it is completed.
- To ensure that it is available for use as evidence in any proceedings for an offence.
To require any person to give information relevant to any examination or investigation and to sign a declaration of the truth of his answers.
To require the production any records which are required to be kept and to inspect and take copies of, or of any entry in, the records.
To require any person to afford him facilities and assistance as are necessary to enable the inspector to exercise any of his powers.
Exercise the power conferred by the Secretary of State.

Section 18 deals with the Power to deal with cause of imminent danger of serious harm. This states that:

Where an inspector has reasonable cause to believe that an article or substance is a cause of imminent danger of serious harm, he may seize it and cause it to be rendered harmless (whether by destruction or otherwise).

Where possible, the inspector shall take a sample of it and give to a responsible person at the premises where the article or substance was found.
The sample must be marked in a manner sufficient to identify it.
As soon as possible, the inspector must prepare and sign a written report giving a signed copy of the report to a responsible person at the premises where the article or substance was found and give a signed copy of the report on the owner.