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.

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