Section 79 Power of factory inspectors and local authorities to enter premises and penalty for obstruction.
United Kingdom
F1. . . Any person duly authorised in that behalf by the Minister, the appropriate department, or a local authority having any civil defence functions shall, on producing some duly authenticated document showing his authority, have a right to enter any premises at all reasonable hours for the purpose of—
ascertaining whether there is or has been, on or in connection with the premises, any contravention of or failure to comply with the provisions of this Act or of any notice given or regulation made thereunder which it is the duty of the F2. . . Minister, appropriate department or authority, as the case may be, to enforce;
ascertaining whether or not circumstances exist which would authorise or require any action to be taken under this Act;
otherwise facilitating the performance by the . . . Minister, appropriate department or authority, as the case may be, of his or their civil defence functions.
The provisions of subsections (2), (3), (4) and (5) of section two hundred and eighty-seven of the M1Public Health Act 1936, shall apply for the purposes of this section as they apply for the purposes of that Act as if for the words in the said subsection (2) “authorise the council by any authorised officer” there were substituted the words “authorise the Minister, appropriate department, or local authority by any authorised officer . . .” .
Any person who wilfully obstructs . . .any person duly authorised by the Minister, the appropriate department, or a local authority in the exercise of any right conferred by or by virtue of this section shall be liable on summary conviction to a fine not exceeding F3level 1 on the standard scale.
Annotations
Textual amendments
- F1
Words in s. 79(1)(2)(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XVI Group1
- F2
Words in s. 79(1)(a)(c) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XVI Group1.
- F3
Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G
Marginal citations
- M1
Notes on the whole Act
Textual amendments
- F1
Act repealed (14.11.2005) by Civil Contingencies Act 2004 (c. 36), ss. 32, 34, Sch. 2 para. 1, Sch. 3; S.I. 2005/2040, art. 3(q)(r)