OpenLegislation

Regulation 86 Enforcement powers

Original text. Later amendments are not shown.

(1)

An appropriate authority may authorise, in writing, a suitable person to exercise the powers of entry and inspection mentioned in paragraph (2).

(2)

The powers of entry and inspection are those set out in section 108(4)(a) to (c), (e), (f) and (h) to (ka) of the EA 1995.

(3)

Section 108(4) of the EA 1995 is to be read as if—

(a)

any reference to an authorised person (however expressed) were a reference to a person authorised under paragraph (1);

(b)

in section 108(4)(a), the words “(or, in an emergency, at any time and, if need be, by force)” were omitted;

(c)

in section 108(4)(f)—

(i)

for “articles or substances” there were substituted “containers (within the meaning of regulation 9 of the Deposit Scheme for Drinks Containers (Wales) Regulations 2026)”;

(ii)

the words “, and of the air, water or land in, on, or in the vicinity of, the premises” were omitted;

(d)

in section 108(4)(h)—

(i)

in the words before sub-paragraph (i), for “article or substance as is mentioned in paragraph (g)” there were substituted “container as is mentioned in paragraph (f)”;

(ii)

in sub-paragraph (iii), for the words “an offence” to the end there were substituted “an offence under regulation 88 or 89, or any other proceedings relating to the imposition of a civil sanction under regulation 92 of the Deposit Scheme for Drinks Containers (Wales) Regulations 2026”;

(e)

in section 108(4)(k)—

(i)

after “computerised form” there were inserted “, including any information recorded electronically”;

(ii)

in sub-paragraph (i) for the words from “the pollution control enactments” to “he acts” there were substituted “the Deposit Scheme for Drinks Containers (Wales) Regulations 2026”;

(f)

in section 108(4)(ka)(ii), the words “(other than an article or substance within paragraph (g))” were omitted.

(4)

Section 108(6) to (7F) of the EA 1995 applies to the applied enforcement powers as it applies to the powers in section 108(4) and is to be read as if—

(a)

any reference to an authorised person (however expressed) were a reference to a person authorised under paragraph (1);

(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(6) and (7), the words “Except in an emergency,” were omitted;

(d)

in section 108(7B)(a), for “the pollution control enactments or flood risk activity enactments” there were substituted “the Deposit Scheme for Drinks Containers (Wales) Regulations 2026”.

(5)

Section 108(12), (12A) and (13) of the EA 1995 applies to the applied enforcement powers as it applies in relation to the powers conferred by section 108(4) of the EA 1995.

(6)

Paragraphs 2 to 6 of Schedule 18 to the EA 1995 (issue of warrants, exercise of powers, information admissible in evidence, duty to secure premises and compensation) apply to the applied enforcement powers as they apply to the powers conferred by section 108(4) but as if—

(a)

any reference to a designated person (however expressed) were a reference to a person authorised under paragraph (1);

(b)

any reference to a relevant power were a reference to an applied enforcement power, including any power exercisable by virtue of a warrant under the provisions of the Schedule as applied by this paragraph;

(c)

in paragraph 6(1), the reference to a power conferred by section 108(4)(a) or (b) or (5) were a reference to an applied enforcement power;

(d)

any reference to “sheriff” were omitted.

(7)

In this regulation—

  • “the applied enforcement powers” (“y pwerau gorfodi cymhwysol”) means the powers conferred by paragraphs (1) and (2), as modified by paragraph (3);

  • “the EA 1995” (“DA 1995”) means the Environment Act 1995f1 as it applies in Wales.

Annotations

Footnotes

f1

1995 c. 25. Section 108 and Schedule 18 were amended by the Environment Act 2021 (c. 30), section 147 and Schedule 10; S.I. 2013/755 (W. 90); S.I. 2016/475 and S.I. 2023/1386. There are other amending instruments but none is relevant to these Regulations.