Regulation 43 Taking steps

(1)

Paragraphs (2) to (6) apply in relation to the exercise of the authority mentioned in regulation 42(1)(a) or (b).

(2)

An approved person must, if required by the occupier of the premises—

(a)

produce evidence of the approved person’s identity (and approval); and

(b)

explain the nature of the authority by (as the case may be)—

(i)

reference to regulation 40(1); or

(ii)

showing a copy of the warrant.

(3)

An approved person may take onto the premises—

(a)

other persons acting under the approved person’s direction;

(b)

such equipment as is necessary in connection with the steps that may be taken there.

(4)

The steps that may be taken by an approved person (or other persons acting under that person’s direction) at the premises include—

(a)

inspecting or measuring any water found there;

(b)

carrying out tests on or taking samples from any soil, water or other substance found there; and

(c)

installing or maintaining any measuring, testing or sampling equipment for use there.

(5)

Except in an emergency, an approved person may enter the premises only at a reasonable time.

(6)

If the premises are unoccupied (or the occupier is temporarily absent), an approved person must leave them as effectively secured against entry as they were when that person entered them.

(7)

In paragraphs (2) to (6), “approved person” means person approved as mentioned in paragraph 42(2).

(8)

In paragraph (5), “an emergency” has the same meaning as it has in regulation 40(6).