OpenLegislation

Section 20 Monitoring and inspection of Part 2 obligationsI1I2

England and Wales

(1)

Regulations may make provision for—

(a)

monitoring compliance with Part 2 obligations, and

(b)

investigating suspected failures to comply with Part 2 obligations.

(2)

Subject to subsection (3), regulations under this section may, in particular, make provision—

(a)

conferring powers on inspectors—

(i)

to enter premises;

(ii)

to inspect and search premises;

(iii)

to take copies of documents;

(iv)

to take photographs and samples;

(v)

to require the provision of information;

(b)

for allowing inspectors, in carrying out their functions, to be accompanied by other persons;

(c)

for treating matters as relevant breaches (see section 31), including—

(i)

obstructing an inspector;

(ii)

providing false information to an inspector;

(iii)

impersonating an inspector.

(3)

Regulations under this section—

(a)

may not create criminal offences;

(b)

may not authorise an inspector to enter a private dwelling without the consent of the occupier except in exercise of a warrant issued by a justice of the peace;

(c)

may not authorise the use of force to enter premises;

(d)

must contain provision to prohibit information obtained by inspectors under the regulations being used or disclosed otherwise than—

(i)

for the purposes of this Part or Part 6 of the Environmental Protection Act 1990, or

(ii)

for prescribed purposes relating to safeguarding the health and welfare of animals.

(4)

Regulations under this section are subject to the affirmative procedure.

Annotations

Commencement

I1

S. 20 in force at Royal Assent for specified purposes, see s. 48(3)(a)

I2

S. 20 in force at 13.11.2025 for specified purposes by S.I. 2025/575, reg. 2(2)(e)