Paragraph 8A Powers of entry etc.F1

(1)

A person authorised by the Secretary of State under regulation 50B(2) (“P”) may, for the purposes of assisting a competent authority in its enforcement of the Community Regulation and these Regulations—

(a)

at any reasonable time board an offshore installation;

(b)

be accompanied by an authorised person and take any equipment or materials that P thinks may be required;

(c)

make such examination or investigation as P considers necessary (“a necessary examination or investigation”);

(d)

give a direction requiring that any part of the offshore installation be left undisturbed (whether generally or in particular respects) for so long as reasonably necessary for the purposes of a necessary examination or investigation;

(e)

take such measurements and photographs and make such recordings as P considers necessary for the purpose of a necessary examination or investigation;

(f)

take samples of any thing found on the offshore installation or in the atmosphere or any land, seabed (including its subsoil) or water in the vicinity of the offshore installation;

(g)

require any person who P has reasonable cause to believe is able to give any information relevant to a necessary examination or investigation—

(i)

to attend at a place and time specified by P,

(ii)

to answer (in the absence of any person other than persons whom P may allow to be present and a person nominated to be present by the person on whom the requirement is imposed) such questions as P thinks fit to ask, and

(iii)

to sign a declaration of truth of that person’s answers;

(h)

require the production of, and inspect and take copies of or of any entry in, any records which P considers it necessary to see for the purposes of a necessary examination or investigation;

(i)

require any person to afford P such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as P considers are necessary to enable P to exercise any of the powers conferred on P by this Part.

(2)

P must, if requested to do so, produce a duly authenticated authorisation document.

Annotations

Textual amendments

F1: Sch. 5 Pt. 2A inserted (1.5.2014) by The Transfrontier Shipment of Waste (Amendment) Regulations 2014 (S.I. 2014/861), regs. 1, 21(4) (with reg. 23)