QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
MR JUSTICE PITCHFORD
|THE QUEEN ON THE APPLICATION OF LONDON BOROUGH OF WANDSWORTH||(CLAIMANT)|
|SOUTH WESTERN MAGISTRATES COURT||(DEFENDANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
The DEFENDANT did not appear and was not represented
Crown Copyright ©
Thursday, 1st May 2003
"... be entitled to exercise the powers so specified only within the field of responsibility of the authority which appointed him".
"where the main activity carried on in non-domestic premises is specified in Schedule 1, the local authority for the area in which those premises are situated shall be the enforcing authority for them".
"Subject to the provisions of section 19 and this section, an inspector may, for the purpose of carrying into effect any of the relevant statutory provisions within the field of responsibility of the enforcing authority which appointed him, exercise the powers set out in subsection (2) below".
"(2) The powers of an inspector referred to in the preceding subsection are the following, namely --
(a) at any reasonable time (or, in a situation which in his opinion is or may be dangerous, at any time) to enter any premises which he has reason to believe it is necessary for him to enter for the purpose mentioned in subjection (1) above;
(b) to take with him a constable if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;
(c) without prejudice to the preceding paragraph, on entering any premises by virtue of paragraph (a) above to take with him --
(i) any other person duly authorised by his (the inspector's) enforcing authority; and
(ii) any equipment or materials required for any purpose for which the power of entry is being exercised;
(d) to make such examination and investigation as may in any circumstances be necessary for the purpose mentioned in subsection (1) above;
(e) as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under paragraph (d) above;
(f) to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under paragraph (d) above;
(g) to take samples of any articles or substances found in any premises which he has power to enter, and of the atmosphere in or in the vicinity of any such premises;
(h) in the case of any article or substance found in any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause danger to health or safety, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is in the circumstances necessary for the purpose mentioned in subjection (1) above);
(i) in the case of any such article or substance as is mentioned in the preceding paragraph, to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely --
(i) to examine it and do to it anything which he has power to do under that paragraph;
(ii) to ensure that it is not tampered with before his examination of it is completed;
(iii) to ensure that it is available for use as evidence in any proceedings for an offence under any of the relevant statutory provisions or any proceedings relating to a notice under section 21 or 22;
(j) to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under paragraph (d) above to answer (in the absence of persons other than a person nominated by him to be present and any person whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;
(k) to require the production of, inspect, and take copies of or of any entry in --
(i) any books or documents which by virtue of any of the relevant statutory provisions are required to be kept; and
(ii) any other books or documents which it is necessary for him to see for the purposes of any examination or investigation under paragraph (d) above;
(l) to require any person to afford him 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 are necessary to enable the inspector to exercise any of the powers conferred on him by this section;
(m) any other power which is necessary for the purpose mentioned in subsection (1) above".
"No answer given by a person in pursuance of a requirement imposed under subsection (2)(j) above shall be admissible in evidence against that person or the husband or wife of that person in any proceedings".
"to contravene any requirement imposed by an inspector ..."