108 Powers of enforcing authorities and persons authorised by them

Powers of entry [Enforcement]

108  Powers of enforcing authorities and persons authorised by them

(1)     A person who appears suitable to an enforcing authority may be authorised in writing by that authority to exercise, in accordance with the terms of the authorisation, any of the powers specified in subsection (4) below for the purpose—

(a)     of determining whether any provision of the pollution control enactments [or flood risk activity enactments] in the case of that authority is being, or has been, complied with;

(b)     of exercising or performing one or more of the pollution control functions [or flood risk activity functions] of that authority; or

(c)     of determining whether and, if so, how such a function should be exercised or performed;

[(d)     of determining whether any of the following offences are being or have been committed—

(i)     an offence under section 110 of this Act;

(ii)     an offence under section 40(1) of the Regulatory Reform (Scotland) Act 2014 (offences relating to significant environmental harm);

(iii)     an offence under section 293(2) of the Criminal Procedure (Scotland) Act 1995 (statutory offences: art and part and aiding or abetting) as it applies in relation to an offence mentioned in sub-paragraph (i) or (ii) above;

(iv)

Powered by Lexis+®

Popular documents