The Prohibition on Disposal of Food Waste to Sewer (Civil Sanctions) (Wales) Order 2023

Title, coming into force and application

1.—(1) The title of this Order is the Prohibition on Disposal of Food Waste to Sewer (Civil Sanctions) (Wales) Order 2023.

(2) It comes into force on 6 April 2024.

(3) This Order applies in relation to Wales.

Interpretation

2.  In this Order—

“the 1990 Act” (“Deddf 1990”) means the Environmental Protection Act 1990(1);

“enforcement officer” (“swyddog gorfodaeth”) means a person authorised under article 4(1).

Regulator

3.  The regulator, for the purposes of the enforcement of an offence under section 34D(3) of the 1990 Act, is the local authority for the area in which the premises are situated.

Enforcement

4.—(1) The regulator may authorise any person to exercise any of the powers specified in article 6 if that person appears to the regulator suitable to exercise them.

(2) An authorisation under paragraph (1) must be in writing.

Civil sanctions

5.  The Schedule makes provision about the civil sanctions that may be imposed for the purpose of the enforcement of an offence under section 34D(3) of the 1990 Act.

Enforcement officer powers

6.—(1) An enforcement officer may enter any premises at any reasonable time for the purpose of determining whether an offence under section 34D(3) of the 1990 Act is being, or has been, committed.

(2) An enforcement officer must, if requested to do so, produce evidence of that officer’s authority.

(3) A justice of the peace may by signed warrant permit an enforcement officer to enter premises for the purpose of determining whether an offence under section 34D(3) of the 1990 Act is being, or has been, committed, if necessary by reasonable force, if the justice, on sworn information in writing is satisfied that—

(a) there are reasonable grounds to enter those premises, and

(b) any of the conditions in paragraph (4) are met.

(4) The conditions are that—

(a) entry to the premises has been, or is likely to be, refused and notice of the intention to apply for a warrant has been given to the occupier,

(b) asking for entry to the premises, or giving notice of the intention to apply for a warrant, would defeat the object of the entry,

(c) entry is required urgently, or

(d) the premises are unoccupied or the occupier is temporarily absent.

(5) A warrant is valid for one month.

(6) An enforcement officer who enters premises under this article, or a warrant issued under it, may be accompanied by such persons as the enforcement officer considers necessary.

(7) An enforcement officer who enters any unoccupied premises, or premises from which the occupier is temporarily absent, must leave them as effectively secured against unauthorised entry as they were before entry.

(8) An enforcement officer who enters premises under this article, or a warrant issued under it, may—

(a) inspect any records (in whatever form they are held) and take a copy of or seize and detain any records which they have reason to believe may be required as evidence in proceedings under section 34D(3) of the 1990 Act or this Order,

(b) where any such records are stored in electronic form—

(i) have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with the records,

(ii) require any person having charge of, or otherwise concerned with the operation of the computer, apparatus or material to provide such assistance as may reasonably be required, and

(iii) require the records to be produced in a form in which they may be taken away.

(9) An enforcement officer must—

(a) as soon as reasonably practicable after seizure of any records under paragraph (8), provide the occupier with a written receipt identifying those records, and

(b) return the records to the occupier as soon as reasonably practicable once they are no longer required for the purposes of proceedings under section 34D(3) of the 1990 Act or this Order.

(10) An enforcement officer who enters premises under this article, or a warrant issued under it may, for the purposes of investigating offences under section 34D(3) of the 1990 Act or gathering evidence that may be required in proceedings under section 34D(3) of the 1990 Act or this Order—

(a) measure, photograph or take recordings of any part of the premises, any object on the premises or anything that is attached to or otherwise forms part of the premises,

(b) take a sample of any article or substance,

(c) operate any equipment found on the premises,

(d) seize any equipment found on the premises and retain such equipment for so long as is reasonably necessary.

(11) An enforcement officer may destroy or otherwise dispose of any sample taken under this article when the sample is no longer required.

(12) An enforcement officer must—

(a) as soon as reasonably practicable after seizure of any equipment under paragraph (10)(d), provide the occupier with a written receipt identifying the equipment seized, and

(b) return the equipment to the occupier as soon as reasonably practicable once it is no longer required for the purposes of proceedings under section 34D(3) of the 1990 Act or this Order.

(13) This article does not apply to any premises within paragraph (a) or (b) of section 75(5) (domestic property and caravans) of the 1990 Act.

Julie James

Minister for Climate Change, one of the Welsh Ministers

29 November 2023