Section 31.
1 A person entering upon any premises in the exercise of any power conferred by this Act shall, if so required, produce written evidence of his authority before entering.
2 Where it is shown to the satisfaction of a justice of the peace, on sworn information in writing, that admission to premises specified in the information is reasonably required by a person for the purpose of exercising a power conferred by this Act in respect of the premises, the justice, subject to paragraph 3, may by warrant under his hand authorise that person to enter upon the premises.
3 A justice of the peace shall not grant a warrant under paragraph 2 unless he is satisfied—
(a) that admission to the premises for the purpose of exercising the power in question was sought—
(i) in the case of premises to which section 31(1) applies, after not less than twenty-four hours' notice of the intended entry had been given to the occupier, or
(ii) in the case of any other premises, after not less than seven days' notice of the intended entry had been so given, or
(b) that admission to the premises for that purpose was sought in a case of emergency and was refused by or on behalf of the occupier, or
(c) that the premises are unoccupied, or
(d) that an application for admission would defeat the object of the entry.
4 Every warrant granted under this Schedule shall remain in force until the purpose for which the entry is required has been satisfied.
5 Any person who, in the exercise of a power conferred by this Act, enters any premises which are unoccupied, or of which the occupier is temporarily absent, shall leave the premises as effectually secured against unauthorised entry as he found them.
6 Before a person carries out any test on any premises, in the exercise of any power conferred by this Act, he shall consult with such persons having duties on the premises as may appear to him to be appropriate in order to secure that the carrying out of the test does not create any danger.
7 Any power of entry conferred by this Act shall, if exercised under the authority of a warrant granted under this Schedule or in a case of emergency, but not in any other case, include power to enter, if need be, by force.
8 Any power of entry, or of carrying out tests or inspections, or of obtaining or taking away samples, conferred on any person by this Act may be exercised by him either alone or together with any other persons.
9 In this Schedule any reference to a case of emergency shall be construed in accordance with section 31(11).
10 This Schedule shall have effect in relation to Scotland with the substitution for any reference to a justice of the peace of a reference to the sheriff.
Section 40.
1 Sections 48, 81, 82, 141, 259 and 261 of the [1936 c. 49.] Public Health Act 1936.
2 Section 10 of the [1956 c. 52.] Clean Air Act 1956.
3 Section 5 of the Sea [1966 c. 38.] Fisheries Regulation Act 1966.
4 Section 4 of the [1975 c. 51.] Salmon and Freshwater Fisheries Act 1975.
5 Section 59 of the [1984 c. 55.] Building Act 1984.
6 The [1990 c. 10.] Planning (Hazardous Substances) Act 1990.
7 Part III of the [1990 c. 43.] Environmental Protection Act 1990.
8 Sections 72, 111 and 113(6) and Chapter III of Part IV of the [1991 c. 56.] Water Industry Act 1991 and paragraphs 2 to 4 of Schedule 8 to that Act so far as they re-enact provisions of sections 43 and 44 of the [1974 c. 40.] Control of Pollution Act 1974.
9 Sections 82, 84, 85, 86, 87(1), 88(2), 92, 93, 99, 161, 190, 202, 203 and 213 of and paragraph 6 of Schedule 25 to the [1991 c. 57.] Water Resources Act 1991.
10 Section 18 of the [1945 c. 42.] Water Act 1945 so far as it continues to have effect by virtue of Schedule 2 to the [1991 c. 60.] Water Consolidation (Consequential Provisions) Act 1991 or by virtue of provisions of the [1974 c. 40.] Control of Pollution Act 1974 not having been brought into force.
11 Sections 16, 17, 32, 41, 42 and 116 of the [1897 c. 38.] Public Health (Scotland) Act 1897.
12 Sections 10 and 16 of the [1956 c. 52.] Clean Air Act 1956.
13 The [1968 c. 47.] Sewerage (Scotland) Act 1968.
14 Sections 56A to 56N and 97B of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972.
15 Section 201 of the [1973 c. 65.] Local Government (Scotland) Act 1973.
16 Sections 30A, 30B, 30D, 31(1) to (5) and (7) to (10), 31A, 32, 34 to 42, 46, 53, 55 and 56(1) to (4) of the [1974 c. 40.] Control of Pollution Act 1974.
17 Sections 70, 71 and 75 of the [1980 c. 45.] Water (Scotland) Act 1980.
18 Sections 50, 51, 58, 107 and 129 of the [1878 c. 54.] Public Health (Ireland) Act 1878.
19 Section 26 of the [1890 c. 59.] Public Health Acts Amendment Act 1890.
20 Sections 35, 46, 49 and 51 of the [1907 c. 53.] Public Health Acts Amendment Act 1907.
21 Sections 26, 47 and 124 of the [1966 c. 17 (N.I.).] Fisheries Act (Northern Ireland) 1966.
22 Sections 5, 7 and 8 of the [1972 c. 5 (N.I.).] Water Act (Northern Ireland) 1972.
23 Article 34 of the [S.I. 1973/70 (N.I. 2).] Water and Sewerage Services (Northern Ireland) Order 1973.
24 The [S.I. 1981/158 (N.I. 4).] Clean Air (Northern Ireland) Order 1981.
25 The [S.R. (N.I.) 1981/252.] Pollution Control (Special Waste) Regulations (Northern Ireland) 1981.