Appointment of inspectors for Part VI – EPA 1990 s. 114
Appointment of inspectors for Part VI: remuneration, immunity (s.115/117) if good faith, power to prosecute s.118 offences.
The Secretary of State may appoint as inspectors, for carrying this Part into effect, such number of persons appearing to him to be qualified for the purpose as he may consider necessary. The Secretary of State may make to or in respect of any person so appointed such payments by way of remuneration, allowances or otherwise as he may with the approval of the Treasury determine. An inspector shall not be personally liable in any civil or criminal proceedings for anything done in the purported exercise of any power under section 115 or 117 below if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it. In England and Wales an inspector, if authorised to do so by the Secretary of State, may, . . . prosecute before a magistrates’ court proceedings for an offence under section 118(1) below. In this Part “ inspector ” means, subject to section 125 below, a person appointed as an inspector under subsection (1) above.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section is about the appointment of inspectors to enforce Part VI of the Environmental Protection Act 1990, which deals with genetically modified organisms. The Secretary of State decides how many inspectors are needed and appoints them, paying their salary and expenses as the Treasury approves.
Inspectors have a special protection: they are not personally liable in any civil or criminal proceedings for anything they do while claiming to act under section 115 (rights of entry and inspection) or section 117 (power to deal with imminent danger to the environment), as long as a court finds they acted in good faith and had reasonable grounds for the act.
An inspector can also prosecute someone for an offence under section 118(1) of this Part, but only if the Secretary of State has authorised them to do so, and only in a magistrates' court. The term "inspector" in this Part means a person appointed under this section, subject to any delegation under section 125.
When it applies
- The Secretary of State appoints a qualified scientist as an inspector to oversee a company's containment of genetically modified crops.
- An inspector enters a laboratory under section 115 to inspect records and equipment, and accidentally damages a piece of equipment.
- An inspector, believing a GMO spill poses imminent danger, uses section 117 powers to seal off a field, causing crop loss to the farmer.
- An inspector, authorised by the Secretary of State, brings a prosecution in the magistrates' court against a company for failing to notify under section 118(1).
What this section does not say
- The appointment of inspectors for other parts of the EPA (for example, Part I about integrated pollution control) – this section only covers Part VI.
- The substantive powers of entry (section 115) or dealing with imminent danger (section 117) – those are set out in their own sections.
- The specific criteria or qualifications an inspector must have – the Secretary of State only needs to consider them 'appearing to him to be qualified'.
- The right of an inspector to prosecute offences other than under section 118(1) – that is the only offence mentioned here.
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This page reproduces the text of EPA 1990 s. 114 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.