Sch 5 para 5 Powers to seize waste
(1) This paragraph applies if an authorised person has reasonable grounds to suspect that— (a) the provisions of the Community Regulation or these Regulations are not being, have not been or are not likely to be complied with in respect of any waste; or (b) the shipment, recovery or disposal of any waste cannot be completed in accordance with the notification and movement documents or the contract between the notifier and consignee. (2) An authorised person— (a) may take any or all of the actions specified in sub-paragraph (2A), (2B) or (2C) in relation to that waste; (b) where the action specified in sub-paragraph (2C) is taken, may take either or both of the actions specified in sub-paragraph (2D). (2A) The authorised person may seize the waste. (2B) The authorised person may serve a notice on any person appearing to be in control of the waste prohibiting or restricting the movement of the waste. (2C) The authorised person may serve a notice on any person appearing to be in control of the waste requiring that person to send the waste to a place specified in the notice (referred to in sub-paragraph (2D) as “the specified place”). (2D) The authorised person may serve a notice on any person appearing to be in control of the specified place and involved in the shipment of the waste— (a) requiring that person to accept the waste at that place; (b) prohibiting or restricting the movement of the waste from that place. (3) In this paragraph any reference to waste includes— (a) any thing that the authorised person has reasonable grounds to suspect is waste; and (b) the container in which the waste or thing is carried.