Chemical Weapons Convention Act 2005 · Updated to 1 Nov 2021 · Part V · International Inspection
41. Warrant for inspection
Feedback & supportWhere the consent of the owner or person in charge of any facility to enter such facility for the purposes referred to in section 39 cannot be obtained, any member of the National Authority or a National Inspector may apply for a warrant on behalf of the International Inspector.
facility
“facility” means any industrial site which comprises any of the following: (a) any works or factory (“plant site”) which is the local integration of one or more plants with any intermediate administrative levels, which are under one operational control, and includes common infrastructure, such as— (i) administration and other offices; (ii) repair and maintenance shops; (iii) medical centres; (iv) utilities; (v) central analytical laboratories; (vi) research and development laboratories; (vii) central effluent and waste treatment areas; and (viii) warehouse storage areas; (b) any production facility or workshop (“plant”) which is a relatively self-contained area, structure or building containing one or more units with auxiliary and associated infrastructure, such as— (i) a small administrative section; (ii) storage or handling areas for feedstock and products; (iii) an effluent or waste handling or treatment area; (iv) a control or analytical laboratory; (v) a first aid service section or a related medical section; and (vi) records associated with the movement into, around and from the site, of declared chemicals and feedstock or products formed from them, as appropriate; (c) any production unit or process unit (“unit”) which is the combination of items of equipment, including vessels and vessel set up, necessary for the production, processing or consumption of a chemical;
A Magistrate to whom an application for a warrant is made under this subsection may, if he is satisfied by information on oath affirmed by any member of the National Authority or a
member
“member” means any member of the National Authority appointed under subsection 6(2);
National Inspector that—
National Inspector
“National Inspector” means a person who is appointed by the Minister under subsection 5(1);
the conditions for entry described in section 39 have been met in relation to that facility;
entry to the facility is necessary for any purpose relating to the administration of this Act; and
entry to the facility has been refused, issue a warrant authorizing the member of the National Authority or a
National Inspector and the named International Inspector to enter the facility for the purposes of the inspection referred to in section 39, subject to such conditions as may be specified in the warrant.