Powers of Entry etc. Bill [HL]
[AS AMENDED IN COMMITTEE]
CONTENTS
1 Interpretation 2 Powers regulated by this Act 3 Exercise of existing powers 4 Powers: general limitations 5 Limitations on powers of entry 6 Times when entry may take place 7 Number of persons permitted to enter premises 8 Production of documents etc. 9 Powers of entry: future primary legislation 10 Seizure of documents 11 Saving 12 Short title, commencement and extent
Schedule 1 — Legislation containing powers of entry Part 1 — Acts containing powers of entry, or authorising the making of regulations containing such powers Part 2 — Secondary legislation containing powers of entry Schedule 2 — Code of Practice for the regulation of powers of entry
HL Bill 71 54/3 Powers of Entry etc. Bill [HL] 1
A BILL
[AS AMENDED IN COMMITTEE]
TO
Regulate powers of entry and powers in relation to documents; and for connected purposes.
E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present BParliament assembled, and by the authority of the same, as follows:—
1 Interpretation In this Act— “authorised person” means a person authorised by the Minister responsible for the enforcement of an Act or instrument containing powers, and 5 “powers” means the powers listed in section 2.
2 Powers regulated by this Act This Act regulates the exercise of powers of— (a) entry to any land or premises, for the purposes of— (i) ascertaining whether an offence has been committed, 10 (ii) ascertaining whether the provisions of an Act of Parliament, or of an item of secondary legislation, have been complied with, (iii) inspecting the land or premises or any activity taking place thereon, or (iv) surveying or carrying out works on the land or premises, 15 (b) examination, production and seizure of objects, documents and electronic records, (c) compulsion in relation to the production of documents.
HL Bill 71 54/3 2 Powers of Entry etc. Bill [HL] 3 Exercise of existing powers The powers contained in or authorised by regulations made under the Acts listed in Schedule 1 to this Act shall be exercised subject to sections 5 to 10 of this Act.
4 Powers: general limitations 5 Any powers contained in any Act or instrument passed after the coming into force of this Act shall be exercised subject to sections 5 to 10 of this Act, unless the Act or instrument provides to the contrary.
5 Limitations on powers of entry No power of entry to which this Act applies shall be exercised unless— 10 (a) the procedures set out in the Code of Practice contained in Schedule 2 to this Act have been followed, or (b) the entry is necessary to avert danger to life or property.
6 Times when entry may take place Unless otherwise specified in a warrant or other order of a court or a 15 magistrate— (a) no power of entry shall be exercised on a bank holiday or other nationally recognised public holiday, and (b) no entry shall take place except— (i) between 8am and 6pm on Mondays to Fridays, 20 (ii) in relation to business premises, at any other time when the premises are open for business.
7 Number of persons permitted to enter premises The maximum number of persons who may enter premises shall be four, including the authorised person, unless a warrant or other order of a court or 25 magistrate provides otherwise.
8 Production of documents etc. (1) No power compelling the production of documents or electronic records (“documents etc.”) shall be exercised unless the requirements of subsection (2) have been satisfied. 30 (2) The requirements are that— (a) the power is exercised subject to an order of a judge or magistrate issued following an application in accordance with subsection (3), (b) the order shall fix a deadline for the production of the documents etc. which shall be no earlier than 5pm on the seventh working day 35 following the making of the order, (c) the documents etc. shall be produced at the place of business or residence of the person on whom the order is served, (d) the order shall state the period of time for which the documents etc. will be held. 40 Powers of Entry etc. Bill [HL] 3
(3) An order under subsection (2)(a) may only be made following an application by an authorised person. (4) An application under subsection (3) shall be supported by evidence, on oath, that the authorised person reasonably believes that the production of the documents etc. is necessary pursuant to the provisions of the relevant Act or 5 instrument.
9 Powers of entry: future primary legislation (1) Any provision regarding powers of entry in any public bill introduced into Parliament after this Act has received Royal Assent shall meet the requirements of subsection (2). 10 (2) The requirements are that— (a) the circumstances in which a power of entry may be exercised are clearly specified, (b) the person who has power to authorise the exercise of any such power shall be clearly identified, 15 (c) the procedure for authorising the exercise of a power of entry shall include requirements that— (i) written authorisation is required for the exercise of such a power, (ii) such authorisation shall state clearly the legislation which 20 contains the power of entry, and (iii) a copy of the written authorisation shall be given to the person or persons whose premises are entered.
10 Seizure of documents (1) No seizure of documents etc. shall take place without an order under 25 subsection (6). (2) Before applying for an order under subsection (6), the authorised person shall notify the person having charge of the documents etc. that the documents etc. are required. (3) The notification under subsection (2) shall state the reason why the documents 30 etc. are required, and shall specify the relevant Act or instrument. (4) The notification shall inform the person having charge of the documents etc. that he may provide electronic or paper copies of them to the authorised person; and shall specify— (a) the latest date and time for the provision of such copies, and 35 (b) the place where the copies shall be provided. (5) If the copies of the documents etc. are provided in accordance with subsection (4), no order for seizure may be made. (6) If copies of the documents etc. are not provided in accordance with subsection (4), an authorised person may apply to a judge or magistrate for an order 40 permitting seizure of documents etc. (7) The application shall be supported by evidence from the authorised person, on oath, that the seizure is necessary pursuant to the provisions of the relevant Act or instrument. 4 Powers of Entry etc. Bill [HL] 11 Saving Nothing in this Act shall apply to powers exercised by police offers or members of the security or intelligence services.
12 Short title, commencement and extent (1) This Act shall be cited as the Powers of Entry etc. Act 2008. 5 (2) This Act shall come into force at the end of the period of three months beginning with the day on which it is passed. (3) This Act extends to— (a) England and Wales, (b) Scotland, and 10 (c) Northern Ireland. Powers of Entry etc. Bill [HL] 5 Schedule 1 — Legislation containing powers of entry
SCHEDULES
SCHEDULE 1 Section 3
LEGISLATION CONTAINING POWERS OF ENTRY
PART 1
ACTS CONTAINING POWERS OF ENTRY, OR AUTHORISING THE MAKING OF REGULATIONS 5 CONTAINING SUCH POWERS
Adoption Act 1976 Adoption and Children Act 2002 Agriculture Act 1947 Agriculture Act 1967 10 Agriculture Act 1970 Agriculture and Horticulture Act 1964 Agriculture Marketing Act 1958 Agricultural Produce (Grading and Marking Act) 1928 Agriculture Wages Act 1948 15 Airforce Act 1955 Alcoholic Liquor Duties Act 1979 Anatomy Act 1984 Ancient Monuments and Archaeological Areas Act 1979 Animal Boarding Establishments Act 1963 20 Animal Health Act 1981 Animal Health Act 2002 Animal Welfare Act 2006 Animal (Scientific Procedures) Act 1986 Anti-social Behaviour Act 2003 25 Anti-terrorism, Crime and Security Act 1990 Appellate Jurisdiction Act 1876 Arbitration Act 1996 Armed Forces Act 2001 Army Act 1955 30 Asylum and Immigration Act 1996 Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 Atomic Energy Act 1946 Aviation and Maritime Security Act 1990 Aviation Security Act 1982 35 Bankers’ Books Evidence Act 1879 Banking Act 1987 6 Powers of Entry etc. Bill [HL] Schedule 1 — Legislation containing powers of entry Part 1 — Acts containing powers of entry, or authorising the making of regulations containing such powers
Bees Act 1980 Betting and Gaming Duties Act 1981 Betting, Gaming and Lotteries Act 1963 Biological Weapons Act 1974 Breeding of Dogs Act 1991 5 British Fishing Boats Act 1983 British Railways Act 1993 Broadcasting Act 1990 Broadcasting Act 1996 Building Act 1984 10 Cable and Broadcasting Act 1984 Caravan Sites and Control of Development Act 1960 Care Standards Act 2000 Channel Tunnel Act 1987 Charities Act 1993 15 Chemical Weapons Act 1996 Child Support Act 1991 Childcare Act 2006 Children (Scotland) Act 1995 Children Act 1989 20 Children Act 2004 Children and Adoption Act 2002 Children and Young Persons (Harmful Publications) Act 1955 Children and Young Persons Act 1933 Children and Young Persons Act 1963 25 Children and Young Persons Act 1969 Cinemas Act 1985 City of London (Various Powers) Act 1950 City of London (Various Powers) Act 1961 City of London (Various Powers) Act 1965 30 City of London (Various Powers) Act 1977 Civil Aviation Act 1982 Civil Evidence Act 1968 Civil Procedure Act 1997 Clean Air Act 1956 35 Clean Air Act 1993 Clean Neighbourhoods and Environment Act 2005 Coal Industry Act 1994 Coal Mining Subsistence Act 1991 Coast Protection Act 1949 40 Commissioner for Older People (Wales) Act 2006 Common Law Procedure Act 1852 Commonhold and Leasehold Reform Act 2002 Communications Act 2003 Community Land Act 1975 45 Companies Act 1929 Companies Act 1985 Powers of Entry etc. Bill [HL] 7 Schedule 1 — Legislation containing powers of entry Part 1 — Acts containing powers of entry, or authorising the making of regulations containing such powers
Compensation Act 2006 Competition Act 1998 Compulsory Purchase Act 1965 Computer Misuse Act 1990 Conservation of Seals Act 1970 5 Consumer Credit Act 1974 Consumer Protection Act 1987 Contempt of Court Act 1981 Control of Pollution Act 1974 Control of Pollution (Amendment) Act 1989 10 Copyright, Designs and Patents Act 1988 Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002 Countryside Act 1968 Countryside and Rights of Way Act 2000 County Courts Act 1984 15 Courts Act 1971 Courts Act 2003 Crime (International Cooperation) Act 2003 Crime (Sentences) Act 1997 Crime and Disorder Act 1998 20 Criminal Appeal Act 1968 Criminal Damage Act 1971 Criminal Justice (International Cooperation) Act 1990 Criminal Justice (Scotland) Act 1987 Criminal Justice Act 1925 25 Criminal Justice Act 1987 Criminal Justice Act 1988 Criminal Justice and Police Act 2001 Criminal Justice and Public Order Act 1994 Criminal Law Act 1967 30 Criminal Law Act 1977 Criminal Libel Act 1819 Crossbows Act 1987 Crown Proceedings Act 1947 Customs and Excise Management Act 1979 35 Customs Consolidation Act 1876 Dangerous Dogs Act 1991 Dangerous Wild Animals Act 1976 Data Protection Act 1984 Data Protection Act 1998 40 Deer Act 1991 Dentists Act 1984 Development of Tourism Act 1969 Disability Discrimination Act 1995 Diseases of Fish Act 1937 45 Distress for Rent Act 1689 Distress for Rent Act 1737 8 Powers of Entry etc. Bill [HL] Schedule 1 — Legislation containing powers of entry Part 1 — Acts containing powers of entry, or authorising the making of regulations containing such powers
Dogs (Protection of Livestock) Act 1953 Dogs Act 1906 Dramatic and Musical Performers’ Protection Act 1958 Drug Trafficking Act 1986 Drug Trafficking Act 1994 5 Education Act 1996 Education Act 1997 Education Act 2005 Education and Inspections Act 2006 Education Reform Act 1988 10 Electricity Act 1989 Emergency Laws (Re-enactments and Repeals) Act 1964 Employment Agencies Act 1973 Employment and Training Act 1973 Endangered Species (Import and Export) Act 1976 15 Energy Act 1976 Energy Conservation Act 1981 Enterprise Act 2002 Environment Act 1995 Environment Protection Act 1985 20 Environmental Protection Act 1990 Estate Agents Act 1979 European Communities Act 1972 Explosive Substances Act 1883 Explosives Act 1875 25 Extradition Act 2003 Fair Trading Act 1973 Family Law Act 1986 Finance Act 1946 Finance Act 1976 30 Finance Act 1985 Finance Act 1986 Finance Act 1988 Finance Act 1991 Finance Act 1993 35 Finance Act 1994 Finance Act 1995 Finance Act 1996 Finance Act 1997 Finance Act 2000 40 Finance Act 2001 Finance Act 2003 Financial Services Act 1986 Financial Services and Markets Act 2000 Fire and Rescue Services Act 2004 45 Fire Precautions Act 1971 Fire Safety and Safety of Places of Sport Act 1987 Powers of Entry etc. Bill [HL] 9 Schedule 1 — Legislation containing powers of entry Part 1 — Acts containing powers of entry, or authorising the making of regulations containing such powers
Fire Services Act 1947 Firearms (Amendment) Act 1988 Firearms Act 1968 Fisheries Act 1981 Food and Environment Protection Act 1985 5 Food Safety Act 1990 Food Standards Act 1999 Football (Offences) Act 1991 Football Spectators Act 1989 Forgery Act 1913 10 Forgery and Counterfeiting Act 1981 Freedom of Information Act 2000 Fur Farming (Prohibition) Act 2000 Gambling Act 2005 Game Act 1831 15 Game Laws (Amendment) Act 1960 Gaming (Bingo) Act 1985 Gaming Act 1968 Gangmasters (Licensing) Act 2004 Gas Act 1965 20 Gas Act 1986 Gas Act 1995 Goods Vehicles (Licensing of Operators) Act 1995 Government of Wales Act 1998 Greater London Council (General Powers) Act 1968 25 Greater London Council (General Powers) Act 1981 Greater London Council (General Powers) Act 1984 Gun Barrel Proof Act 1868 Harbours Docks and Piers Clauses Act 1847 Health Act 2006 30 Health and Safety at Work etc. Act 1974 Health and Social Care (Community Health and Standards) Act 2003 Highways Act 1980 Hill Farming Act 1946 Housing Act 1957 35 Housing Act 1985 Housing Act 1986 Housing Act 1996 Housing Act 2004 Human Fertilisation and Embryology Act 1990 40 Human Rights Act 1998 Human Tissue Act 2004 Hydrocarbon Oil Duties Act 1979 Hypnotism Act 1952 Immigration Act 1971 45 Immigration and Asylum Act 1999 Immigration and Asylum Act 2002 10 Powers of Entry etc. Bill [HL] Schedule 1 — Legislation containing powers of entry Part 1 — Acts containing powers of entry, or authorising the making of regulations containing such powers
Import, Export and Customs Powers (Defence) Act 1939 Incitement to Disaffection Act 1934 Income and Corporation Taxes Act 1988 Indecent Displays (Control) Act 1981 Inheritance Tax Act 1984 5 Insolvency Act 1986 Insurance Companies Act 1982 Interception of Communications Act 1985 International Criminal Court Act 2001 International Carriage of Perishable Foodstuffs Act 1976 10 International Road Haulage Permits Act 1975 Interpretation Act 1978 Jobseekers Act 1995 Judgments Act 1838 Knives Act 1997 15 Land Drainage Act 1991 Land Powers (Defence) Act 1958 Land Tax Act 1797 Landlord and Tenant Act 1927 Landlord and Tenant Act 1985 20 Landmines Act 1998 Law of Distress Amendment Act 1888 Law of Distress Amendment Act 1908 Learning and Skills Act 2000 Leasehold Reform, Housing and Urban Development Act 1993 25 Licensing Act 1964 Licensing Act 2003 Local Government (Miscellaneous Provisions) Act 1976 Local Government (Miscellaneous Provisions) Act 1982 Local Government Act 1988 30 Local Government and Housing Act 1989 Local Government Finance Act 1988 Local Government Finance Act 1992 Local Government, Planning and Land Act 1980 London Building Act 1930 35 London Building Acts (Amendment) Act 1939 London County Council (General Powers) Act 1912 London County Council (General Powers) Act 1920 London County Council (General Powers) Act 1948 London County Council (General Powers) Act 1949 40 London County Council (General Powers) Act 1956 London County Council (General Powers) Act 1957 London County Council (General Powers) Act 1959 London County Council (General Powers) Act 1963 London Government Act 1963 45 London Local Authorities Act 1991 London Local Authorities Act 1995 Powers of Entry etc. Bill [HL] 11 Schedule 1 — Legislation containing powers of entry Part 1 — Acts containing powers of entry, or authorising the making of regulations containing such powers
London Local Authorities Act 1996 London Local Authorities Act 2004 London Olympic Games and Paralympic Games Act 2006 Lotteries and Amusements Act 1976 Magistrates’ Courts Act 1980 5 Marine, etc., Broadcasting (Offences) Act 1967 Matrimonial Causes Act 1973 Medicines Act 1968 Merchant Shipping Act 1995 Metropolis Management (Thames River Prevention of Floods) 10 Amendment Act 1879 Metropolis Water Act 1852 Metropolitan Police Act 1839 Metropolitan Water Board Act 1927 Milk (Cessation of Production) Act 1985 15 Mineral Workings Act 1985 Misuse of Drugs Act 1971 National Assistance Act 1948 National Health Service (Wales) Act 2006 National Health Service Act 2006 20 National Health Service and Community Care Act 1990 National Health Service Reform and Health Care Professions Act 2002 National Heritage Act 1983 National Minimum Wage Act 1998 National Parks and Access to the Countryside Act 1949 25 Natural Environment and Rural Communities Act 2006 New Roads and Street Works Act 1991 Night Poaching Act 1828 Noise Act 1996 Noise and Statutory Nuisance Act 1993 30 Nuclear Explosions (Prohibitions and Inspections) Act 1998 Nuclear Safeguards Act 2000 Nuclear Safeguards and Electricity (Finance) Act 1978 Obscene Publications Act 1876 Obscene Publications Act 1959 35 Offences Against the Person Act 1861 Offensive Weapons Act 1996 Official Secrets Act 1911 Official Secrets Act 1989 Oil Taxation Act 1975 40 Olympic Symbol etc. (Protection Act) 1995 Ordnance Survey Act 1841 Party Wall Act 1996 Pension Schemes Act 1993 Pensions Act 1993 45 Pensions Act 1995 Pensions Act 2004 12 Powers of Entry etc. Bill [HL] Schedule 1 — Legislation containing powers of entry Part 1 — Acts containing powers of entry, or authorising the making of regulations containing such powers
Performing Animals (Regulation) Act 1925 Perjury Act 1911 Pests Act 1954 Pet Animals Act 1951 Petroleum (Consolidation) Act 1928 5 Pipelines Act 1962 Planning (Hazardous Substances) Act 1990 Planning (Listed Buildings and Conservation Areas) Act 1990 Planning and Compensation Act 1991 Plant Health Act 1967 10 Plant Varieties and Seeds Act 1964 Poaching Prevention Act 1862 Poisons Act 1972 Police (Property) Act 1897 Police (Property) Act 1997 15 Police Act 1964 Police Act 1966 Police Act 1996 Police Act 1997 Police and Criminal Evidence Act 1984 20 Police Reform Act 2002 Political Parties, Elections and Referendums Act 2000 Port of London Act 1968 Postal Services Act 2000 Powers of Criminal Courts (Sentencing) Act 2000 25 Powers of Criminal Courts Act 1973 Prevention of Crime Act 1908 Prevention of Crime Act 1953 Prevention of Damage by Pests Act 1949 Prevention of Terrorism Act 1989 30 Prices Act 1974 Private Security Industry Act 2001 Proceeds of Crime Act 1995 Proceeds of Crime Act 2002 Property Misdescriptions Act 1991 35 Protection from Harassment Act 1997 Protection of Animals Act 1911 Protection of Badgers Act 1992 Protection of Children Act 1978 Public Health (Control of Disease) Act 1984 40 Public Health Act 1875 Public Health Act 1936 Public Health Act 1961 Public Order Act 1936 Public Order Act 1984 45 Public Order Act 1986 Public Stores Act 1875 Powers of Entry etc. Bill [HL] 13 Schedule 1 — Legislation containing powers of entry Part 1 — Acts containing powers of entry, or authorising the making of regulations containing such powers
Radioactive Material (Road Transport) Act 1991 Railways Act 1993 Railways and Transport Safety Act 2003 Refuse Disposal (Amenity) Act 1978 Regional Development Agencies Act 1998 5 Regulation of Investigatory Powers Act 2000 Rent (Agriculture) Act 1976 Rent Act 1965 Rent Act 1968 Rent Act 1977 10 Reservoirs Act 1975 Riding Establishments Act 1964 Rights of Entry (Gas and Electricity Boards) Act 1954 Rights of Way Act 1990 Road Traffic Act 1971 15 Road Traffic Act 1988 Road Traffic Offenders Act 1988 Road Traffic Regulation Act 1984 Safety of Sports Grounds Act 1975 Salmon Act 1986 20 Salmon and Freshwater Fisheries Act 1975 Schools Inspection Act 1996 Scrap Metal Dealers Act 1964 Sea Fish (Conservation) Act 1967 Sea Fish (Conservation) Act 1992 25 Sea Fisheries (Shellfish) Act 1967 Sea Fisheries Act 1968 Sea Fisheries Regulation Act 1966 Serious Organised Crime and Police Act 2005 Sexual Offences Act 1956 30 Sexual Offences Act 1985 Sexual Offences Act 2003 Shipping and Trading Interest (Protection) Act 1995 Slaughter of Poultry Act 1967 Slaughterhouses Act 1974 35 Social Security (Incapacity for Work) Act 1994 Social Security (Recovery of Benefits) Act 1997 Social Security Act 1973 Social Security Act 1998 Social Security Administration Act 1992 40 Social Security Contributions and Benefits Act 1992 Solicitors Act 1974 Sporting Events (Control of Alcohol etc.) Act 1985 Stamp Act 1891 Sunday Trading Act 1994 45 Supreme Court Act 1981 Taking of Hostages Act 1982 14 Powers of Entry etc. Bill [HL] Schedule 1 — Legislation containing powers of entry Part 1 — Acts containing powers of entry, or authorising the making of regulations containing such powers
Taxation of Chargeable Gains Act 1992 Taxes Management Act 1970 Telecommunications Act 1984 Terrorism Act 2000 Terrorism Act 2006 5 Theatres Act 1968 Theft Act 1968 Theft Act 1978 Tobacco Advertising and Promotions Act 2002 Torts (Interference with Goods) Act 1977 10 Town and Country Planning Act 1971 Town and Country Planning Act 1990 Trade Descriptions Act 1968 Trade Descriptions Act 1972 Trade Marks Act 1994 15 Trading with the Enemy Act 1939 Transport Act 1968 Transport Act 1981 Transport and Works Act 1992 Tribunals, Courts and Enforcement Act 2007 20 Utilities Act 2000 Value Added Tax Act 1994 Vehicles (Crime) Act 2001 Video Recordings Act 1984 Waste and Emissions Trading Act 2003 25 Water Act 1945 Water Industry Act 1991 Water Resources Act 1991 Weeds Act 1959 Weights and Measures Act 1985 30 Welfare Reform and Pensions Act 1999 Welsh Development Agency Act 1975 Wildlife and Countryside Act 1981 Wireless Telegraphy Act 1949 Wireless Telegraphy Act 2006 35 Youth Justice and Criminal Evidence Act 1999 Zoo Licensing Act 1981
PART 2
SECONDARY LEGISLATION CONTAINING POWERS OF ENTRY
Aerosol Dispensers (EEC Requirements) Regulations 1977 40 African Swine Fever Order 1980 Aujesky’s Disease Order 1983 Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 Cattle Plague Order 1928 45 Powers of Entry etc. Bill [HL] 15 Schedule 1 — Legislation containing powers of entry Part 2 — Secondary legislation containing powers of entry
Channel Tunnel (Security) Order 1994 Civil Procedure Rules 1998 Companies (Northern Ireland) Order 1986 Consumer Credit (Entry and Inspection) Regulations 1977 Conveyance of Live Poultry Order 1919 5 Council Tax (Administration and Enforcement) Regulations 1992 County Court Rules 1981 Criminal Justice Act 1988 (Offensive Weapons) Order 2002 Dangerous Substances and Explosive Atmospheres Regulations 2002 Defence (Control of Textiles) Regulations 1945 10 Diseases of Animals (Seizure) Order 1993 Disposals of Vehicles Regulations 1968 Distress for Customs and Excise Duties and Other Indirect Taxes Regulations 1997 Distress for Rent (Amendment) Rules 1999 15 Distress for Rent Rules 1988 Dutch Elm Disease (Local Authorities) Order 1984 Equipment Regulations 2004 Farm and Horticultural Development Regulations 1981 Feeding Stuffs (Sampling and Analysis) Regulations 1999 20 Fertilisers (Sampling and Analysis) Regulations 1996 Fire Precautions (Workplace) Regulations 1997 Gas (Road Fuel) Regulations 1972 Gas Safety (Rights of Entry) Regulations 1996 Grading of Horticultural Produce (Form of Labels) Regulations 1982 25 Health and Safety (Enforcing Authority) Regulations 1998 High Court and County Courts Jurisdiction Order 1991 Hops Certification Regulations 1979 Hydrocarbon Oil (Amendment) Regulations 1977 Hydrocarbon Oil (Amendment) Regulations 1981 30 Hydrocarbon Oil (Amendment) Regulations 1985 Hydrocarbon Oil (Amendment) Regulations 1992 Hydrocarbon Oil (Amendment) Regulations 1993 Hydrocarbon Oil (Industrial Reliefs) Regulations 2002 Hydrocarbon Oil (Payment of Rebates) Regulations 1996 35 Hydrocarbon Oil Regulations 1973 Import of Goods (Control) Order 1954 Importation of Processed Animal Protein Order 1981 Income Tax (Pay As You Earn) Regulations 2003 Income Tax (Sub-Contractors in the Construction Industry) Regulations 40 1993 Infectious Diseases of Horses Order 1987 Inspection of Boarding School and Colleges (Powers and Fees) (Wales) Regulations 2002 Magistrates’ Courts Rules 1981 45 Medicines (Animal Feeding Stuffs) (Enforcement) Regulations 1985 Mental Health Act 1983 (Remedial) Order 2001 Methylated Spirits Regulations 1987 16 Powers of Entry etc. Bill [HL] Schedule 1 — Legislation containing powers of entry Part 2 — Secondary legislation containing powers of entry
National Care Standards Commission (Inspection of Schools and Colleges) Regulations 2000 Orders for the Delivery of Documents (Procedure) Regulations 2000 Plant Health (Forestry) (Great Britain) Order 1993 Plant Health (Great Britain) Order 1993 5 Plant Health (Phytophthora ramorum) (England) (No 2) Order 2002 Plant Health (Phytophthora ramorum) (Wales) (No 2) Order 2002 Police (Property) Regulations 1997 Police Act 1997 (Notification of Authorisations etc.) Order 1998 Police and Criminal Evidence Act 1984 (Application to Armed Forces) 10 (Amendment) Order 1990 Police and Criminal Evidence Act 1984 (Application to Customs and Excise) (Amendment) Order 1985 Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) (Amendment) Order 2007 15 Potatoes Originating in Germany, Notification (England) (Order) 2001 Potatoes Originating in Germany, Notification (Wales) (Order) 2001 Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989) Order 2003 20 Property Misdescriptions (Specified Matters) Order 1992 Rabies (Control) Order 1974 Rules of the Supreme Court 1965 Seed Potatoes Regulations 1991 Specified Pathogens Order 1998 25 Specified Risk Material Order 1997 Spirits Regulations 1991 Stamp Duty Reserve Tax Regulations 1986 Swine Vesicular Disease Order 1972 Telecommunications (Lawful Business Practice) (Interception of 30 Communications) Regulations 2000 The Competition Act 1998 and Other Enactments (Amendment) Regulations 2004 Tuberculosis (England and Wales) Order 1984 Warble Fly (England and Wales) Order 1982 35 Weeds Act 1959 Zoonoses Order 1975
SCHEDULE 2 Section 5
CODE OF PRACTICE FOR THE REGULATION OF POWERS OF ENTRY
Introduction 40
1 This Code of Practice (“the Code”) applies to the exercise of powers of entry contained in the statutes, or regulations made under them, listed in Schedule 1 to this Act. Powers of Entry etc. Bill [HL] 17 Schedule 2 — Code of Practice for the regulation of powers of entry
2 The Code does not apply to the exercise of such powers by police officers, members of the security or intelligence services, or officers of HM Revenue and Customs. 3 The Code applies to entry to business premises as well as dwellings, and to entry to land, whether or not there are buildings on the land. 5 4 (1) Any exercise of a power of entry to private property is likely to involve a conflict with the right to private life guaranteed by Article 8 of the European Convention on Human Rights. (2) This right extends to business premises. (3) A power of entry without consent should only be used where it is necessary 10 to achieve its purpose. (4) The way in which the power is used must be proportionate to that purpose. (5) Before a power is used, consideration must be given to whether the purpose could be achieved by less intrusive means. 5 In all cases those exercising powers should do so courteously and with 15 respect for persons and property, and where a power authorises the use of force, only the minimum force necessary to achieve the purposes of the power may be used.
General
6 A copy of the Code must be carried by all those exercising the powers to 20 which it applies, and made available to the occupier of any premises entered. 7 All those exercising a power to which the Code applies must carry with them an official form of identification issued by their employer, containing— 25 (a) their name, photograph and job title; and (b) the address, telephone number and (if available) facsimile number and email address of their place of work. 8 In the Code “working day” excludes Saturdays, Sundays, bank holidays and other public holidays. 30 9 Where a provision of the Code requires notice to be given in writing, a notice sent by email will satisfy this requirement.
Entry with consent
10 Where it is proposed to exercise the power of entry on the basis of the consent of the owner or occupier, at least two working days’ notice, or such 35 longer period as may be specified in the relevant statutory provision, should be given. 11 The notice should be in writing and addressed to the owner, occupier or other person appearing to be in charge of the premises. 12 The notice should— 40 (a) state the statutory provision under which the power is to be exercised; 18 Powers of Entry etc. Bill [HL] Schedule 2 — Code of Practice for the regulation of powers of entry
(b) state the purpose of the proposed entry; (c) state the date and time when it is proposed that the power should be exercised; (d) give the names of all those who are proposing to enter the premises; and 5 (e) provide details of who should be contacted if the person to whom the notice is addressed objects to the exercise of the power, or to its exercise at the proposed time.
Entry without consent
13 Where it is proposed to exercise a power of entry without consent, and 10 without a warrant, at least two working days’ notice, or such longer period as may be specified in the relevant statutory provision, should be given, unless to do so would defeat the purpose of the entry. 14 The notice should be in writing and addressed to the owner, occupier or other person appearing to be in charge of the premises. 15 15 The notice should contain the same information as set out in paragraph 12 above.
Entry under warrant
16 Where it is proposed to exercise a power of entry under warrant, the procedures set out in the legislation providing the power must be followed. 20
Time of entry
17 Entry to land or premises must always take place at a reasonable time. 18 For premises used as a dwelling a “reasonable” time means between 8am and 6pm on any working day, or a time agreed in advance with the occupier. 19 For other land or premises a “reasonable” time means between 8am and 6pm 25 on any working day, or any time at which the land or premises are open for business, or a time agreed in advance with the occupier. 20 Land or premises are to be regarded as open for business at any time when they are open to receive visitors, customers or other members of the public.
Procedures on entry 30
21 These procedures apply to entry with or without consent, or under warrant. 22 On arrival at the premises, the person in charge of the exercise of the power should attempt to make contact with the occupier of the premises, or the person appearing to be in charge of them. 23 If this is impossible (for example, because the premises are unoccupied), or 35 would frustrate the purposes of an entry without consent or under warrant, the procedures set out in paragraphs 25 and 26 below must be followed. 24 The person in charge of the exercise of the power must show to the occupier, if present, or any person appearing to be in charge of the premises, the form of identification required by paragraph 7 above, and he must explain in 40 straightforward language— Powers of Entry etc. Bill [HL] 19 Schedule 2 — Code of Practice for the regulation of powers of entry
(a) the statutory authority under which the power of entry is being exercised; (b) the purpose of the entry; (c) the number of people who will be entering the premises, and their roles; 5 (d) the likely duration of the entry; and (e) the consequences of obstructing the entry (where there is power to enter without consent). 25 Where the procedures set out in paragraph 24 above are not followed prior to the entry, they must be followed as soon as possible thereafter. 10 26 If the premises are unoccupied, or no person is present, a written notice giving the information as set out in paragraph 24 above and specifying the outcome of the entry must be left in a prominent place on the premises.
Conduct of inspection, search, etc.
27 The extent of any inspection, search, etc. must be strictly limited to the 15 purposes for which entry is authorised. 28 When only one person is present on the premises at the time when a power is to be exercised, a friend, neighbour or other person should be allowed to witness the exercise of the power, unless the person in charge of the entry has reasonable grounds to believe that this would seriously disrupt the 20 purposes of the entry, or would lead to an unreasonable delay in its exercise. 29 As soon as the purpose, or purposes, for which the entry is authorised have been achieved, all those taking part in the entry must leave the premises. 30 If any property is damaged in the course of the exercise of a power of entry, the authority authorising the entry will be responsible for its repair, or the 25 payment of compensation to the owner of the property. 31 Premises must be left as secure as they were found.
Register of exercise of powers
32 Any authority which has responsibility for the exercise of a power of entry to which the Code applies, shall keep a record of all uses of the power. 30 33 The record shall include— (a) the statutory provision under which the power was exercised; (b) the date and time of the exercise of the power; (c) the address of the premises or land entered; (d) the name of the person in charge of the exercise of the power; and 35 (e) the outcome of the exercise of the power (for example, whether it led to any further action). 34 Any authority which has responsibility for the exercise of powers of entry to which the Code applies shall publish annually statistics detailing— (a) the number of occasions on which an entry power has been used; and 40 (b) the number of uses of the power which led to further action being taken. Powers of Entry etc. Bill [HL]
A BILL
[AS AMENDED IN COMMITTEE]
To regulate powers of entry and powers in relation to documents; and for connected purposes.
Lord Selsdon
Ordered to be Printed, 26th June 2008
© Parliamentary copyright House of Lords 2008 Applications for reproduction should be made in writing to the Copyright Unit, Her Majesty’s Stationery Office, St. Clements House, 2-16 Colegate, Norwich, NR3 1BQ
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HL Bill 71 (xxxxxx) 54/3
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