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Powers of Entry

Volume 480: debated on Wednesday 8 October 2008

To ask the Chancellor of the Exchequer what powers of entry are exercisable by representatives of (a) the Valuation Office Agency and (b) HM Revenue and Customs under (i) primary and (ii) secondary legislation. (222696)

Powers exercisable by (a) the Valuation Office Agency are contained in primary legislation. For council tax these are contained in section 26 of the Local Government Finance Act 1992. They do not extend to forcible entry. For other functions of the Valuation Office Agency I refer the hon. Member to the answer given to the hon. Member for Meriden (Mrs. Spelman) on 6 February 2006, Official Report, column 1037W.

Powers exercisable by (b) HM Revenue and Customs (of which VOA is an agency) are contained in primary and secondary legislation. HMRC has a wide range of responsibilities across a number of functions ranging from administration of tax and duties, enforcement of prohibitions and restrictions through to criminal offences. Within HMRC powers of entry are only used within the limits of a particular function and when it is proportionate and reasonable to do so. The main powers exercisable by HMRC (other than those listed elsewhere as exercisable by the VOA) are shown in the following table.

The Home Office is leading a review of powers of entry across all Government Departments and in which HMRC is engaged. The latest findings can be found at

www.police.homeoffice.gov.uk/operational-policing/powers-pace-codes/powers-of-entry-review/.

List of the main powers of entry exercisable by HMRC (other than those listed elsewhere as exercisable by the VOA)

Statute

Reference

Alcohol Liquor Duties Act 1979

Section 79

Betting and Gaming Duties Act 1981

Schedule 1

Customs and Excise Management Act 1979

Part III—sections 20(A); 25A and 33;

Part VIIIA—section 100F;

Part IX—sections 112 and 113;

Part IXA—section 118C;

Part XII—sections 161; 161A and 162.

Finance Act 1994

Part 1—section 24; schedule 7, paragraph 4

Finance Act 1996

Schedule 5, paragraph 4

Finance Act 2000 Part XII

Schedule 6, paragraph 129

Finance Act 2001

Schedule 7, paragraph 6

Finance Act 2008

Schedule 36, paragraph 10

Inheritance Act 1984

Part VIII—section 20

Police and Criminal Evidence Act 1984

Part II—sections 8; 7; 18 and 32—schedule 1 and section 9

Proceeds of Crime Act 2002

Part II—section 51

Stamp Act 1981

Part 1 Regulations—section 16

Taxes Management Act 1970

Sections 61; 110 and 111

Value Added Tax Act 1994

Schedule 58 and schedule 11 paragraph 10

Hydrocarbon Oil Duties Act 1979

Regulations made under section 17

Hydrocarbon Oil Regulations 1973 (from Hydrocarbon Oil Duties Act 1979)

Regulation 47

Hydrocarbon Oil Duties (Reliefs for Electricity Generation) Regulations 2005

Regulations 10 and 13