House of Commons Hansard
25 March 2010
Volume 508
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(2) which (a) new and (b) amended powers of entry created since October 2007 were not subject to formal consultation with his Department.
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The statutory provisions that are now in force and have been subject to referral to my Department since October 2007 are in the following table.
I am aware of the following three statutory instruments that contain powers of entry were not referred to my department for consideration.
The Official Feed and Food Controls (England) Regulations 2009 (2009/3255) which revoke the 2007 Regulations and re-enacts the same powers of entry was not referred for consideration but is in accordance with the guidance. The powers of entry in the 2009 regulations are substantially unchanged from those in the original 2005 Regulations which were considered by my Department.
Also the Poultry Compartments (England) Order (2010/108) was not referred for consideration but is in accordance with the guidance.
The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations (2010/323) was not referred for consideration but is in accordance with the guidance. The powers of entry used are from the Merchant Shipping Act 1995 which were considered by my Department.
Any power of entry is granted by statute and therefore subject to parliamentary scrutiny of achieving the balance between sufficient powers to enforce and adequate protections for the individual.
The Home Department was consulted in respect of the power of entry contained in the draft Environmental Civil Sanctions (England) Order 2010 which is not yet in force.
Year Statute Department responsible Number of powers 1 2006 Childcare Act 2006 (as amended by Apprenticeships, Skills, Children and Learning Act 2009) Part 3A Inspection of Children Centres. s.98D: Inspection of Children Centres powers of entry without warrant. s.98F: Power of constable to assist in exercise of power of entry under a warrant. DCSF 2 2 2008 Health and Social Care Act 2008 (Repeals and replaces powers of entry etc. under the Health and Social Care (Community Health and Standards) Act 2003) s.62-65: Powers of person authorised by Care Quality Commission to enter and inspect regulated premises. DoH 1 3 2009 Banking Act 2009—Enforcement of inter-bank payment system s.194: JP may issue warrant to authorised BoE inspector appointed under s.193 or constable to enter and search premises/part of premises where inter-bank payment system is managed or operated. HMT 1 4 2009 Marine and Coastal Access Act 2009 Part eight, Chapter two Common enforcement powers s.246: Power of enforcement officer to board and inspect vessels and marine installations. s.247: Power of enforcement officer to enter and inspect premises for purposes of exercising functions. s.248: Power of enforcement officer to enter and inspect vehicles purposes of exercising functions. s.249/Schedule 17: Provides for issue of warrant to authorise enforcement officer to enter a dwelling. (Believed these provisions may replace one or more powers in marine/fishery protection/regulation type legislation) DEFRA 4
No. Year SI no. Authority Title Department No. of powers 1 2008 2347 European Communities Act 1972 http://www.opsi.gov.uk/si/si2008/uksi_20082347_en_1 Sea Fishing (Recovery Measures) Order 2008 [2008/2347] Reg 13 Powers of British sea-fishery officers in relation to fishing boats Reg 14 Powers of British sea-fishery officers on land Reg 15 Warrant to enter premises DEFRA 3 2 2008 2795 European Communities Act 1972 http://www.opsi.gov.uk/si/si2008/uksi_20082795_en_1 Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008 [2008/2795] Reg 3: Powers of investigation and enforcement BIS 1 3 2009 1899 European Communities Act 1972 http://www.opsi.gov.uk/si/si2009/uksi_20091899_en_1 Motor Vehicles (Replacement Catalytic Converters and Pollution Control Devices) Regulations 2009 [2009/1899] Reg 9(2) and Schedule Para. 5: Powers of search etc. (2): Power of authorised enforcement officer to enter premises without warrant—not dwellings (5): JP may issue warrant authorising authorised enforcement officer to enter premises DfT 2 4 2009 261 European Communities Act 1972 http://www.opsi.gov.uk/si/si2009/uksi_20090261_en_1 Fluorinated Greenhouse Gases Regulations 2009 [2009/261] (Revoke and remake with amendments the Fluorinated Greenhouse Gases Regulations 2008/41) Reg 46: Powers of authorised persons to enforce regulations DEFRA 1 5 2009 2048 European Communities Act 1972 http://www.opsi.gov.uk/si/si2009/pdf/uksi_20092048_en.pdf Port Security Regulations 2009 [2009/2048] Reg. 25: Powers of a constable, port security officers and others to enter and search controlled buildings in designated ports DfT 1 6 2009 463 European Communities Act 1972 http://www.opsi.gov.uk/si/si2009/uksi_20090463_en_5 Aquatic Animal Health (England and Wales) Regulations 2009 [2009/463] Reg. 32(2): Entry and inspection of land and premises w/o warrant Reg. 32(3): Warrant to enter dwelling DEFRA 2 7 2009 360 European Communities Act 1972 http://www.opsi.gov.uk/legislation/wales/wsi2009/wsi_20090360_en_1 European Fisheries Fund (Grants) (Wales) Regulations 2009 [2009/360] Reg 12: Powers of authorised officers NAFW 1 8 2009 842 European Communities Act 1972 http://www.opsi.gov.uk/si/si2009/uksi_20090842_en_4#pt5-l1g26 Organic Products Regulations [2009/842] (revoke and replace Organic Products Regulations 2004 (SI 2004/1604) Reg 23: Powers of entry—authorised officers Reg 24: Powers after entry DEFRA 1 9 2009 209 European Communities Act 1972 http://www.opsi.gov.uk/si/si2009/uksi_20090209_en_8 Payment Services Regulations 2009 [2009/209] Reg 83: Entry, inspection without a warrant etc—FSA officer HMT 1 10 2009 717 European Communities Act 1972 http://www.opsi.gov.uk/si/si2009/uksi_20090717_en_7#pt6-pb1-l1g34 Road Vehicles (Approval) Regulations 2009 [2009/717] Reg 34: Powers of entry—authorised person DfT 1 11 2009 216 European Communities Act 1972 http://www.opsi.gov.uk/si/si2009/uksi_20090216_en_1 Ozone-Depleting Substances (Qualifications) Regulations 2009 [2009/216] (revoke and replace, with amendments, Ozone Depleting Substances (Qualifications) Regulations 2006 (S.I. 2006/1510) Reg 8: Powers of an authorised person DEFRA 1 12 2009 2194 European Communities Act 1972 http://www.opsi.gov.uk/si/si2009/uksi_20092194_en_1 Motor Vehicles (Refilling of Air Conditioning Systems by Service Providers) Regulations [2009/2194] Reg eight: Powers of search etc. (2): Power of authorised enforcement officer to enter premises without warrant—not dwellings (4): JP may issue warrant authorising authorised enforcement officer to enter premises DfT 2 13 2009 1361 European Communities Act 1972 http://www.opsi.gov.uk/si/si2009/uksi_20091361_en_1 Marketing of Fresh Horticultural Produce Regulations 2009 [2009/1361] Reg. 7(1) Power of authorised officer to enter without warrant to enforce Regs Reg 7(4): Entry on warrant DEFRA 2 14 2009 1551 European Communities Act 1972 http://www.opsi.gov.uk/legislation/wales/wsi2009/wsi_20091551_en_1 Marketing of Fresh Horticultural Produce (Wales) Regulations 2009 [2009/1551] W151 Reg. 7(1) Power of authorised officer to enter without warrant to enforce Regs Reg 7(4): Entry on warrant NAFW 2 15 2008 3252 European Communities Act 1972 http://www.opsi.gov.uk/si/si2008/pdf/uksi_20083252_en.pdf Beef and Veal Labelling Regulations 2008 [2008/3252] Reg 6(1) Entry to inspect w/o warrant Reg 6(3) Entry on warrant Revokes Beef Labelling (Enforcement) (England) Regulations 2000 [2000/3047] DEFRA 2 16 2009 1850 European Communities Act 1972 http://www.opsi.gov.uk/si/si2009/pdf/uksi_20091850_en.pdf Sea Fishing (Landing and Weighing of Herring, Mackerel and Horse Mackerel) Order 2009 [2009/1850] Reg 11 Powers of British sea-fishery officers in relation to fishing boats Reg 12 Powers of British sea-fishery officers on land Reg 13 Warrant to enter premises DEFRA 3