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House of Commons Hansard
x
25 March 2010
Volume 508
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To ask the Secretary of State for the Home Department pursuant to the answer to the hon. Member for Peterborough of 24 February 2010, Official Report, column 554W, on powers of entry (1) which (a) new and (b) amended powers of entry have been created since October 2007; [322546]

(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.

Primary legislation

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

Secondary Legislation:

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