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Marketing of Fresh Horticultural Produce Regulations 2009

Volume 714: debated on Wednesday 4 November 2009

Question

Asked by

To ask Her Majesty's Government whether a warrant issued under regulation 7(5) of the Marketing of Fresh Horticultural Produce Regulations 2009 (SI 2009/1361) that is valid for three months can comply with the conditions for its granting under regulation 7(4). [HL5943]

Most warrants will be executed shortly after they are issued, there may though be practical operational reasons why a warrant is executed later. In the event of later execution of a warrant, the person executing the warrant will be bound by the obligations under the Human Rights Act and in particular under Article 8, and also by the general obligations on a public authority to act properly. In executing the warrant, PACE Code B applies to non-police investigators as well as to the police, and provides safeguards relating to the conduct of the search, such as in relation to occupants.