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Protection of Freedoms Bill |
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As an amendment to the motion that the House do not insist on its amendments 16, 17 and |
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“but do propose the following amendment in lieu— |
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Page 33, line 33, at end insert— |
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“(3) Further safeguards shall be that— |
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(a) unless explicitly provided for in the statute providing for the power |
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of entry, all powers of entry shall be exercised by agreement with |
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the premises occupier or by warrant; and |
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(b) that, notwithstanding the statute providing for the power of entry, |
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a power of entry may only be used without warrant, or without |
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agreement with the occupier of the premises to be entered— |
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(i) in cases where the authority using the power can |
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demonstrate that the aim of the use of the power would be |
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frustrated if a warrant or agreement were sought; or |
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(ii) by persons specified in regulations made by the Secretary of |
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State when acting under any legislation which permits such |
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a person to exercise such a power. |
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(4) The persons specified in Regulations made under subsection (3)(b) shall |
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include but not be limited to— |
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(b) a member of the Security Service; |
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(c) an officer of the Serious Organised Crime Agency; |
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(d) a Trading Standards Officer; and |
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(e) any person acting in pursuance of the protection of a child or a |
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UserID: ducem001 Filename: Date: : 4.2.3r51 |
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