woodm001woodm001202012-04-04T09:54:00Z2012-04-04T09:54:00Z32191249102146612Protection of Freedoms BillConsideration of commonsreason and AmendmentsClause 40LORD MARLESFORDAs an amendment to the motion that the House do not insist on its amendments 16, 17 and 18, at end to insert—“but do propose the following amendment in lieu—Page 33, line 33, at end insert—Further safeguards shall be that—unless explicitly provided for in the statute providing for the power of entry, all powers of entry shall be exercised by agreement with the premises occupier or by warrant; andthat, notwithstanding the statute providing for the power of entry, a power of entry may only be used without warrant, or without agreement with the occupier of the premises to be entered—in cases where the authority using the power can demonstrate that the aim of the use of the power would be frustrated if a warrant was sought; orby persons specified in regulations made by the Secretary of State when acting under any legislation which permits such a person to exercise such a power.The persons specified in Regulations made under subsection (3)(b) may include, but need not be limited to, any one or more of the following—a Constable;a member of the Security Service;an officer of the Serious Organised Crime Agency;a Trading Standards Officer; andany person acting in pursuance of the protection of a child or a vulnerable adult.Regulations made under subsection (3)(b) shall be subject to approval by resolution of both Houses of Parliament.”” Protection of Freedoms Bill PAGE 2 Protection of Freedoms Bill PAGE 3

Prepared 4th April 2012