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'(1) An agreement, and any approval given by the Secretary of State under section (Agreements between designated bodies), must be in writing.
(2) The Secretary of State must arrange for a copy of an agreement to be published in a way that the Secretary of State thinks is suitable for bringing it to the attention of persons likely to be affected by it.
(3) No power of a Minister of the Crown under any enactment to give directions to a statutory body extends to giving a direction—
(a) requiring it to enter into an agreement;
(b) prohibiting it from entering into an agreement;
(c) requiring it to include, or prohibiting it from including, particular terms;
(d) requiring it to negotiate, or prohibiting it from negotiating, a variation or termination of an agreement.
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(4) Schedule 15 to the Deregulation and Contracting Out Act 1994 (c. 40) (restrictions on disclosure of information) applies in relation to an authorisation by a designated body under this Chapter as it applies in relation to an authorisation under section 69 of that Act by an office-holder.'.—[Jim Knight.]
Brought up, read the First and Second time, and added to the Bill.
'(1) In sections (Reserved functions) to (Supplementary provisions with respect to agreements) "agreement" means an agreement under section (Agreement between Secretary of State and designated body) or (Agreement between designated bodies).
(2) In this Chapter "DEFRA function" means a function which at the material time falls to be performed by or through the Department for Environment, Food and Rural Affairs.
(3) A certificate issued by the Secretary of State that a function falls to be performed as mentioned in subsection (2) is conclusive evidence of that fact.
(4) In this Chapter—
"designated body" has the meaning given by section (Designated bodies);
"local authority" means a local authority as defined in section 1(a) of the Local Government Act 2000 and the Greater London Authority;
"Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);
"subordinate legislation" has the same meaning as in the Interpretation Act 1978 (c. 30).'. —[Jim Knight.]
Brought up, read the First and Second time, and added to the Bill.
'(1) If a constable or an inspector reasonably believes—
(a) that evidence of the commission of an offence under section 43 is to be found on any premises, or
(b) that the evidence is likely to be removed, destroyed or lost before a warrant can be obtained and executed,
he may at any time enter the premises and search them for evidence of the commission of an offence under section 43.
(2) Subsection (1) does not authorise entry into any part of premises which is used as a private dwelling.
(3) A constable or an inspector exercising the powers under subsection (1) may (if necessary) use such force as is reasonable in the exercise of those powers.
(4) An inspector may not exercise the power of entry conferred by subsection (1) between the hours of 11 p.m. and 5 a.m. unless accompanied by a constable.'. —[Mr. Paice.]
Brought up, and read the First time.
Mr. Paice: I beg to move, That the clause be read a Second time.
Mr. Deputy Speaker: With this it will be convenient to discuss the following:
New clause 2—Enforcement powers in connection with pesticides: entry and search with a warrant—
'(1) If, on an application by a constable or an inspector, a justice of the peace is satisfied—
(a) that there are reasonable grounds for believing that—
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(i) an offence under section 43 is being or has been committed on any premises, or
(ii) evidence of the commission of an offence under section 43 is to be found on any premises, and
(b) that one or more of the conditions in subsection (2) is met,
he may issue a warrant authorising a constable or an inspector to enter the premises and each them for evidence of the commission of an offence under section 43.
(2) The conditions are—
(a) in the case of any part of premises which is not used as a private dwelling, that the occupier of the premises has been informed of the decision to apply for the warrant;
(b) in the case of any part of premises which is not used as a private dwelling, that the occupier of the premises—
(i) has been informed of the decision to seek entry to the premises and the reasons for that decision.
(ii) has failed to allow entry to the premises on being requested to do so by a person mentioned in section [Enforcement powers in connection with pesticides: entry and search by force without a warrant] (1), and
(iii) has been informed of the decision to apply for the warrant;
(c) in either case—
(i) that the premises are unoccupied, or the occupier is absent, and notice of intention to apply for the warrant has been left in a conspicuous place on the premises, or
(ii) an application for admission to the premises or the giving of notice of intention to apply for the warrant is inappropriate because—
(a) it would defeat the object of entering the premises, or
(b) entry is required as a matter of urgency.
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