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25 Mar 2010 : Column 523W—continued


25 Mar 2010 : Column 524W

(b) The Government do not distribute grant to police authorities on a per capita basis. The police funding formula used includes data relating to demographic and social characteristics to reflect the needs of each police authority. Police grants allocated by the Department for Communities and Local Government and the Welsh Assembly Government also take into account the relative tax base of each police authority. Grant allocations are stabilised by damping to limit year-on-year variations.

Powers of Entry

Robert Neill: 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. [322547]

Mr. Hanson: 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.


25 Mar 2010 : Column 525W

25 Mar 2010 : Column 526W
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



25 Mar 2010 : Column 527W

25 Mar 2010 : Column 528W
Secondary Legislation:
N o. 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


25 Mar 2010 : Column 529W

Terrorism: Stop and Search

Paul Holmes: To ask the Secretary of State for the Home Department what recent estimate his Department has made of the proportion of people from an ethnic minority background who have been stopped and searched under section 44 of the Terrorism Act 2000 since the Act came into force. [324128]

Mr. Hanson: Information on stop and search section 44 is collected centrally by the Home Office and provisional data are published quarterly in the official statistics publication 'Operation of police powers under the Terrorism Act 2000 and subsequent legislation: arrest, outcomes and stops and searches, Great Britain.' The most recent publication (released February 2010) provides an update to 30 September 2009 and shows that of the 200,444 people stopped and searched under section 44 in the year ending 30 September 2009, 63,535 individuals self-identified as from a Black, Asian, Chinese/Other or of mixed ethnicity background. This equates to 32 per cent. of the total recorded for this period.

The data are published quarterly and the latest update can be found here:

This data are considered provisional and full quality assured data are published by the Home Office in the annual statistical report 'Police Powers and Procedure,' further ethnicity breakdown will be available in the Ministry of Justice annual report on 'Statistics on Race and the Criminal Justice System.'

UK Border Agency: Complaints

Anne Main: To ask the Secretary of State for the Home Department how many complaints about a citizenship or nationality application were made to the UK Border Agency in each of the last five years. [320886]

Mr. Woolas: The UK Border Agency does not hold central information to the level of detail asked for in this question. However, data are available relating to all types of complaints about the service that the agency provides. In 2008 there were 10,835 such complaints received by the agency and in 2009 there were 12,038.

UK Border Agency: Expenditure

Damian Green: To ask the Secretary of State for the Home Department how much the UK Border Agency and its predecessor spent on (a) advertising, (b) refreshments and (c) stationery in each year since 2005. [313499]

Mr. Woolas: The amount that the UK Border Agency and its predecessor spent on (a) advertising, (b) refreshments and (c) stationery in each year since 2005, is shown in the following table. Advertising is used by the agency when recruiting staff and to promote compliance with immigration and customs regulations.


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