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Regulate powers of entry and powers in relation to documents; and for |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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“authorised person” means a person authorised by the Minister |
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responsible for the enforcement of an Act or instrument containing |
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“powers” means the powers listed in section 2. |
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2 | Powers regulated by this Act |
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This Act regulates the exercise of powers of— |
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(a) | entry to any land or premises, for the purposes of— |
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(i) | ascertaining whether an offence has been committed, |
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(ii) | ascertaining whether the provisions of an Act of Parliament, or |
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of an item of secondary legislation, have been complied with, |
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(iii) | inspecting the land or premises or any activity taking place |
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(iv) | surveying or carrying out works on the land or premises, |
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(b) | examination, production and seizure of objects, documents and |
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(c) | compulsion in relation to the production of documents. |
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3 | Exercise of existing powers |
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The powers contained in or authorised by regulations made under the Acts |
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listed in Schedule 1 to this Act shall be exercised subject to sections 5 to 9 of this |
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4 | Powers: general limitations |
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Any powers contained in any Act or instrument passed after the coming into |
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force of this Act shall be exercised subject to sections 5 to 9 of this Act, unless |
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the Act or instrument provides to the contrary. |
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5 | Limitations on powers of entry |
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No power of entry to which this Act applies shall be exercised unless— |
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(a) | the procedures set out in the Code of Practice contained in Schedule 2 |
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to this Act have been followed, or |
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(b) | the entry is necessary to avert danger to life or property. |
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6 | Times when entry may take place |
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Unless otherwise specified in a warrant or other order of a court or a |
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(a) | no power of entry shall be exercised on a bank holiday or other |
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nationally recognised public holiday, and |
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(b) | no entry shall take place except— |
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(i) | between 8am and 6pm on Mondays to Fridays, |
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(ii) | in relation to business premises, at any other time when the |
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premises are open for business. |
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7 | Number of persons permitted to enter premises |
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The maximum number of persons who may enter premises shall be four, |
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including the authorised person, unless a warrant or other order of a court or |
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magistrate provides otherwise. |
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8 | Production of documents etc. |
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(1) | No power compelling the production of documents or electronic records |
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(“documents etc.”) shall be exercised unless the requirements of subsection (2) |
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(2) | The requirements are that— |
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(a) | the power is exercised subject to an order of a judge or magistrate |
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issued following an application in accordance with subsection (3), |
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(b) | the order shall fix a deadline for the production of the documents etc. |
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which shall be no earlier than 5pm on the seventh working day |
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following the making of the order, |
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(c) | the documents etc. shall be produced at the place of business or |
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residence of the person on whom the order is served, |
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(d) | the order shall state the period of time for which the documents etc. will |
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(3) | An order under subsection (2)(a) may only be made following an application |
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(4) | An application under subsection (3) shall be supported by evidence, on oath, |
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that the authorised person reasonably believes that the production of the |
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documents etc. is necessary pursuant to the provisions of the relevant Act or |
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(1) | No seizure of documents etc. shall take place without an order under |
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(2) | Before applying for an order under subsection (6), the authorised person shall |
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notify the person having charge of the documents etc. that the documents etc. |
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(3) | The notification under subsection (2) shall state the reason why the documents |
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etc. are required, and shall specify the relevant Act or instrument. |
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(4) | The notification shall inform the person having charge of the documents etc. |
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that he may provide electronic or paper copies of them to the authorised |
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person; and shall specify— |
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(a) | the latest date and time for the provision of such copies, and |
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(b) | the place where the copies shall be provided. |
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(5) | If the copies of the documents etc. are provided in accordance with subsection |
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(4), no order for seizure may be made. |
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(6) | If copies of the documents etc. are not provided in accordance with subsection |
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(4), an authorised person may apply to a judge or magistrate for an order |
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permitting seizure of documents etc. |
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(7) | The application shall be supported by evidence from the authorised person, on |
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oath, that the seizure is necessary pursuant to the provisions of the relevant Act |
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Nothing in this Act shall apply to powers exercised by police offers, members |
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of the security or intelligence services or officers of HM Revenue and Customs. |
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11 | Short title, commencement and extent |
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(1) | This Act shall be cited as the Powers of Entry etc. Act 2007. |
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(2) | This Act shall come into force at the end of the period of three months |
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beginning with the day on which it is passed. |
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Acts containing powers of entry, or authorising the making of regulations |
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Adoption and Children Act 2002 |
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Agriculture and Horticulture Act 1964 |
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Agriculture Marketing Act 1958 |
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Agriculture Wages Act 1948 |
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Animal Boarding Establishments Act 1963 |
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Anti-social Behaviour Act 2003 |
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Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 |
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Asylum and Immigration Act 1996 |
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Aviation Security Act 1982 |
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Breeding of Dogs Act 1991 |
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British Fishing Boats Act 1983 |
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Caravan Sites and Control of Development Act 1960 |
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Children and Adoption Act 2002 |
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Children and Young Persons Act 1933 |
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Children and Young Persons Act 1963 |
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Children and Young Persons Act 1969 |
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Coast Protection Act 1949 |
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Compulsory Purchase Act 1965 |
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Conservation of Seals Act 1970 |
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Consumer Protection Act 1987 |
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Control of Pollution Act 1974 |
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Countryside and Rights of Way Act 2000 |
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Dangerous Wild Animals Act 1976 |
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Diseases of Fish Act 1937 |
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Energy Conservation Act 1981 |
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European Communities Act 1972 |
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Financial Services and Markets Act 2000 |
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Fire Precautions Act 1971 |
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Food and Environment Protection Act 1985 |
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Freedom of Information Act 2000 |
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Gangmasters (Licensing) Act 2004 |
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Goods Vehicles (Licensing of Operators) Act 1995 |
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Health and Safety at Work etc. Act 1974 |
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Human Fertilisation and Embryology Act 1990 |
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International Carriage of Perishable Foodstuffs Act 1976 |
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Law of Distress Amendment Act 1888 |
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Law of Distress Amendment Act 1908 |
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Learning and Skills Act 2000 |
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Local Government Finance Act 1988 |
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Local Government Finance Act 1992 |
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Local Government and Housing Act 1989 |
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Local Government (Miscellaneous Provisions) Act 1976 |
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Local Government (Miscellaneous Provisions) Act 1982 |
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Local Government, Planning and Land Act 1980 |
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Merchant Shipping Act 1995 |
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Milk (Cessation of Production) Act 1985 |
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Mineral Workings Act 1985 |
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National Minimum Wage Act 1998 |
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National Parks and Access to the Countryside Act 1949 |
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Nuclear Safeguards Act 2000 |
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Performing Animals (Regulation) Act 1925 |
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Petroleum (Consolidation) Act 1928 |
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Planning and Compensation Act 1991 |
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Planning (Hazardous Substances) Act 1990 |
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Planning (Listed Buildings and Conservation Areas) Act 1990 |
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Plant Varieties and Seeds Act 1964 |
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Prevention of Damage by Pests Act 1949 |
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Private Security Industry Act 2001 |
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Property Misdescriptions Act 1991 |
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Public Health (Control of Disease) Act 1984 |
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Radioactive Material (Road Transport) Act 1991 |
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Railways and Transport Safety Act 2003 |
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Refuse Disposal (Amenity) Act 1978 |
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Regional Development Agencies Act 1998 |
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Riding Establishments Act 1964 |
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Rights of Entry (Gas and Electricity Boards) Act 1954 |
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Road Traffic Regulation Act 1984 |
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Safety of Sports Grounds Act 1975 |
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Schools Inspection Act 1996 |
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Scrap Metal Dealers Act 1964 |
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Sea Fish (Conservation) Act 1967 |
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Sea Fisheries (Shellfish) Act 1967 |
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Slaughter of Poultry Act 1967 |
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Social Security Administration Act 1992 |
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Social Security Contributions and Benefits Act 1992 |
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Telecommunications Act 1984 |
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Tobacco Advertising and Promotions Act 2002 |
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Town and Country Planning Act 1990 |
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Trade Descriptions Act 1968 |
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Transport and Works Act 1992 |
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Video Recordings Act 1984 |
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Weights and Measures Act 1985 |
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Welfare Reform and Pensions Act 1999 |
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Wildlife and Countryside Act 1981 |
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Wireless Telegraphy Act 1949 |
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Code of Practice for the regulation of powers of entry |
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1 | This Code of Practice (“the Code”) applies to the exercise of powers of entry |
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contained in the statutes, or regulations made under them, listed in Schedule |
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2 | The Code does not apply to the exercise of such powers by police officers, |
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members of the security or intelligence services, or officers of HM Revenue |
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3 | The Code applies to entry to business premises as well as dwellings, and to |
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entry to land, whether or not there are buildings on the land. |
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4 (1) | Any exercise of a power of entry to private property is likely to involve a |
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conflict with the right to private life guaranteed by Article 8 of the European |
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Convention on Human Rights. |
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(2) | This right extends to business premises. |
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