Powers of Entry etc. Bill [HL]

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Powers of Entry etc. Bill [HL]

Powers of Entry etc. Bill [HL]
Schedule 2 — Code of Practice for the regulation of powers of entry
8

      (3)
A power of entry without consent should only be used where it is necessary
to achieve its purpose.
      (4)
The way in which the power is used must be proportionate to that purpose.
      (5)
Before a power is used, consideration must be given to whether the purpose
could be achieved by less intrusive means.
5
5
In all cases those exercising powers should do so courteously and with
respect for persons and property, and where a power authorises the use of
force, only the minimum force necessary to achieve the purposes of the
power may be used.
General
10
6
A copy of the Code must be carried by all those exercising the powers to
which it applies, and made available to the occupier of any premises
entered.
7
All those exercising a power to which the Code applies must carry with
them an official form of identification issued by their employer,
15
containing—
(a)
their name, photograph and job title; and
(b)
the address, telephone number and (if available) facsimile number
and email address of their place of work.
8
In the Code “working day” excludes Saturdays, Sundays, bank holidays and
20
other public holidays.
9
Where a provision of the Code requires notice to be given in writing, a notice
sent by email will satisfy this requirement.
Entry with consent
10
Where it is proposed to exercise the power of entry on the basis of the
25
consent of the owner or occupier, at least two working days’ notice, or such
longer period as may be specified in the relevant statutory provision, should
be given.
11
The notice should be in writing and addressed to the owner, occupier or
other person appearing to be in charge of the premises.
30
12
The notice should—
(a)
state the statutory provision under which the power is to be
exercised;
(b)
state the purpose of the proposed entry;
(c)
state the date and time when it is proposed that the power should be
35
exercised;
(d)
give the names of all those who are proposing to enter the premises;
and
(e)
provide details of who should be contacted if the person to whom the
notice is addressed objects to the exercise of the power, or to its
40
exercise at the proposed time.

Powers of Entry etc. Bill [HL]
Schedule 2 — Code of Practice for the regulation of powers of entry
9

Entry without consent
13
Where it is proposed to exercise a power of entry without consent, and
without a warrant, at least two working days’ notice, or such longer period
as may be specified in the relevant statutory provision, should be given,
unless to do so would defeat the purpose of the entry.
5
14
The notice should be in writing and addressed to the owner, occupier or
other person appearing to be in charge of the premises.
15
The notice should contain the same information as set out in paragraph 12
above.
Entry under warrant
10
16
Where it is proposed to exercise a power of entry under warrant, the
procedures set out in the legislation providing the power must be followed.
Time of entry
17
Entry to land or premises must always take place at a reasonable time.
18
For premises used as a dwelling a “reasonable” time means between 8am
15
and 6pm on any working day, or a time agreed in advance with the occupier.
19
For other land or premises a “reasonable” time means between 8am and 6pm
on any working day, or any time at which the land or premises are open for
business, or a time agreed in advance with the occupier.
20
Land or premises are to be regarded as open for business at any time when
20
they are open to receive visitors, customers or other members of the public.
Procedures on entry
21
These procedures apply to entry with or without consent, or under warrant.
22
On arrival at the premises, the person in charge of the exercise of the power
should attempt to make contact with the occupier of the premises, or the
25
person appearing to be in charge of them.
23
If this is impossible (for example, because the premises are unoccupied), or
would frustrate the purposes of an entry without consent or under warrant,
the procedures set out in paragraphs 25 and 26 below must be followed.
24
The person in charge of the exercise of the power must show to the occupier,
30
if present, or any person appearing to be in charge of the premises, the form
of identification required by paragraph 7 above, and he must explain in
straightforward language—
(a)
the statutory authority under which the power of entry is being
exercised;
35
(b)
the purpose of the entry;
(c)
the number of people who will be entering the premises, and their
roles;
(d)
the likely duration of the entry; and
(e)
the consequences of obstructing the entry (where there is power to
40
enter without consent).

Powers of Entry etc. Bill [HL]
Schedule 2 — Code of Practice for the regulation of powers of entry
10

25
Where the procedures set out in paragraph 24 above are not followed prior
to the entry, they must be followed as soon as possible thereafter.
26
If the premises are unoccupied, or no person is present, a written notice
giving the information as set out in paragraph 24 above and specifying the
outcome of the entry must be left in a prominent place on the premises.
5
Conduct of inspection, search, etc.
27
The extent of any inspection, search, etc. must be strictly limited to the
purposes for which entry is authorised.
28
When only one person is present on the premises at the time when a power
is to be exercised, a friend, neighbour or other person should be allowed to
10
witness the exercise of the power, unless the person in charge of the entry
has reasonable grounds to believe that this would seriously disrupt the
purposes of the entry, or would lead to an unreasonable delay in its exercise.
29
As soon as the purpose, or purposes, for which the entry is authorised have
been achieved, all those taking part in the entry must leave the premises.
15
30
If any property is damaged in the course of the exercise of a power of entry,
the authority authorising the entry will be responsible for its repair, or the
payment of compensation to the owner of the property.
31
Premises must be left as secure as they were found.
Register of exercise of powers
20
32
Any authority which has responsibility for the exercise of a power of entry
to which the Code applies, shall keep a record of all uses of the power.
33
The record shall include—
(a)
the statutory provision under which the power was exercised;
(b)
the date and time of the exercise of the power;
25
(c)
the address of the premises or land entered;
(d)
the name of the person in charge of the exercise of the power; and
(e)
the outcome of the exercise of the power (for example, whether it led
to any further action).
34
Any authority which has responsibility for the exercise of powers of entry to
30
which the Code applies shall publish annually statistics detailing—
(a)
the number of occasions on which an entry power has been used; and
(b)
the number of uses of the power which led to further action being
taken.