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Proceeding contribution from Lord Marlesford (Conservative) in the House of Lords on Tuesday, 24 April 2012. It occurred during Debate on bill on Protection of Freedoms Bill.


Protection of Freedoms Bill

At end insert ““but do propose Amendment 16B as an amendment in lieu”” 16B: Page 33, line 33, at end insert— ““(3) Further safeguards shall be that— (a) 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; and (b) that, 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— (i) 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; or (ii) by 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. (4) 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) a constable; (b) a member of the Security Service; (c) an officer of the Serious Organised Crime Agency; (d) a Trading Standards Officer; and (e) any person acting in pursuance of the protection of a child or a vulnerable adult. (5) Regulations made under subsection (3)(b)(ii) shall be subject to approval by resolution of both Houses of Parliament.””


Secondary information

Type
Proceeding contribution
Reference
736 c1716 
Session
2010-12
Chamber / Committee
House of Lords chamber
Subjects
Exemptions Powers of entry Personal records Protection Powers Training Stalking Trading standards
Legislation
Protection of Freedoms Bill 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk