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Type
House
Session
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More
Baron, John (7)
Answering member
Legislative stage
Legislation
Subject
Publisher
To ask the Secretary of State for the Home Department (1) what categories of public official may (a) levy fines on and (b) issue fixed penalty notices to members of the public; and what the circumstances are in which this may lawfully be levied in each case;
To ask the Secretary of State for the Home Department (1) what categories of public official may (a) levy fines on and (b) issue fixed penalty notices to members of the public; and what the circumstances are in which this may lawfully be levied in each case;
Asked by
John Baron
(Conservative)
Answered by
Lord Coaker
(Labour)
Answering body
Home Office
Type
Written questions
Status
Answered
Tabled on
3 October 2008
For answer on
6 October 2008
Answered on
26 November 2008
[holding answers 6 October 2008 and 3 November 2008]: I will write to the hon. Member.
Subjects
Fixed penalties; Fines
Date
26 November 2008
Reference
483 c2255W; 224465
House
House of Commons
(2) when she plans to answer Question 224465 tabled by the hon. Member for Billericay on 3 October 2008 on the categories of public officials who may levy fines and issue fixed penalty notices.
(2) when she plans to answer Question 224465 tabled by the hon. Member for Billericay on 3 October 2008 on the categories of public officials who may levy fines and issue fixed penalty notices.
Asked by
John Baron
(Conservative)
Answered by
Lord Coaker
(Labour)
Answering body
Home Office
Type
Written questions
Status
Answered
Tabled on
29 October 2008
For answer on
3 November 2008
Answered on
26 November 2008
[holding answers 6 October 2008 and 3 November 2008]: I will write to the hon. Member.
Subjects
Home Office; Written questions
Date
26 November 2008
Reference
483 c2255W; 232509
House
House of Commons
To ask the Secretary of State for the Home Department how many complaints have been made against police community support officers in each police authority area in each of the last five years; and what analysis her Department has conducted on the nature of complaints made.
To ask the Secretary of State for the Home Department how many complaints have been made against police community support officers in each police authority area in each of the last five years; and what analysis her Department has conducted on the nature of complaints made.
Asked by
John Baron
(Conservative)
Answered by
Lord Coaker
(Labour)
Answering body
Home Office
Type
Written questions
Status
Answered
Tabled on
20 November 2008
For answer on
25 November 2008
Answered on
26 November 2008
It has not proved possible to respond to the hon. Gentleman in the time available before Prorogation.
Subjects
Complaints; Police community support officers
Date
26 November 2008
Reference
483 c2223W; 239468
House
House of Commons
To ask the Secretary of State for the Home Department (1) what categories of public official may enter a private residence without the permission of the (a) owner and (b) occupier (i) with and (ii) without advance notice; and under what circumstances such entry may lawfully be made;
To ask the Secretary of State for the Home Department (1) what categories of public official may enter a private residence without the permission of the (a) owner and (b) occupier (i) with and (ii) without advance notice; and under what circumstances such entry may lawfully be made;
Asked by
John Baron
(Conservative)
Answered by
Lord Coaker
(Labour)
Answering body
Home Office
Type
Written questions
Status
Answered
Tabled on
3 October 2008
For answer on
6 October 2008
Answered on
22 October 2008
[holding answer 6 October 2008]: Powers of entry with or without warrant by definition do not require the consent of the owner or occupier of the premises. The list of powers of entry to all premises is contained on the Powers of Entry Review webpage at:"http://police.homeoffice.gov.uk/operationalpolicing/powerspacecodes/powersofentryreview/."The content of the list are currently subject to verification with other Government Departments and investigating agencies. Specific powers where prior notice is required are set out in the following table.The ability to require a cessation to operating functions is an enforcement power. Such enforcement action would not be conditional on the exercise of a power of entry. The list sets out statute which provides for cessation and which also contains a power of entry.
| Primary legislation | |||
|---|---|---|---|
| Statute | Power | Who may enter | Other powers |
| Fire and Rescue Services Act 2004 | s.44: Powers of fire-fighters in an emergency. | Employee of fire and rescue authority in writing | May restrict access of persons to premises or place. |
| Health and Safety at Work etc Act 1974 | s.20: Powers of Inspectors. | Inspectors appointed under the Act | Comprehensive list of powers of examination/investigation which includes power to direct that premises or parts are left undisturbed for as long as reasonably necessary to complete the examination. |
| Housing Act 2004 | s.40 Emergency Remedial action. | Local housing authority | May take emergency remedial action. |
| Sch. 3, para. 3: Entry by local housing authorities to take action regarding improvement Notices without agreement. | Local housing authority | Person auth in writing by local housing authority may take action in relation to hazard |
| Secondary legislation | |||
|---|---|---|---|
| Statutory instrument (year/number) | Power | Who may enter | Other powers |
| Avian Influenza and Influenza of Avian Origin in Mammals (England) (No 2) Order 2006 [2006/2702] | Art 72(2): Entry to decide whether to grant/ maintain licence to move anything. | Inspector or person authorised by SoS | Article 82—general powers of inspectors when performing functions under this Order includes cleansing and disinfecting etc. |
| Enzootic Bovine Leukosis (England) Order 2000 [20002056] | Art 10(3): Entry where notice served under (1) for purposes of cleansing and disinfection. | Veterinary Inspector | May cause to carry out cleansing disinfection -may recover expenses from person in default. |
| Enzootic Bovine Leukosis (Wales) Order 2006 [2006/867] | Art 11(3): Entry where notice served under (1) for purposes of cleansing and disinfection. | Veterinary Inspector | May cause to carry out cleansing disinfection -may recover expenses from person in default. |
| Importation of Animal Pathogens Order 1980 [1980/212] | Art 6(5): Entry by inspectors where notice served under para (3) regarding cleansing and disinfecting not complied with. | Veterinary Inspector | May cause to carry out cleansing disinfection. |
| Marketing of Fruit Plant Material Regulations 1995 [1995/2653] | Reg 12(1): Entry to ascertain whether a contravention of these regulations. | Inspector | May serve notice on supplier of failure to comply with regulation 5(a) and require not to move/ market plant material until reasonable measures specified in notice carried out. |
| Marketing of Ornamental Plant Propagating Material Regulations 1999(1999/180] | Reg 13(1): Entry to ascertain whether a contravention of these regulations. | Inspector | May serve notice on supplier of failure to comply with these regulations and require not to move/ market propagating material until such reasonable measures specified in notice carried out. |
| Marketing of Vegetable Plant Material Regulations 1995 [1995/2652] | Reg 11 (1): Entry to ascertain whether a contravention of these regulations.. | Inspector | May serve notice on supplier of failure to comply with regulation 5(a) and require not to move/ market plant material until such reasonable measures specified in notice are carried out. |
| Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 [1997/1729] | Reg 16: Entry following failure to comply with notice served under these regulations. | Veterinary Inspector | May take or cause to be taken such necessary steps to ensure compliance with requirements of notice. Costs may be recoverable. |
| Gas Safety (Rights of Entry) Regulations 1996 [1996/2535] | Reg 4 (1): Entry by gas transporter to deal with gas escapes of gas conveyed by the transporter. | Officer authorised by transporter | Carry out work necessary to prevent the escape of gas and take any other steps to avert danger to life or property. |
| Reg 5: Power to enter premises for purposes of inspection, testing, disconnection etc. | Officer authorised by the relevant authority | If necessary to avert danger to life or property, disconnect and seal off any gas fitting or any part of the gas system, or disconnect the premises, or if not connected, signify refusal to convey gas to premises etc. | |
| Gas Safety (Management) Regulations 1996 [1996/551] | Reg 7 (4) and (5): Entry to relevant place by person conveying gas when carrying out duty to prevent gas escaping. | Person conveying gas | Take all steps necessary to avert clanger to persons from entry of gas. |
| Submarine Pipe-lines (Inspectors etc) Regulations 1977 [1977/835] | Art3(1)(b): Entry to premises for purposes of inspecting pipe-lines. | Inspector appointed by SoS | If risk of Sch. 1 occurrence (concern actual or potential danger etc.) require remedial/preventative action, shut down if serious risk. |
Subjects
Powers of entry
Date
22 October 2008
Reference
224462; 481 c449-51W
House
House of Commons
(2) which categories of public official may (a) enter a place of business and (b) call a halt to (i) trading and (ii) production (A) with and (B) without advance notice; and what the circumstances are in which such actions may lawfully be taken in each case.
(2) which categories of public official may (a) enter a place of business and (b) call a halt to (i) trading and (ii) production (A) with and (B) without advance notice; and what the circumstances are in which such actions may lawfully be taken in each case.
Asked by
John Baron
(Conservative)
Answered by
Lord Coaker
(Labour)
Answering body
Home Office
Type
Written questions
Status
Answered
Tabled on
3 October 2008
For answer on
6 October 2008
Answered on
22 October 2008
[holding answer 6 October 2008]: Powers of entry with or without warrant by definition do not require the consent of the owner or occupier of the premises. The list of powers of entry to all premises is contained on the Powers of Entry Review webpage at:"http://police.homeoffice.gov.uk/operationalpolicing/powerspacecodes/powersofentryreview/."The content of the list are currently subject to verification with other Government Departments and investigating agencies. Specific powers where prior notice is required are set out in the following table.The ability to require a cessation to operating functions is an enforcement power. Such enforcement action would not be conditional on the exercise of a power of entry. The list sets out statute which provides for cessation and which also contains a power of entry.
| Primary legislation | |||
|---|---|---|---|
| Statute | Power | Who may enter | Other powers |
| Fire and Rescue Services Act 2004 | s.44: Powers of fire-fighters in an emergency. | Employee of fire and rescue authority in writing | May restrict access of persons to premises or place. |
| Health and Safety at Work etc Act 1974 | s.20: Powers of Inspectors. | Inspectors appointed under the Act | Comprehensive list of powers of examination/investigation which includes power to direct that premises or parts are left undisturbed for as long as reasonably necessary to complete the examination. |
| Housing Act 2004 | s.40 Emergency Remedial action. | Local housing authority | May take emergency remedial action. |
| Sch. 3, para. 3: Entry by local housing authorities to take action regarding improvement Notices without agreement. | Local housing authority | Person auth in writing by local housing authority may take action in relation to hazard |
| Secondary legislation | |||
|---|---|---|---|
| Statutory instrument (year/number) | Power | Who may enter | Other powers |
| Avian Influenza and Influenza of Avian Origin in Mammals (England) (No 2) Order 2006 [2006/2702] | Art 72(2): Entry to decide whether to grant/ maintain licence to move anything. | Inspector or person authorised by SoS | Article 82—general powers of inspectors when performing functions under this Order includes cleansing and disinfecting etc. |
| Enzootic Bovine Leukosis (England) Order 2000 [20002056] | Art 10(3): Entry where notice served under (1) for purposes of cleansing and disinfection. | Veterinary Inspector | May cause to carry out cleansing disinfection -may recover expenses from person in default. |
| Enzootic Bovine Leukosis (Wales) Order 2006 [2006/867] | Art 11(3): Entry where notice served under (1) for purposes of cleansing and disinfection. | Veterinary Inspector | May cause to carry out cleansing disinfection -may recover expenses from person in default. |
| Importation of Animal Pathogens Order 1980 [1980/212] | Art 6(5): Entry by inspectors where notice served under para (3) regarding cleansing and disinfecting not complied with. | Veterinary Inspector | May cause to carry out cleansing disinfection. |
| Marketing of Fruit Plant Material Regulations 1995 [1995/2653] | Reg 12(1): Entry to ascertain whether a contravention of these regulations. | Inspector | May serve notice on supplier of failure to comply with regulation 5(a) and require not to move/ market plant material until reasonable measures specified in notice carried out. |
| Marketing of Ornamental Plant Propagating Material Regulations 1999(1999/180] | Reg 13(1): Entry to ascertain whether a contravention of these regulations. | Inspector | May serve notice on supplier of failure to comply with these regulations and require not to move/ market propagating material until such reasonable measures specified in notice carried out. |
| Marketing of Vegetable Plant Material Regulations 1995 [1995/2652] | Reg 11 (1): Entry to ascertain whether a contravention of these regulations.. | Inspector | May serve notice on supplier of failure to comply with regulation 5(a) and require not to move/ market plant material until such reasonable measures specified in notice are carried out. |
| Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 [1997/1729] | Reg 16: Entry following failure to comply with notice served under these regulations. | Veterinary Inspector | May take or cause to be taken such necessary steps to ensure compliance with requirements of notice. Costs may be recoverable. |
| Gas Safety (Rights of Entry) Regulations 1996 [1996/2535] | Reg 4 (1): Entry by gas transporter to deal with gas escapes of gas conveyed by the transporter. | Officer authorised by transporter | Carry out work necessary to prevent the escape of gas and take any other steps to avert danger to life or property. |
| Reg 5: Power to enter premises for purposes of inspection, testing, disconnection etc. | Officer authorised by the relevant authority | If necessary to avert danger to life or property, disconnect and seal off any gas fitting or any part of the gas system, or disconnect the premises, or if not connected, signify refusal to convey gas to premises etc. | |
| Gas Safety (Management) Regulations 1996 [1996/551] | Reg 7 (4) and (5): Entry to relevant place by person conveying gas when carrying out duty to prevent gas escaping. | Person conveying gas | Take all steps necessary to avert clanger to persons from entry of gas. |
| Submarine Pipe-lines (Inspectors etc) Regulations 1977 [1977/835] | Art3(1)(b): Entry to premises for purposes of inspecting pipe-lines. | Inspector appointed by SoS | If risk of Sch. 1 occurrence (concern actual or potential danger etc.) require remedial/preventative action, shut down if serious risk. |
Subjects
Powers of entry
Date
22 October 2008
Reference
224464; 481 c449-51W
House
House of Commons
To ask the Secretary of State for the Home Department what powers police community support officers (PCSOs) have to (a) stop members of the public, (b) enter private property, (c) demand information from members of the public and (d) issue fixed penalty notices; and what offences may an individual be...
To ask the Secretary of State for the Home Department what powers police community support officers (PCSOs) have to (a) stop members of the public, (b) enter private property, (c) demand information from members of the public and (d) issue fixed penalty notices; and what offences may an individual be...
Asked by
John Baron
(Conservative)
Answered by
Lord Coaker
(Labour)
Answering body
Home Office
Type
Written questions
Status
Answered
Tabled on
3 October 2008
For answer on
8 October 2008
Answered on
22 October 2008
[holding answer 8 October 2008]: The full range of powers available to PCSOs are available at:"http://police.homeoffice.gov.uk/publications/communitypolicing/List_of_Powers_of_Community1.pdf?view=Binary."On the specific areas requested, a PCSO may (a) stop a member of the public in the course of the community support officer exercising his or her powers.There is a specific power to stop and search under the Terrorism Act 2000 in authorised areas when in the company of and under the supervision of a constable.On (b), a constable may enter and search any premises for the purposes of saving life and limb or preventing serious damage to property; and may enter licensed premises under section 180 of the Licensing Act 2003 for the purposes of investigating relevant licensing offences.On (c), a PCSO may demand information which is necessary and relevant for them in the course of exercising their powers.On (d), a PCSO may issue a fixed penalty notice in respect of the following:"cycling on a footpath;""littering;""offences under dog control orders;""offences of disorder—there are 21 individual offences of disorder;""truancy;""excluded pupil found in a public place;""dog fouling;""graffiti and fly-posting."Under section 46(2) of the Police Reform Act 2002, a person who resists or wilfully obstructs a designated person in the course of his duty is guilty of an offence and liable on summary conviction to imprisonment of a term not exceeding one month or to a level 3 fine or both.
Subjects
Powers; Police community support officers
Date
22 October 2008
Reference
481 c437W; 225211
House
House of Commons
To ask the Secretary of State for the Home Department how many crimes of violence against the person were recorded in Billericay constituency in each of the last five years.
To ask the Secretary of State for the Home Department how many crimes of violence against the person were recorded in Billericay constituency in each of the last five years.
Asked by
John Baron
(Conservative)
Answered by
Lord Coaker
(Labour)
Answering body
Home Office
Type
Written questions
Status
Answered
Tabled on
31 March 2008
For answer on
24 April 2008
Answered on
24 April 2008
Statistics are not collected specifically on a constituency basis. The Home Office does publish statistics at crime and disorder reduction partnership (CDRP) area level. The number of offences of violence against the person for each of the last five years by CDRP is available on the Home Office website at:"http://www.homeoffice.gov.uk/rds/pdfs08/cdrpog.xls"Also available is a look-up table that identifies which constituencies are associated with CDRPs. In many instances, a CDRP may comprise of more than one constituency. Conversely, some constituencies will come within two or more CDRPs, either wholly or partially. The look-up table is available at:"http://www.homeoffice.gov.uk/rds/pdfs08/cdrp-constituency-table.xls"Copies of both the statistics table and the look-up table are available in the Library.
Subjects
Crimes of violence
Date
24 April 2008
Reference
474 c2262-3W; 198767
House
House of Commons