Powers of Entry etc. Bill [HL]

The Powers of Entry etc Bill aims to regulate and standardise powers to enter land, premises or property for the purposes of ascertaining whether an offence has been committed or whether the provisions of an Act of Parliament or secondary legislation have been complied with. It would also regulate the examination, production and seizure of objects, documents and electronic records.

The Bill outlines the circumstances under which these powers would be exercisable, the obligations that would have to be met and which individuals would be allowed to exercise the powers.

Lord Selsdon has previously introduced two versions of this Bill, most recently in the 2007–08 session of Parliament. This Bill passed through all stages in the House of Lords and was sent to the House of Commons. However, it did not receive a first reading in the House of Commons before the end of that parliamentary session.

Key areas

• Powers of entry would only be exercisable if the appropriate order had been sought following an application from an authorised person, and only then in accordance with specific conditions, such as that entry could only occur at certain times of the day and by no more than four persons.

• Those entering a property would have to clearly identify themselves to the occupants and identity the reason for their entry.

• Powers for the seizure of documents would only be exercised if the appropriate orders had been obtained, and those in possession of the documents had been notified. If the documents in question were provided in accordance with the terms of the notification, then no order for seizure could be made.