Clause 21 - Power to enter and remain on premises
Companies (Audit, Investigations and Community Enterprise) Bill [Lords]
9:30 am
Mr Derek Conway (Old Bexley and Sidcup, Conservative)
With this it will be convenient to discuss the following amendments:
No. 19, in
clause 21, page 25, line 32, after subsection (3) insert—
'(3A) Where the relevant premises consist either of premises all parts of which are used for residential purposes or of premises which can only be accessed via premises or parts of premises which are used for residential purposes an inspector or investigator shall not exercise his powers under subsection (2) without a warrant issued under section 453C by a justice of the peace and if such a warrant is issued the inspector's or investigator's powers under subsection (2) shall be limited to his powers under such warrant.'.
No. 20, in
clause 21, page 25, line 33, after 'subsection (2),', insert
'subject to the terms of any warrant issued under section 453C'.
No. 21, in
clause 21, page 27, line 8, at end add—
'(2) After section 453B of that Act insert—
''453C Entry into residential premises
(1) A justice of the peace may issue a warrant under section 453A(3A) if satisfied on information on oath given by or on behalf of the inspector or investigator authorised under section 453A(3A) that there are reasonable grounds for believing that access to any premises falling within section 453A(3A) will materially assist the inspector or investigator in the exercise of his functions under this Part.
(2) A warrant under section 453A(3A) may authorise the inspector or investigator, accompanied by a constable and any persons thought appropriate under section 453A(4) and any other constables—
(a) to enter the premises, and
(b) to remain there for such period as the inspector or investigator thinks necessary, or for such period as the warrant may provide, for the purpose mentioned in subsection 453A(1)(b).
(3) A warrant may be issued under section 453A(3A) subject to conditions.
(4) Sections 448(5) and 448(9) shall apply to the issue of a warrant under section 453A(3A) as they apply to the issue of a warrant under section 448(1).''.'.
No. 22, in
clause 22, page 27, line 10, leave out '453B' and insert '453C'.
No. 23, in
clause 22, page 27, line 12, leave out '453C' and insert '453D'.
No. 34, in
schedule 2, page 55, line 31, at end insert—
'(d) any person accompanying an inspector or investigator pursuant to section 453A(3A).'.
I nearly added the next group of amendments as well there. I was getting carried away by my enthusiasm.