Clause 47 - Power of OFT to require access to premises
Consumer Credit Bill
12:00 pm
Charles Hendry (Shadow Minister, Trade & Industry; Wealden, Conservative)
The clause provides distinctive powers for the Office of Fair Trading. We agree in principle that it should have those powers, but I would be grateful if the Minister clarified a couple of points of detail.
New section 36C(4) states:
“The licensee shall secure that the required access is given at such times as the OFT reasonably requires.”
How does he define “reasonably”? For example, would it essentially mean working days and working hours or could it include weekends or the middle of the night? We need a clear definition.
New subsection (3)(b) states that it does
“not include premises which are used only as a dwelling.”
What happens if the premises are a dwelling? Do they come under clause 48, which gives powers to inspect premises under a warrant, or are dwellings more permanently excluded from such investigations? That would be rather surprising.
New subsection (8) states:
“A requirement may be imposed under subsection (1)...only if the observation or inspection in question is reasonably required for purposes connected with the OFT’s functions under this Act.”
Again, can he define “reasonably” for us? That would provide us with the greater clarity that we are seeking.