Clause 26 - Enforcement: power of entry
London Olympics Bill
12:00 pm
Richard Caborn (Minister of State (Sport), Department for Culture, Media & Sport; Sheffield Central, Labour)
I beg to move amendment No. 75, in clause 26, page 19, line 25, at end insert—
‘(3A)An article removed—
(a)if removed by an enforcement officer, shall as soon as is reasonably practicable be delivered to a constable, and
(b)whether removed by or delivered to a constable, shall be treated as if acquired by the constable in the course of the investigation of an offence;
but this subsection is subject to subsection (3).’.
The amendment is a necessary addition to our enforcement powers in relation to street trading. Under clause 26(3) we have provided that, where an enforcement officer removes any article in order to prevent further trading, or for evidence in any potential court proceedings, there is provision to ensure that such articles are returned in a timely and appropriate fashion, where the reasons for seizure no longer justify retention. In addition to those powers, the amendment ensures that where enforcement officers—as opposed to police officers—seize goods, they are required to pass the goods to police as soon as possible. That is to ensure that the Police Property Act applies. That Act provides a procedure whereby the police may apply to dispose of or return seized property, or individuals may reclaim property. That procedure is particularly useful where the ODA, enforcement officers or the police do not have the details of the rightful owner of property, or where there appears to be a question mark over such ownership.