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Clause 44 - Enforcement powers in connection with pesticides

Part of Natural Environment and Rural Communities Bill – in a Public Bill Committee at 12:45 pm on 28th June 2005.

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Photo of Eric Forth Eric Forth Conservative, Bromley and Chislehurst 12:45 pm, 28th June 2005

With this it will be convenient to discuss the following amendments:

No. 65, in clause 44, page 16, line 10, after ‘inspector’, insert

‘who suspects with reasonable cause that an offence is being committed under section 43’.

No. 125, in clause 45, page 16, line 29, leave out ‘and 44’ and insert

‘44, [Enforcement powers in connection with pesticides: entry and search without a warrant], [Enforcement powers in connection with pesticides: entry and search by force without a warrant], and [Enforcement powers in connection with pesticides: entry and search with a warrant]’.

New clause 4—Enforcement powers in connection with pesticides: entry and search without a warrant—

‘(1)If a constable or an inspector reasonably suspects—

(a)that a relevant offence is being or has been committed on any premises, or

(b)that evidence of the commission of a relevant offence is to be found on any premises, he may at any reasonable time enter the premises and search them for evidence of the commission of a relevant offence.

(2)Subsection (1) does not authorise entry into any part of premises which is used as a private dwelling.’.

New clause 5—Enforcement powers in connection with pesticides: entry and search by force without a warrant—

‘(1)If a constable or an inspector reasonably believes—

(a)that evidence of the commission of a relevant offence is to be found on any premises, or

(b)that evidence is likely to be removed, destroyed or lost before a warrant can be obtained and executed, he may at any time enter the premises and search them for evidence of the commission of a relevant offence.

(2)Subsection (1) does not authorise entry into any part of premises which is used as a private dwelling.

(3)A constable or an inspector exercising powers under subsection (1) may (if necessary) use such force as is reasonable in the exercise of those powers.

(4)An inspector may not exercise the power of entry conferred by subsection (1) between the hours of 11 p.m. and 5 a.m. unless accompanied by a constable.’.

New clause 6—Enforcement powers in connection with pesticides: entry and search with a warrant—

‘(1)If, on an application by a constable or an inspector, a justice of the peace is satisfied—

(a)that there are reasonable grounds for believing that—

(i)a relevant offence is being or has been committed on any premises, or

(ii)evidence of the commission of a relevant offence is to be found on any premises, and

(b)that one or more of the conditions in subsection (2) is met, he may issue a warrant authorising a constable or an inspector to enter the premises and search them for evidence of the commission of a relevant offence.

(2)The conditions are—

(a)in the case of any part of premises which is used as a private dwelling, that the occupier of the premises has been informed of the decision to apply for the warrant;

(b)in the case of any part of premises which is not used as a private dwelling, that the occupier of the premises—

(i)has been informed of the decision to seek entry to the premises and the reasons for that decision,

(ii)has failed to allow entry to the premises on being requested to do so by a person mentioned in section [Enforcement powers in connection with pesticides: entry and search without a warrant] (1) or [Enforcement powers in connection with pesticides: entry and search by force without a warrant] (1), and

(iii)has been informed of the decision to apply for the warrant;

(c)in either case—

(i)that the premises are unoccupied, or the occupier is absent, and notice of intention to apply for the warrant has been left in a conspicuous place on the premises, or

(ii)an application for admission to the premises or the giving of notice of intention to apply for the warrant is inappropriate because—

(a)it would defeat the object of entering the premises, or

(b)entry is required as a matter of urgency.

(3)References in subsection (2) to the occupier of premises, in relation to any vehicle, vessel, aircraft or hovercraft, are to the person who appears to be in charge of the vehicle, vessel, aircraft or hovercraft, and “unoccupied” shall be construed accordingly.

(4)Sections 15 and 16 of the Police and Criminal Evidence Act 1984 (c. 60) shall have effect in relation to a warrant issued under this section to an inspector as they have effect in relation to a warrant so issued to a constable.

(5)A constable or an inspector exercising—

(a)powers under a warrant issued under this section, or

(b)powers under Schedule 1 in connection with the execution of such a warrant, may (if necessary) use such force as is reasonable in the exercise of those powers.’.