New Clause 42 - Investigatory powers: interpretation

Part of Renters (Reform) Bill – in a Public Bill Committee at 3:00 pm on 28 November 2023.

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(b) in relation to a notice to a person referred to in section (Suspected residential tenancy: entry without warrant)(1)(c)(ii), includes delivering or leaving it at the address supplied by the person or sending it to that address by post, and ‘given’, in relation to such a notice, is to be read accordingly;

‘occupier’, in relation to premises, means any person an officer of a local housing authority reasonably suspects to be an occupier of the premises;

‘premises’ includes any stall, vehicle, vessel or aircraft;

‘relevant person’: see section (

‘the rented accommodation legislation’: see section (

(2) References in this Chapter to an officer—

(a) are to a person authorised in writing by a local housing authority to exercise powers under this Chapter, and

(b) in relation to a particular power only cover a particular officer if and to the extent that the officer has been authorised to exercise that power.

(3) References in this Chapter to the functions of a local housing authority by virtue of particular legislation include references to any function of the authority of investigating whether an offence has been committed under that legislation.

(4) A duty or power to process information that is imposed or conferred by, or by virtue of, this Chapter does not operate to authorise the processing of information which would contravene—

(a) the data protection legislation (but the duty or power is to be taken into account in determining whether the processing would contravene that legislation), or

(b) Parts 1 to 7 or Chapter 9 of the Investigatory Powers Act 2016.

(5) In subsection (4) ‘the data protection legislation’ has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).”—

This new clause contains definitions and other interpretive provision in relation to the other new clauses that create investigatory powers for local housing authorities, which are expected to form a new Chapter in Part 3 of the Bill.