SUPPLEMENTARY PROVISIONS AS TO THE POWERS CONFERRED UNDER SECTION 1 OR 2 (Hansard, 5 August 1976)

§ Mr. Graham Page
I beg to move Amendment No. 40, in page 6, line 25, at end insert 'and shall include provisions that no entry shall be made except as authorised by a magistrates' warrant'. In Clause 3(4)(a), an order may authorise the authority to enter upon any land specified in the order and to occupy and use the land to such extent and in such manner as may be requisite for the execution and maintenance of the works". I think that the public are always very concerned when a public authority is given the power to enter land and, particularly in this case, to occupy and use the land, but not merely to enter upon it in order to obtain information or something of that sort. In fact, as the clause stands, the order could authorise a break-in to an inhabited dwelling-house without notice, although subsection (5) also states that the order may specify that not less than seven days' notice shall be given. The power given, for instance, in the Water Act 1945 is a power to enter if entry has been refused only on a magistrate's warrant. That is to say, if entry is allowed—if the occupant does not object when the officer calls to enter—that is all right, but if entry is refused the previous legislation has rightly said that one should go to the magistrate and on oath obtain a warrant for entry.
That could apply in this case because of the mention in subsection (5) of the giving of seven days' notice. Obviously one is not contemplating an emergency, a breaking-in to overcome some emergency conditions. In these circumstances, I should have thought that the right thing to do was to provide that if entry was refused it should be done only on a warrant and that there should not be any authorisation of a break-in to premises for this purpose.

§ Mr. John Silkin
In normal circumstances I should have some sympathy, though not all the way, with the right hon. Gentleman, because, like one of my right hon. Friends on a previous occasion, he could do better. In any event, the magistrate's warrant is not technically the 2267 right thing, because it should be the warrant of a justice of the peace. Justices of the peace are competent to do this and not all of them are magistrates, as the right hon. Gentleman well knows but needs to be reminded.
I agree that this power differs from the 1945 Act. We took it from the 1958 Act and I think that we were right to do so. We want to deal with something which is really a matter of urgency. I know that seven days does not seem to be a matter of urgency. We are dealing with matters like the laying of temporary mains which should be dealt with as soon as possible. We thought that seven days' notice was a perfectly adequate safeguard and that in following the 1958 Act we could not go far wrong.
I hope that the right hon. Gentleman will not make too much of this. After showing his erudition on the 1945 Act, he nodded just that once on magistrates' warrants.

§ Mr. Graham Page
After that reprimand, there is nothing I can do but say that I beg to ask leave to withdraw the amendment.

§ Mr Graham Page
At the top of page 6, subsection (3) says: A prohibition or limitation on the taking of water from any source may be imposed so as to have effect in relation to a source and so on. I am in doubt about what is meant there by the word "impose".
Throughout our debates on the Bill there have been references to directions and Orders. I am not certain whether this imposition can be done by an informal direction or whether we are talking about imposition by an Order. I should be grateful if the Minister would tell us what is meant by that word.

§ Mr. John Silkin
If I knew the answer immediately it would be both short and sweet, but it has taken me three minutes to find the place, so I had better start by reading it to myself: A prohibition or limitation on the taking of water from any source may be imposed so as to have effect in relation to a source from which a person to whom the prohibition or limitation applies". 2268 I am told that the Order will specify the source. I do not know whether this quite meets the right hon. Gentleman's point, but I suppose it does.