HC Deb 03 February 1982 vol 17 cc427-8

POWER TO ENTER PREMISES (ACUPUNCTURE, ETC.)

  1. `(1) Subject to subsection (2) below, an authorised officer of a local authority may enter any premises I the authority's area if he has reason to suspect that an offence under section 15 above is being committed there.
  2. (2) The power conferred by this section may be exercised by an authorised officer of a local authority only if he has been granted a warrant by a justice of the peace.
  3. (3) A justice may grant a warrant under this section only if he is satisfied—
    1. (a) that admission to any premises has been refused, or that refusal is apprehended, or that the occupier is temporarily absent, or that the case is one of urgency, or that an application for admission would defeat the object of the entry; and
    2. (b) that there is reasonable ground for entry under this section.
  4. (4) A warrant shall not be granted unless the justice is satisfied either that notice of the intention to apply for a warrant has been given to the occupier, or that the occupier is temporarily absent, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry.
  5. (5) A warrant shall continue in force—
    1. (a) for seven days; or
    2. (b) until the power conferred by this section has ben exercised in accordance with the warrant,
  6. (6) Where an authorised officer of a local authority exercises the power conferred by this section, he shall produce his authority if required to do so by the occupier of the premises.
  7. (7) Any person who without reasonable excuse refuses to permit an authorised officer of a local authority to exercise the power conferred by this section shall be guilty of an offence and shall for every such refusal be liable on summary conviction to a fine not exceeding £200.'.—[Mr. Raison.]

Brought up, and read the First time.

Mr. Raison

I beg to move, That the clause be read a Second time.

The clause relates to the provisions for acupuncture, tattooing, ear-piercing and electrolosis. It has been accepted that there could he occasions when this part of the Bill, as brought into force in any area by resolution of the local authority, would be ineffective if its authorised officers could not enter premises on which it was suspected on good grounds that an offence against it was being committed but to which access had been denied or permission for access could not be obtained. The power of entry as conferred by the new clause is made subject to safeguards. A warrant must be obtained and before granting it a justice of the peace must satisfy himself that there are adequate grounds for its issue because access to premises and the enforcement of the law cannot be secured in any other way.

Mr. R. C. Mitchell

Was this power asked for by the local authority associations? Why was it not in the Bill as drafted? Was it asked for by the associations subsequently? The House should always be reluctant to grant local authority officers the power of access to somebody's premises unless there is a good reasor for so doing.

Mr. Raison

I understand that the power was not asked for by the associations. We believe it to be necessary.

Question put and agreed to.

Clause read a Second time, and added to the Bill.

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