HL Deb 11 November 1976 vol 377 cc807-8

[Nos.44 and 45.]

Page 21, leave out lines 14 to 20 and insert— '(b) the circumstances specified in sub-paragraph (1A) or, as the case may be, sub-paragraph (1B) below are present,'.

Page 21, line 23, at end insert— '(1A) If no Order in Council under section 3 of this Act is for the time being in force the circumstances in which a warrant may be issued are that either—

  1. (a) admission to the premises has been refused after, if the case is not one of urgency, not less than seven days' notice of the intention to enter had been given to the occupier; or
  2. (b) application for admission would defeat the object of the entry or the premises are unoccupied.
(1B) If such an Order in Council is for the time being in force the circumstances in which a warrant may be issued are that either—
  1. (a) admission to the premises has been refused, or a refusal is apprehended, and notice of intention to apply for a warrant has been given to the occupier; or
  2. (b) application for admission would defeat the object of the entry, or the case is one of urgency, or the premises are unoccupied or the occupier is temporarily absent.'.

Lord KIRKHILL

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 44 and 45 en bloc. I should like to speak at the same time to Amendment No. 47. These Government Amendments place certain restrictions on the right of entry with a warrant provided by paragraphs 4 and 5(3) of Schedule 2, during times when there is no "emergency" Order in Council in force under Clause 3. The Government consider that some provision for a right of entry with a warrant is necessary during non-emergency times, but the restrictions proposed in the Amendments, which meet points made by the Opposition in another place, would not hinder the proper enforcement of non-emergency measures. The Government have therefore put forward these Amendments and I hope that they will be welcomed by noble Lords.

Moved, That this House doth agree with the Commons in the said Amendments.—(Lord Kirkhill.)