HL Deb 12 July 1985 vol 466 cc429-30

6 Clause 3, page 4, line 28, leave out from ("authorise") to ("to") in line 29 and insert— ("(a) persons (in this Act referred to as "investigating officers")".)

7 Page 4, leave out lines 35 and 36 and insert— ("(b) persons (in this Act referred to as "enforcement officers") to enforce—

  1. (i) emergency orders; and
  2. (ii) directions under section 2 above.".)

8 Page 4, leave out lines 37 to 40.

9 Page 5, line 1, leave out subsections (2) and (3)

10 Page 5, line 12, at end insert— ("(3A) Either of the Ministers may authorise an investigating officer or an enforcement officer who is not an officer of his department to perform any of the Minister's functions under this Part of this Act which he could perform if he were an officer of the department; and an officer performing such functions in pursuance of such an authorisation is to be treated in relation to their performance as if he were an officer of the department.")

11 Page 5, line 12, at end insert— ("(3B) An authorisation under subsection (1) or (3A) above may be given subject to such limitations as may be specified in the instrument containing it; and this Act shall be construed, in reference to a person whose authorisation has been given subject to limitations, as subject to those limitations.".)

13 Clause 4, page 6, line 14, after ("is") insert ("for any other reason")

14 Page 6, line 15, leave out from beginning to ("may") in line 17 and insert ("performing his functions under this Part of this Act. (2A) An investigating officer or an enforcement officer")

15 Page 6, line 17, leave out from ("of") to end of line 19 and insert ("performing his functions under this Part of this Act.")

Lord Belstead

My Lords, as drafted, Clause 3(2)(b) might have enabled all enforcement officers to act under any of the provisions of Clause 2 without reference to Ministers once an emergency order had been made. That was not our intention. It is important that the extensive power which would be provided under Part I should not only be exercised with specific authority from the Government but at the same time we would not wish properly authorised local authority enforcement officers to have any less power to act than officers from central government. These amendments would put central and local government officers on a par. My Lords, I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Belstead.)

Baroness Nicol

My Lords, we should like particularly to welcome this group of amendments. We had a considerable amount of discussion on the responsibilities of officers during the passage of the Bill in this House. It gave rise to anxiety and we are grateful for the clarification that has now come. We welcome the amendments.

On Question, Motion agreed to.

11.30 a.m.