§ Mr. David Priceasked the Secretary of State for the Home Department if he will list every different circumstance in which officials of his Department, and of all public bodies ultimately answerable to himself, have search and entry powers into either the homes or the business premises of British citizens, with in each case reference to the appropriate statutory authority for the exercise of such powers.
§ Dr. SummerskillThe information is set out in the accompanying table.
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Statutory Authority Persons Authorised Power Circumstances of Use Fire Precautions Act 1971: Section 19 Inspector or assistant inspector appointed under section 24 of the Fire Services Act 1947. Entry to premises which require a fire certificate and to other premises situated in the same building. To inspect for the purposes of the Act. Safety of Sports Grounds Act 1975: Section 11 Persons authorised by the Secretary of State. Entry to sports grounds. To inspect for the purposes of the Act. Gaming Act 1968: Section 43(2) Gaming Board inspectors. Entry to premises licensed under the Act. To inspect premises, machines, equipment, books or documents to ascertain whether an offence against the Act or regulations is being or has been committed. Misuse of Drugs Act: Section 23(1) Persons authorised by the Secretary of State. Entry to the premises of a person carrying on business as a producer or supplier of any controlled drugs. To inspect any books or documents relating to dealings in controlled drugs and any stocks of such drugs. Civil Defence Act 1948: Section 4(3) Persons authorised by the Secretary of State. To inspect land (which includes any premises on the land), after 24 hours notice. To ascertain whether or not anything should be constructed or done on the land, or use made of the land, for civil defence purposes. Prison Act 1952: Sections 8 and 23 Prison officers. A prison officer, while acting as such, has the powers appropriate to a constable which may include powers of entry and search. These may be used outside the area of his jurisdiction when taking a person to or from any prison. In practice, the powers would be used only for the arrest of a person unlawfully at large. Wireless Telegraphy Act 1949: Section 15(1) Persons authorised by the Secretary of State, with search warrants granted by a Justice of the Peace or, in Scotland, the Sheriff. Entry to and search of specified premises. Where there are reasonable grounds for suspecting that an offence under the 1949 Act, relating to licensing and use other than in accordance with a licence, has been or is being committed. Section 15(2) Persons authorised by the Secretary of State with written authorisation from a Justice of the Peace or, in Scotland, the Sheriff. Entry to and search of specified premises. Where there are reasonable grounds for suspecting that an offence is being committed, relating to the control of radio interference regulations under section 10 of the 1949 Act, provided that access has been refused during the 14 days preceding the application for a warrant. 316W
Statutory Authority Persons Authorised Power Circumstances of Use Post Office Act 1969: Part IV, Section 91 Persons authorised by the Secretary of State, with search warrants granted by a Justice of the Peace or, in Scorland, the Sheriff. Entry to and search of specified premises. Where there are reasonable grounds for suspecting that an offence under Part IV of the 1969 Act, relating to licensing of programme distribution systems, is being committed.