HC Deb 21 June 1976 vol 913 cc340-8W
Mr. David Price

asked the Minister of Agriculture, Fisheries and Food 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.

Mr. Peart

It is not practicable to detail all the possible circumstances in which officials of my Department and of public bodies ultimately answerable to me have powers of search and entry into private property. The Acts of Parliament under which such authority is conferred upon certain officials, and is used for the proper exercise of statutory functions, are listed below.

Department or Statutory Body Enactment Persons authorised to enter Form of authority
Ministry of Agriculture, Fisheries and Food Development Fund Act 1909 Officers of the appropriate grade Departmental authority which both identifies the officer and the statutory authority under which he acts
Seeds Act 1920 Any person whether an officer of the Ministry or not duly authorised by the Minister in that behalf. ditto
Improvement of Livestock (Licensing of Bulls) Act, 1931. Officers of the appropriate grade ditto
Destructive Imported Animals Act, 1932 ditto ditto
Agriculture Act, 1937 ditto ditto
Diseases of Fish Act, 1937 ditto ditto
Agriculture (Miscellaneous Provisions) Act, 1941. ditto ditto
Agriculture (Miscellaneous Provisions) Act. 1943. ditto ditto
Hill Farming Act, 1946 ditto ditto
Agriculture Act, 1947 ditto ditto
Agricultural Wages Act, 1948 ditto ditto
Prevention of Damage by Pests Act, 1949 ditto ditto
Mineral Workings Act, 1951 ditto ditto
Agriculture (Fertilisers) Act 1952 ditto ditto
Pests Act, 1954 ditto ditto
Food and Drugs Act, 1955 Any authorised officer of the Ministry ditto
Agriculture Act, 1957 Officers of the appropriate grade ditto
Horse Breeding Act 1958 ditto ditto
Weeds Act 1959 ditto ditto
Radioactive Substances Act 1960 ditto ditto
Agriculture (Miscellaneous Provisions) Act 1963. ditto ditto
Water Resources Act 1963 ditto ditto
Agriculture and Horticulture Act 1964 ditto ditto
Plant Varieties and Seeds Act 1964 Any person duly authorised by the Minister in that behalf. ditto
Selective Employment Payments Act 1966 Officer of the appropriate grade ditto
Agriculture Act 1967 ditto ditto
Plant Health Act 1967 ditto ditto
Sea Fisheries (Shellfish) Act 1967 ditto ditto
Slaughter of Poultry Act 1967 ditto ditto
Agriculture (Miscellaneous Provisions) Act 1968 ditto ditto
Medicines Act 1968 ditto ditto
Sea Fisheries Act 1968 ditto ditto
Department or Statutory Body Enactment Persons authorised to enter Form of authority
Ministry of Agriculture, Fisheries and Food Conservation of Seals Act 1970 Officers of the appropriate grade Departmental authority which both identifies the officer and the statutory authority under which he acts.
Agriculture Act 1970 ditto ditto
Agriculture (Miscellaneous Provisions) Act 1972. ditto ditto
European Communities Act 1972 Authorised officers or inspectors of the appropriate grade. Departmental authority or its appointed agency which both identifies the officer and the statutory authority under which he acts.
(see also below under Intervention Board for Agricultural Produce).
Dumping at Sea Act 1974 "British enforcement officers" being either full-time inspectors appointed for the purposes of the Act or existing officers of the licensing authority (i.e. the Minister) appointed to exercise and perform the powers and duties of such an inspector (limited by the instrument appointing them). Departmental authority which both identifies the officer and the statutory authority under which he acts.
The Horticulture (Special Payments) Act 1974. Any person duly authorised by the Minister in that behalf. ditto
Prices Act 1974 Duly authorised officer of the Ministry. ditto
The Rabies Act 1974 Any person duly authorised by the Minister. ditto
Diseases of Animals Act 1950 (as amended by the Diseases of Animals Act 1975). Officers of the appropriate grade ditto
Salmon and Freshwater Fisheries Act 1975. (i) Officers of the appropriate grade (i) Departmental authority which both identifies the officer and the statutory authority under which he acts;
(ii) Officers of the water authorities (ii) Written authority from the authority.
Health and Safety Commission (answerable to the Secretary of State for Employment). Health and Safety at Work, etc., Act 1974 (as amended by the Employment Protection Act 1975). MAFF officers of the appropriate grades. Health and Safety Executive Authority which both identifies the officer and the statutory authority under which he acts.
Department or Statutory Body Enactment Persons authorised to enter Form of authority
Forestry Commission (England) Forestry Act 1967 Officer of an appropriate grade authorised by the Forestry Commission. Written authority identifying the officer holding the authority and showing the purpose of the authority.
Plant Health Act (i) A Forestry Commission officer of an appropriate grade authorised by Forestry Commissioners; ditto
(ii) Officials of the Ministry of Agriculture, Fisheries and Food, acting on behalf of the Forestry Commissioners authorised by the Minister; ditto
(iii) Persons appointed by local authorities. ditto
British Wool Marketing Board Agricultural Marketing Act 1958 Officers of the appropriate grade Written authority from the board, commission or authority to enter specified premises.
Covent Garden Market Authority Covent Garden Market Act 1961 (as amended by Covent Garden Market Act 1966). Officers authorised by the authority Warrant signed by justice of peace to enter specified horticulture trade premises within market area if contravention of Acts or authority's bye-laws are suspected.
Eggs Authority Agriculture Act 1970 Officers of the appropriate grade Written authority identifying the officer holding the authority and showing the purpose of the authority.
Hops Marketing Board Agriculture Marketing Act 1958 ditto ditto
Intervention Board for Agricultural Produce European Communities Act 1972 Any authorised officer of the board or of the Minister. Departmental authority which both identifies the officer and the statutory authority under which he acts.
Agriculture Act 1957 ditto ditto
Meat and Livestock Commission Agriculture Act 1967 Officer of the appropriate grade Written authority identifying the officer holding the authority and showing the purpose of the authority.
Milk Marketing Board Agricultural Marketing Act 1958 ditto ditto
Potato Marketing Board ditto ditto ditto
Department or Statutory Body Enactment Persons authorised to enter Form of authority
Water Authorities and Internal Drainage Boards. Land Drainage Acts 1930 and 1961; the Water Resources Act 1963 and the Water Act 1973. Officer of the appropriate grade (In relation to some functions responsibility for river authorities is shared jointly with the Department of the Environment).
White Fish Authority Sea Fish Industry Act 1970 ditto Written authority identifying the officer holding the authority and showing the purpose of the authority.

Back to
Forward to