Overview

This bill aims to regulate powers of entry to premises and the handling of documents by government officials and authorized personnel. It sets out limitations and procedures to ensure these powers are exercised fairly and proportionately, respecting individuals' rights while maintaining effective enforcement of laws.

Description

The bill regulates powers of entry for various purposes, including investigating offenses, ensuring compliance with laws, inspections, and surveys. It applies to powers listed in Schedule 1 (a vast list of Acts and secondary legislation). The bill restricts entry unless specific procedures (detailed in Schedule 2's Code of Practice) are followed or immediate danger exists. Entry is generally limited to weekdays between 8 am and 6 pm, with exceptions for open businesses. A maximum of four people can enter at once. The bill also regulates the compulsion of document production, requiring court orders, deadlines, and specification of document retention times. Future primary legislation concerning entry powers must adhere to the bill's requirements for clear specifications of circumstances, authorizing personnel, and procedures including written authorization and notification to the premises' occupier.

Limitations and Procedures

The bill establishes limitations on the timing and number of individuals permitted during entries. It emphasizes adherence to a Code of Practice (Schedule 2) that outlines courteous conduct, minimum force usage, notification, and record-keeping. Document seizure requires a court order unless copies are provided willingly.

Exemptions

The bill explicitly excludes police officers and members of the security and intelligence services from its scope.

Government Spending

The bill's direct impact on government spending is not explicitly stated in the provided text. However, the implementation of the Code of Practice and the potential for legal challenges due to non-compliance might imply indirect costs. The cost of training personnel to adhere to the new procedures is also a potential cost.

Groups Affected

• Government officials and authorized personnel: They will be subject to new limitations and procedures when exercising entry powers and obtaining documents.
• Businesses and individuals: They will be afforded additional rights and protections regarding entries to their premises and the seizure of documents. They will be more informed of the reasons and procedures for entries.
• Courts and magistrates: They will have a more significant role in authorizing entry and document production through court orders.

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