moved Amendment No. 41:"Page 26, line 28, after ““must”” insert ““before leaving the premises (unless impractical)””"
The noble Lord said: Amendments Nos. 41 and 43 in this group are in my name; Amendment No. 42 is in the name of the noble Lord, Lord Hodgson. I nearly called him my noble friend—this is getting too chummy.
The amendments are all to do with the power to enter premises and seize documents, included in Clause 26, which contains a new Section 31A to come after Section 31 in the Charities Act 1993. The power to enter premises contains warrants for entry and search. The two amendments in my name are practical and limited but useful. Subsection (6) of the new section says that the authorised person—that is, the person executing the warrant—is required to make a written record of the date and time of his entry; the number of persons with him; the period that he spent on the premises; and what he did on the premises and so on, but especially with any document or device of which he took possession while there. My amendment would add the words that that person must do all that,"““before leaving the premises (unless impractical)””."
Similarly, Amendment No. 43 alters subsection (7), which states:"““If required to do so, the authorised person must give a copy of the record to the occupier of the premises or someone acting on his behalf””."
That is sensible and fair, but I would insert the words that the authorised person must give a copy of the record,"““before leaving the premises (unless impractical)””."
Again, it is obvious that the two amendments are designed to ensure that such things are done contemporaneously, so that the record will be more accurate and—more to the point—checkable by the person requesting a copy of the records concerned. I hope that the amendment will find favour with the Government, as it is a balancing provision designed to make the powerful new entitlements fairer to the person whose premises are proceeded against. I beg to move.
Charities Bill [HL]
Proceeding contribution from
Lord Phillips of Sudbury
(Liberal Democrat)
in the House of Lords on Tuesday, 12 July 2005.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Charities Bill [HL].
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2005-06Chamber / Committee
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