Natural Environment and Rural Communities Bill

With this it will be convenient to discuss the following: New clause 2—Enforcement powers in connection with pesticides: entry and search with a warrant— '(1) If, on an application by a constable or an inspector, a justice of the peace is satisfied— (a) that there are reasonable grounds for believing that— (i) an offence under section 43 is being or has been committed on any premises, or (ii) evidence of the commission of an offence under section 43 is to be found on any premises, and (b) that one or more of the conditions in subsection (2) is met, he may issue a warrant authorising a constable or an inspector to enter the premises and each them for evidence of the commission of an offence under section 43. (2) The conditions are— (a) in the case of any part of premises which is not used as a private dwelling, that the occupier of the premises has been informed of the decision to apply for the warrant; (b) in the case of any part of premises which is not used as a private dwelling, that the occupier of the premises— (i) has been informed of the decision to seek entry to the premises and the reasons for that decision. (ii) has failed to allow entry to the premises on being requested to do so by a person mentioned in section [Enforcement powers in connection with pesticides: entry and search by force without a warrant] (1), and (iii) has been informed of the decision to apply for the warrant; (c) in either case— (i) that the premises are unoccupied, or the occupier is absent, and notice of intention to apply for the warrant has been left in a conspicuous place on the premises, or (ii) an application for admission to the premises or the giving of notice of intention to apply for the warrant is inappropriate because— (a) it would defeat the object of entering the premises, or (b) entry is required as a matter of urgency. (3) References in subsection (2) to the occupier of premises, in relation to any vehicle, vessel, aircraft or hovercraft, are to the person who appears to be in charge of the vehicle, vessel, aircraft or hovercraft, and "unoccupied" shall be construed accordingly. (4) Sections 15 and 16 of the Police and Criminal Evidence Act 1984 (c. 60) shall have effect in relation to a warrant issued under this section to an inspector as they have effect in relation to a warrant so issued to a constable. (5) A constable or an inspector exercising powers under a warrant issued under this section may (if necessary) use such force as is reasonable in the exercise of those powers.'. Amendment No. 8, in page 16, line 11, leave out Clause 44. Amendment No. 4, in clause 44, page 16, line 13, after 'premises', insert 'which he has reason to believe may be relevant.'. Amendment No. 9, in clause 45, page 16, line 31, leave out 'and 44' and insert ', [Enforcement powers in connection with pesticides: entry and search by force without a warrant] and [Enforcement powers in connection with pesticides: entry and search with a warrant]'. Amendment No.10, page 16, line 41, at end insert— '(5) "Inspector" means— (a) a person authorised in writing by the Secretary of State to exercise the powers under sections [Enforcement powers in connection with pesticides: entry and search by force without a warrant] and [Enforcement powers in connection with pesticides: entry and search with a warrant] in relation to England; (b) a person authorised in writing by the National Assembly for Wales to exercise the powers under sections [Enforcement powers in connection with pesticides: entry and search by force without a warrant] and [Enforcement powers in connection with pesticides; entry and search with a warrant] in relation to Wales.'. Government amendment No. 30