Lords Amendment — 7 Nov 2002 at 13:40

14 Clause 6, page 3, leave out lines 28 to 37 and insert- "(5) The second condition is that each of the following applies to the occupier of the premises-

(a) he has been informed of the decision to seek entry to the premises and of the reasons for that decision;

(b) he has failed to allow entry to the premises on being requested to do so by an inspector;

(c) he has been informed of the decision to apply for the warrant and of the reasons for that decision including a copy of the sworn information;

(d) he has been provided with an opportunity to make representations to the justice of the peace about whether the warrant should be issued;

(e) he has been provided with the opportunity to present sworn information in person or in writing to the justice of the peace who is to consider the application for a warrant." (6) The third condition is that-

(a) the premises are unoccupied or the occupier is absent and (in either case) notice of intention to apply for the warrant has been left in a conspicuous place on the premises, or

(b) an application for admission to the premises or the giving of notice of intention to apply for the warrant would defeat the object of entering the premises." The Commons agreed to this amendment with the following amendment-

14A Line 8, leave out from "warrant" to the end of line 16

rose to move, as an amendment to the Motion that the House do agree with the Commons in their Amendment No. 14A to Lords Amendment No. 14, leave out "agree" and insert "disagree".

On Question, Whether the said amendment (No. 14B) shall be agreed to?

Their Lordships divided: Contents, 144; Not-Contents, 108.

Debate in Parliament | Historical Hansard | Source |