Explanatory Notes

Protection of Freedoms Act 2012

2012 CHAPTER 9

1 May 2012

The Act

Commentary on Sections

Part 3: Protection of property from disproportionate enforcement action
Chapter 1: Powers of Entry
Section 41: Rewriting powers of entry

192.Subsections (1) and (2) confer on the appropriate national authority a power, exercisable by order, to rewrite any powers of entry or associated powers with or without modifications. The powers extend to rewording related enactments. Such an order might consolidate a number of powers of entry exercisable for similar purposes or by a defined category of state officials. Whilst an order made under this section may alter a power of entry or associated power and any safeguard linked to such powers, the combined effect of the changes must be to add to the level of protection afforded by the safeguards when taken together (subsection (3)).