Protection of Freedoms Act 2012 (c. 9)

Part 3 Protection of property from disproportionate enforcement action

CHAPTER 1 Powers of entry

Repealing, adding safeguards or rewriting powers of entry

40 Adding safeguards to powers of entry

(1) The appropriate national authority may by order provide for safeguards in relation to any power of entry or associated power.

(2) Such safeguards may, in particular, include—

(a) restrictions as to the premises over which the power may be exercised,

(b) restrictions as to the times at which the power may be exercised,

(c) restrictions as to the number or description of persons who may exercise the power,

(d) a requirement for a judicial or other authorisation before the power may be exercised,

(e) a requirement to give notice within a particular period before the power may be exercised,

(f) other conditions which must be met before the power may be exercised,

(g) modifications of existing conditions which must be met before the power may be exercised,

(h) other restrictions on the circumstances in which the power may be exercised,

(i) new obligations on the person exercising the power which must be met before, during or after its exercise,

(j) modifications of existing obligations which must be met by the person exercising the power before, during or after its exercise,

(k) restrictions on any power to use force, or any other power, which may be exercised in connection with the power of entry or associated power.