The measures in the Act
731.The measures in the Act clarify and align inspectors’ powers in order to remove the uncertainty that currently exists and allow inspectors to operate effectively.
732.The measures are contained in section 67 and Schedule 6. They replace the current legislation.
733.In the new legislation, the term “inspector” is replaced by “authorised officer”. The new powers enable the Secretary of State and Local Authorities to authorise officers to use the powers set out in new sections 109B and 109C. Section 109B sets out the powers that authorised officers have to require information by issuing a “written notice”. The powers at section 109C set out an authorised officer’s powers to enter premises in order to obtain information. The powers do not allow authorised officers to force entry to premises, forcibly search premises or compulsorily detain persons for questioning. The purposes for which the powers can be used are also set out clearly in the legislation in section 109A(2) and 110A(2).
734.If those from whom information has been requested fail to comply with authorised officers’ requests they may be prosecuted under the current section 111 of the Administration Act.
