Explanatory Notes

Legislative and Regulatory Reform Act 2006

2006 CHAPTER 51

8 November 2006

Commentary on Sections

Part 1: Order-Making Powers

Restrictions

Section 7: Forcible entry etc

74.This section prevents an order under this Part from making provision authorising forcible entry, search or seizure, or compelling the giving of evidence. This does not, however, prevent an order from extending an existing power to do any of those things, but it can only do so where the power is extended for purposes similar to those to which the power applied before the order was made. For example, there might be an existing power to search certain buildings in certain circumstances. An order which is making provision for the purpose of removing or reducing burdens, might greatly reduce the circumstances in which a search of those buildings could take place. The order might, however, also extend the existing power in certain limited respects, for purposes similar to the purpose of the original power.

75.The restriction on making provision authorising forcible entry, search or seizure, or compelling the giving of evidence does not apply to provision which is merely restating an enactment.