Explanatory Notes

Public Health (Wales) Act 2017

2

3 July 2017

Commentary on Sections

Part 4.Special Procedures

Section 84 - Powers of entry etc.

171.Section 84 enables an authorised officer to enter premises (excluding premises used wholly or mainly as a dwelling) at any reasonable time, if the officer has reason to believe that a special procedure has been, is being, or is likely to be performed at the premises, or that material or equipment relating to a special procedure is stored or prepared at the premises. The power to enter premises does not enable the authorised officer to enter by force. If required, an authorised officer must, before entering the premises, show evidence of their authorisation. The power of entry also applies to a vehicle.

172.Section 67(9) of the Police and Criminal Evidence Act 1984 provides that, while acting in the course of their enforcement functions, authorised officers of the enforcement authority must have regard to the relevant code of practice made under that Act. Therefore, authorised officers must have regard to the PACE Code of Practice B in the exercise of their enforcement functions.