Protection of Freedoms Act 2012 (c. 9)

Part 3 U.K. Protection of property from disproportionate enforcement action

CHAPTER 1 U.K. Powers of entry

Repealing, adding safeguards or rewriting powers of entry U.K.

41 Rewriting powers of entry U.K.

(1) The appropriate national authority may by order rewrite, with or without modifications—

(a) powers of entry, associated powers or any aspects of any such powers, or

(b) enactments relating to, or connected with, any such powers or aspects.

(2) The power under subsection (1) to rewrite a power of entry or associated power includes, in particular, the power to remove an aspect of such a power without replacing it.

(3) But no order under this section may alter the effect of—

(a) a power of entry,

(b) any associated power connected with it, or

(c) any safeguard relating to, but not forming part of, the power of entry or associated power,

unless, on and after the changes made by the order, the safeguards in relation to the power of entry and associated powers connected with it, taken together, provide a greater level of protection than any safeguards applicable immediately before the changes.

Commencement Information

I1 S. 41 in force at 1.7.2012 by S.I. 2012/1205, art. 3(k)