Part 3Protection of property from disproportionate enforcement action
CHAPTER 1Powers of entry
Repealing, adding safeguards or rewriting powers of entry
I146Sections 39 to 46: interpretation
In sections 39 to 45 and this section—
“appropriate national authority” means—
- a
in relation to the making of any provision which would be within the legislative competence of the National Assembly for Wales, the Welsh Ministers,
- b
in any other case, a Minister of the Crown,
- a
“associated power” means any power which—
- a
is contained in an enactment,
- b
is connected with a power of entry, and
- c
is a power—
- i
to do anything on, or in relation to, the land or other premises entered in pursuance of the power of entry,
- ii
to do anything in relation to any person, or anything, found on the land or other premises entered in pursuance of the power of entry, or
- iii
otherwise to do anything in connection with the power of entry,
- i
and includes any safeguard which forms part of the associated power;
- a
“enactment” includes—
- a
an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978),
- b
an enactment comprised in, or in an instrument made under—
- i
an Act of the Scottish Parliament,
- ii
Northern Ireland legislation, or
- iii
a Measure or Act of the National Assembly for Wales,
- i
- a
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975,
“modify” includes amend or repeal (and “modifications” is to be read accordingly),
“off-shore installation” has the same meaning as in the Mineral Workings (Offshore Installations) Act 1971 (see section 12 of that Act),
“power of entry” means a power (however expressed) in any enactment to enter land or other premises; and includes any safeguard which forms part of the power,
“premises” includes any place and, in particular, includes—
- a
any vehicle, vessel, aircraft or hovercraft,
- b
any off-shore installation,
- c
any renewable energy installation,
- d
any tent or movable structure,
- a
“renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (see section 104 of that Act),
“repeal” includes revoke.