The Act Commentary on Sections Part 3: Protection of property from disproportionate enforcement action Section 42: Duty to review certain existing powers of entry
193.Subsection (1) places a duty on each Cabinet Minister to conduct a review of relevant powers of entry and relevant associated powers for which the Minister is responsible. The terms ‘relevant powers of entry’ and ‘relevant associated powers’ are defined in subsection (3) as those made under a public general Act or statutory instrument made under such an Act. It would, for example, accordingly fall to the Home Secretary to review powers of entry, and associated powers, exercisable by, amongst others, the police and UK Border Agency staff. In conducting such a review the Minister must consider whether, in relation to each power of entry (and associated power), to exercise the order-making powers in sections 39(1), 40 or 41. Each Cabinet Minister is required to prepare a report on the review and lay a copy of the report before Parliament. These reviews must be completed, and the report of each review laid before Parliament, within two years of Royal Assent to this Act. By virtue of subsection (2) any failure to review a particular power of entry (or associated power) does not affect the validity of that power.