EHTS Warrants
Case reference FOI2023/00658
Published 18 April 2023
Request
I should like to know if the Environment and Trading Standards Department, or any other department in that Directorate and or the Legal Directorate, have a WARRANT or equivalent power to seize vehicles and property that is not theirs. That is to say, Herefordshire County do not have to request the police or the courts to issue a warrant to seize property that is not theirs. This excludes matters relating to the use of bailiffs and their debt collecting roles.
If this should be the case, is there a named job title and or individual, who holds this power for Herefordshire County?
If so what compulsory "warrant issue" training is the warrant-issuer required to attend?
Response
I should like to know if the Environment and Trading Standards Department, or any other department in that Directorate and or the Legal Directorate, have a WARRANT or equivalent power to seize vehicles and property that is not theirs. That is to say, Herefordshire County do not have to request the police or the courts to issue a warrant to seize property that is not theirs. This excludes matters relating to the use of bailiffs and their debt collecting roles.
If this should be the case, is there a named job title and or individual, who holds this power for Herefordshire County?
If so what compulsory "warrant issue" training is the warrant-issuer required to attend?
Under the Antisocial behaviour crime and policing act 2014 Section 43 an authorised person (which includes the relevant local authority to which Herefordshire Council is) may issue a community protection notice if satisfied on reasonable grounds that the conduct of the individual or body is having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality, and the conduct is unreasonable.
Under section 47 Where a person is issued with a community protection notice fails to comply with a requirement of the notice, the relevant local authority may take action under this section. The relevant local authority may have work carried out to ensure that the failure is remedied, but only on land that is open to the air. In the case of land not open to the air then consent must be sought. And a person authorised by a local authority to carry out work under this section may enter any premises to the extent reasonably necessary for that purpose.
Documents
This is Herefordshire Council's response to a freedom of information (FOI) or environmental information regulations (EIR) request.
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