Article 48 WarrantsI1
United Kingdom
A judge may by warrant authorise a Regulator F1or an authorised person to exercise the power in article 47(1)(a), in accordance with the warrant, where satisfied that—
there are reasonable grounds for the exercise of the powerF2, and
one or more of the conditions in paragraph (2) are fulfilled in relation to the premises.
The conditions referred to in paragraph (1)(b) are that—
the exercise of the power by consent in relation to the premises has been refused,
a refusal of consent to the exercise of the power is reasonably expected,
the premises are unoccupied,
the occupier is temporarily absent from the premises and the case is one of urgency,
a request for admission to the premises would defeat the purpose of the entry.
A warrant in accordance with this article continues to have effect until the purpose for which it was issued has been fulfilled.
In paragraph (1), “judge” means—
F3in England and Wales, a justice of the peace,
in Northern Ireland, a lay magistrate, or
in Scotland, a justice of the peace or sheriff.
Annotations
Textual amendments
- F1
Word in art. 48(1) substituted (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 24(2)
- F2
Art. 48: comma substituted for semicolon (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 4
- F3
Words in art. 48(4)(a) inserted (9.11.2022) by The Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) (Amendment) Order 2022 (S.I. 2022/1050), arts. 1, 24(3)
Commencement
- I1
Art. 48 in force at 26.5.2021, see art. 1