Regulation 6 Powers of entry

United Kingdom

(1)

An authorised officer of an enforcement authority may, on producing a duly authenticated authorisation if required, enter any premises at any reasonable hour for the purpose of ascertaining whether—

(a)

there is or has been on the premises any contravention of these Regulations; or

(b)

there is on the premises any evidence of any contravention of these Regulations.

(2)

The officer may be accompanied by such other persons as the officer considers necessaryF1....

(3)

If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any premises (excluding premises used only as a dwelling) for any purpose in paragraph (1) and that—

(a)

admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier,

(b)

an application for admission would defeat the object of the entry, or

(c)

the premises are unoccupied or the occupier temporarily absent,

the justice may by signed warrant authorise an authorised officer to enter the premises, if need be by reasonable force.

(4)

A warrant granted under this regulation continues in force for one month.

(5)

An officer who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.

Annotations

Textual amendments

F1: Words in reg. 6(2) omitted (31.12.2020) by virtue of The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/824), regs. 1, 6(5); 2020 c. 1, Sch. 5 para. 1(1)