Article 46 Powers of entryI1

England and Wales

(1)

An inspector may, on producing a duly authenticated authorisation if requested, enter any premises (except premises used wholly as a private dwelling) at any reasonable hour for the purpose of enforcing this Order.

(2)

A justice of the peace may issue a warrant to permit an inspector to enter any premises, including a private dwelling, by reasonable force if necessary, if satisfied on sworn information in writing, that—

(a)

there are reasonable grounds to enter those premises for the purposes of enforcing this Order, and

(b)

any of the conditions in paragraph (3) are met.

(3)

The conditions are—

(a)

entry to the premises has been, or is likely to be, refused, and notice of intention to apply for a warrant has been given to the occupier,

(b)

asking for admission to the premises, or giving such notice, would defeat the object of entry,

(c)

entry is required urgently, or

(d)

the premises are unoccupied or the occupier is temporarily absent.

(4)

A warrant may be granted for a period of up to 3 months.

(5)

An inspector entering premises which are unoccupied or from which the occupier is temporarily absent must leave the premises as effectively secured against unauthorised entry as they were before entry.

Annotations

Commencement

I1: Art. 46 in force at 1.7.2024, see art. 1(3)