Rule 84.9 Application for a warrant to enter premises – conditions to be satisfied before a warrant may be issuedF1

(1)

This rule applies to an application by an enforcement agent for—

(a)

the issue of a warrant under paragraph 15(1) of Schedule 12;

(b)

the issue of a warrant under paragraph 20(2) of Schedule 12 allowing the use of reasonable force to enter premises; or

(c)

the inclusion in a warrant power under paragraph 21(2) of Schedule 12 to use reasonable force to enter premises.

(2)

Where the application is for the issue of a warrant under paragraph 15(1) of Schedule 12, the enforcement agent must provide the court with sufficient evidence and information to satisfy the court that the conditions in paragraph 15(2) of Schedule 12 are met.

(3)

Where the application is for the issue of a warrant under paragraph 20(2) or 21(2) of Schedule 12, the enforcement agent must provide the court with sufficient evidence and information to satisfy the court that the conditions set out in regulation 28(2) of the TCG Regulations have been met.

Annotations

Textual amendments

F1: Pt. 84 inserted (6.4.2014) by The Civil Procedure (Amendment) Rules 2014 (S.I. 2014/407), rule 2(3), Sch. (with rule 41)

Notes on Part 84

Modifications

C1: Pt. 84 applied (with modifications) (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 24.2(f), 24.6(1)